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03/19/2009City Council Agenda Location: Council Chambers - City Hall Date: 3/19/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards LB Attachments 4.2 March is National Nutrition Month Proclamation 1B Attachments 4.3 Clearwater Housing Authority Quarterly Update - Bob Aude, Chairman LB Attachments 5. Approval of Minutes 5.1 Approve the minutes of the March 5, 2009 City Council meeting as submitted in written summation by the City Clerk 1B Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 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) 10 Attachments 8. Second Readings - Public Hearing 8.1 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. ID Attachments 8.2 Adopt Ordinance No. 8059-09 on second reading, amending Section 22.24(2) to modify the hours of operation for Station Square Park. IB Attachments City Manager Reports 9. Consent Agenda 9.1 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) IB Attachments 9.2 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) 10 Attachments 9.3 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) LB Attachments 9.4 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) LB Attachments 9.5 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) LB Attachments 9.6 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) LB Attnchments 9.7 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) 10 Attachments 9.8 Approve a settlement in the case of Rosilenne Jones v. City of Clearwater, Case 8:08-cv-00702-T- 23TGW. (consent) IB Attachments 9.9 Reappoint F. David Hemerick and appoint Paul E. Lightfoot, David Napoli and Eric Spaulding to the Marine Advisory Board with terms expiring March 31, 2013. (consent) 1B Attachments 9.10 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. 1B Attachments 10. Other Items on City Manager Reports 10.1 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. 10 Attachments 10.2 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. 1B Attachments 10.3 Approve staff recommendations to offer retirement incentives to eligible employees. 12 Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports 1B Attachments 12. Council Discussion Items 12.1 Environmental Advisory Board recommendation regarding protection of shore birds 1B Attachments 12.2 Pass Resolution No. 09-17, recommending that the Board of County Commissioners delay action on proposed resolutions establishing levels of service and criteria for the determination of reasonable and customary costs for EMS providers, or, if action is not delayed, opposing the proposed resolutions and requesting funding to remain at present levels. Attachments 13. Other Council Action 13.1 Other Council Action ID Attachments 14. Adjourn ' l City Council Agenda Council Chambers - City Hall 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 Meeting Date:3/19/2009 Cover Memo Item # 1 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: March is National Nutrition Month Proclamation SUMMARY: Review Approval: 1) Clerk Meeting Date:3/19/2009 Cover Memo Item # 2 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Housing Authority Quarterly Update - Bob Aude, Chairman SUMMARY: Review Approval: 1) Clerk Meeting Date:3/19/2009 Cover Memo Item # 3 ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the March 5, 2009 City Council meeting as submitted in written summation by the City Clerk SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 13 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER March 5, 2009 unapproved Present: Frank Hibbard George N. Cretekos John Doran Paul Gibson Carlen Petersen William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Rosemarie Call Mayor Vice-Mayor Councilmember Councilmember Councilmemb City Manager Assistant City Assistant City K City Attorney City Clerk Management An The Mayor called the meeting to order at 6:00 offered by Assistant Pastor Thomas Jones of FIA of Allegiance. To provide continuity for resea necessarily discussed in that ordAd 4 - Presentations: rch 9 - 14, 2009 rter and Business Beautification Award ds pres Linda Baldwin - 1959 Clearview Lake Drive, A <e atification Award presented to Indoor Environmental est Avenue. Pinellas County Health Department Councilmember Doran requested that the minutes be corrected to reflect Paul Andrews spoke regarding Gulfview roadway project. Council 2009-03-05 venue, el and Nanci O'Rourke - 609 Florida Avenue, ystone D e; Neighborhood of the Quarter award presented Item # 4 Attachment number 1 Page 2 of 13 Councilmember Doran moved to approve the minutes of the February 19, 2009, City Council Meeting as corrected. The motion was duly seconded and carried unanimously. Jerry Murphy said now is the time to acquire property at the beach Bridget Alright opposed possible closure of the East B Dru Jeanis requested Council comments regarding a-mails Public Hearings - Not before 6:00 p.m. - Administrative Public Hearings Development (HUD). Vvern stimulate modera reg Cap, Standa Nei hborhood Revit trategy created the U.S. D rrWt of Housing ent's (H munity Develo Block Gr DBG) Program ation of es to f ages pa mong ity s ments, the p ctor, co oghborhood residents, to reinvestmen an and to income reside Communities with ed Neighb Revitalization Strategies enjoy enhanced in n rtakin veIopm housing nd lic service activities with th mployee Income Tracking; 3) Exclusion from Aggregate Public Benefit Strategy for Scattered Housing Units The'6posed strategy for the East Gateway District NRSA largely mirrors the East Gateway Five-Year Action Program approved in May 2008. The areas of focus include: safety and security, economic development and housing, business environment, neighborhood appearance, and the integration of the Hispanic community. The City has solicited input from residents, property owners, business interests, social service agencies and community groups Council 2009-03-05 bility u de g eco de e a pub eir 3G funds. This flexibilit signed to promote innovative programs in economically vantaged areas of the unity. By designating the East Gateway District as a rhood Revitalizat' tegy Area (NSRA), the City is able to offer more intensive assistance f ssing the communities most pressing needs. Areas of enhanced lexibility e program include the following: 1) Exemption from Public Services acilitate alization. The program takeholde deral and local rganizations ighborhood residents, to is capital while economically empowering low to 2 Item # 4 6 - Citizens to be Heard re Items Not on the Agenda Jay Keyes expressed concerns with the Clearwater Beach Recreation Center being used for weddings. Attachment number 1 Page 3 of 13 to fulfill HUD and the Action Program directives to engage the community. The strategy has been presented to the East Gateway Business and Neighbors Association, the East Gateway Stakeholder Advisory Group, and the Clearwater Neighborhoods Coalition in December and January. The Neighborhood and Affordable Housing Board approved it in February. The City has previously designated the North Greenwood and South Greenwood neighborhoods as N S RAs. One person spoke in support and requested that streetscaping for e considered for the next Penny for Pinellas phase. Councilmember Cretekos moved to approve the East Gate Revitalization Strategy; amend the FY (Fiscal Year) 2005-2010 Fi'V and the FY 2008/09 Consolidated Action Plan to incorporate the E Neighborhood Revitalization Strategy Area (NRSA); and authorize the U.S. Department of Housing and Urban Development (HUD). seconded and carried unanimously. 8 - Second Readings - Public Hearing trict Nei Consow duly office address is 2327 Nurse Road into the co limits of and redefi boundary lines of the city to include said additio Ordinance 7937-09 was pre Fdand r s readi rea only. Councilmember Doran moved to p do rdina 709o and final reading. The motion was duly,&c upon roll e vote wa C e. , Gibson, and be 8.2 Adopt Ordinance on sec din amending the future land use element of the Comprehensive Plan to to the I for certain real property whose post office address is 2327 Nurser on ann into the Cit of Clearwater, as Residential Suburban (RS). Ordinance 7938-09 resented for second reading and read by title only. ilmember Cretekos to pass and adopt Ordinance 7938-09 on second and final The motion was econded and upon roll call, the vote was: "Ay os, Doran, Gibson, and Hibbard. None. 8.3 Adopt fiance 7939-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2327 Nursery Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Council 2009-03-05 3 Item # 4 Attachment number 1 Page 4 of 13 Ordinance 7939-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7939-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. Ak 8.4 Adopt Ordinance 8029-09 on second reading, annexing certain re ert o office address is 1820 Beverly Circle North into the corporate limits an the boundary lines of the city to include said addition. Ordinance 8029-09 was presented for second reading and r ti Councilmember Doran moved to pass and adopt Ordinance 8029-09 nd fina reading. The motion was duly seconded and upon roll call, the vote "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.5 Adopt Ordinance 8030-09 on second readin din the nd use el f the Comprehensive Plan to desianate the land use rtain real D ose Bost Residential Low (RL). Ordinance 8030-09 v Councilmember Cretekos ml rea was du fed for second ss and adopt C ;d and upon ro and read 8030-0 s and and final vote ibson, and H "Na Ordinance 8031-09 member Gibson rr? ,The motion wA if None. esented for second reading and read by title only. pass and adopt Ordinance 8031-09 on second and final onded and upon roll call, the vote was: Doran, Gibson, and Hibbard. 8.7 Adopt Ordinance 8032-09 on second reading, annexing certain real property whose post office address is 1860 Carlton Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Council 2009-03-05 4 Item # 4 Attachment number 1 Page 5 of 13 Ordinance 8032-09 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 8032-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.8 Adopt Ordinance 8033-09 on second reading, amending Aro tsel6t Comprehensive Plan to designate the land use for certain raddress is 1860 Carlton Drive u on annexation into the Cit ?' Ordinance 8033-09 was presented for second reading and r Councilmember Cretekos moved to pass and adopt Ordinance 803 reading. The motion was duly seconded and upon roll call, the votE "Ayes": Cretekos, Doran, Gibson, and Hibb "Nays": None. nain Ordinance 8034-09 v Councilmember Gibson moJ rea was du d read and adopt Or, e 34-09 ed for second tHii J and upon roote 60ibson, and "Na d and fin t h d and final dinance 803 presented for second reading and read by title only. Co ber D d to pass and adopt Ordinance 8035-09 on second and final readi duly seconded and upon roll call, the vote was: es": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 8.11 Adopt Ordinance 8036-09 on second reading, amending the future land use element of the Comprehensive Plan to designate the land use for certain real property whose post office Council 2009-03-05 5 Item # 4 Attachment number 1 Page 6 of 13 address is 2655 State Road 580, together with the abutting right-of-way of State Road 580, and 2665 State Road 580, together with the abutting right-of-way of State Road 580, upon annexation into the City of Clearwater, as Residential/Office Limited (R/OL). Ordinance 8036-09 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 8036-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. As *,do the abutting ri ht-of-wa of State Road 580, and 2665 State Road 58 r with the abutting right-of-way of State Road 580, upon annexation into the ater, as Q)Ordinance 8037-09 was presented for second ad by title ouncilmember Gibson moved to pass and adopt on secon al ading. The motion was duly seconded and up all, the v "Ayes": Cretekos, Doran, Gibso Hibbard "Nays": None. 13 Adopt Ordinance 8040- and reading, a Ordinan 5 as amer 08. which a Dortion of the rlv one- the 70-foot riaht C re Ordinance 80 Councilmember Doran reading. The motion was "Ayes": CrE "Nays": Gi s prese second reading and read by title only. o pass t Ordinance 8040-09 on second and final conded n roll call, the vote was: oran, and bard. Motion Carried. required ommencement of vertical construction. Ordinance 8041-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8041-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2009-03-05 6 Item # 4 Attachment number 1 Page 7 of 13 "Ayes": Cretekos, Doran, and Hibbard. "Nays": Gibson. City Manager Reports 9 - Consent Agenda - Approved as submitted 9.1 Approve the East Gateway District Facade and Building Lot I Loan-to-Grant Aareement and authorize staff to implement the D authorize the appropriate officials to execute same. (consent) 9.3 ADDrove Aareement between the School Board of Pinellas n $50,000 and authorize the appropriate officials to exe nsent) 9.4 Award a contract Blanket Purchase Order t as Coun Waste in unt of $180.000 for the disposal of solid waste at the s County wwll?kneraV Dlan for 9.5 R Boars Timberl Councilmemberl the appropriate officials b carried unanimously. Other items on City 13. (conse e ent) moved rized to r Reports 1,,,o P urchase Or the Consent Agenda as submitted and that same. The motion was duly seconded and Eric Johnson. Inc. of Lawrencevil MoylrF'rogressive Cavity Pumps are used to transfer high viscosity fluids throughout the treatment processes at the three Advanced Wastewater Treatment Plants (WWTP). Moyno is standardized by the Water Pollution Control Division for replacement pumps and parts in this application because it eliminates excessive down time without the greater cost of retrofit and redesign. Carl Eric Johnson, Inc. is sole source for Moyno Pumps and replacement parts. Council 2009-03-05 7 Item # 4 Attachment number 1 Page 8 of 13 Blanket Purchase Order BR505396 covers the initial period of December 18, 2008 to December 31, 2009. Optional extensions are requested in case the purchase order amount lasts longer than the original, initial period end date. The projected amount for this period is based on the current performance of aging equipment and estimated costs of replacements and repairs that may be required before December 31, 2009. The original value of BR505396 is $50,000. Approval of the additional amount of $70,021.20 will increase the total flue to $120,021.20. _ In response to questions, Public Utilities Assistant Director et municipal base price is the lowest price offered. Not using the sol e con purchasing another brand of pump would require the City to retrofit tructu Councilmember Cretekos moved to award a contract (increas a Order Carl Eric Johnson, Inc. of Lawrenceville, GA, a sole source for curren nt, in the a of $70,021.00, with two optional one-year extensions for Moyno Pr ity Pumps replacement parts used at the three Wastewater Treatment Plants, fo a to unt of $120,021.20, and authorize the appropriate officials to exe me. The as duly seconded and carried unanimously. 10.2 Amend Section 22.24(2) of the Code of Ord' s to Chan ours of o for Station Square Park from "Closed from 9:00 D. it 6:00 a.m." d from Su til On February 3, 2005, Ordii hours of operation for parks; rc to inform the ublic of said h ho reaj eption to s City Manger. K effectively patrol City er number of persons tres n vandalism that occurs du s( 76-OWas a at seco g to 1) regulate trespassing on , and 3) all ing of a sign finance 7376-05 ded Secti y adding the the Code of O ces; re at least one ach park stati eration; and providing ould allow a p ued by the Department or tool that City orcement officers use to more or ours of opera tion at each park. It reduced the ))ark y after closi ng hours and reduces some of the times. Now that the constr of Station STOare Park is complete, it is envisioned that ion Square Park will be by downtown workers and as a venue for city events. nce 8059-09 Chang hours that Station Square Park is to be closed from sunset until except by permit ' by the Parks & Recreation Department Special Events Division o Manager. ment and Housing Director Geri Campos Lopez said Station Square Park w again for a week in order to seal the concrete and pavers. The closure would oc days. Councilmember Gibson moved to amend Section 22.24(2) of the City of Clearwater Code of Ordinances to change the hours of operation for Station Square Park from "Closed from 9:00 p.m. until 6:00 a.m." to "Closed from Sunset until Sunrise." The motion was duly seconded and carried unanimously. Council 2009-03-05 8 Item # 4 Attachment number 1 Page 9 of 13 Ordinance 8059-09 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8059-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 10.3 Amend Chapter 17, Clearwater Code of Ordinances, to ADDendix A. Article VIII reaardina the administrative fee for fi Ordinance 8038-09 on first readina. A new schedule of fire and life safety inspection fees was ado?fed ary 31, 20071 however, Sec17.06 (4) Clearwater Code of Ordinances ha een change lect the new fee. With the State mandated use of the Florida Fire P e, there is to update some of the wording in Chapter 17 to reflec reflect th e of name from Division of Fire, Life Safety, and Eme Manage the Divisi e Prevention Services. With the mandated use o lorida Fire n Code, o tate Fire Marshal through State legislation can mak nges to t negates authority granted in Sec. 17.34, thergidMking ection te. Councilmember Crete to reflect the change made i Fire Pre Othe date the vention nd elii fire code. otion 119 to amend Ch x A, Article VI III ;lature to reflect Code and refl the power of t seconded and 17, Clearw Ordinances, ing the ad tr e fee for anges y the State mandated tle of the Division of ion administrator to unanimously. Ordinance 80381 Councilmember Gibson i duly seconded and upon "Ayes": C "Nays": N resen first reading and read by title only. pass O e 8038-09 on first reading. The motion was the vote oran, Gibson, and Hibbard. A work order for consultant services was approved on May 15, 2008 for design, preparation of construction plans, and permitting for the Chautauqua/Coachman Ridge Reclaimed Water Project. As part of this project, the City desires to construct one 12-inch reclaimed water main crossing CSX right-of-way. The 12-inch reclaimed water main crossing is Council 2009-03-05 9 Item # 4 Attachment number 1 Page 10 of 13 located where the CSX Railroad intersects Old Coachman and NE Coachman. CSX requires an Agreement to cover the costs of encroaching, construction risk, and to provide the terms and conditions associated with placing a pipeline underneath their railway system. The cost to the City will be $535 for a license fee and $750 for a construction risk fee for a total cost of $1,285. Councilmember Doran moved to authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one 12-inch reclaimed water main in the C right-of-way as part of the Chautauqua/Coachman Ridge Reclaimed Water Project, ap rove line Crossing Agreement CSX-621838, authorize the appropriate officials ut Th motion was duly seconded and carried unanimously. Resolution 09-06 was presented and read by title only. CoLl to adopt Resolution 09-06 and authorize the appropriate officials to was duly seconded and upon roll call, the vote was: Doran, Gibson, new affordable housing incentive strati 420.9076 and adopt Resolution 09-09. During the 2007 legislative which later established Florida Ste receiving State Housing Initia ' s Housing Advisory Committe AH wina Dol The state identif minimum, incentives for rocess by which local go) dinances, regulations or ughout the fall of 2008 gy report. On Decer staff to take the H ssistance PIA iiership (SHIP) f and implement procedures, or rehensive pla able housing. re-established sires and cities stabl dable Juti h uties of the d opment and specific actions or earwater passed s AHAC. ?ntive kthncrease ested counties and cities to include at a edited ng Process and (b) The establishment of a it con sid ore adoption, policies, procedures, )visions the cost of housing. The AHAC met recommendations as part of the Local Housing Incentive 2008, the City Council accepted the strategy report and y steps to incorporate the appropriate strategies into the Local to view each of the AHAC recommendations. Staff is recommending the City Co ryose items that are clear incentive strategies for affordable housing, in the resol e other recommendations can be implemented through new policy and procedures. Resolution 09-09 amends the Local Housing Assistance Plan (LHAP) for state fiscal years 2006-2009 to include the recommended incentives. The City is required to notify the State of its adoption of the incentives and amendment to its LHAP. Council 2009-03-05 10 Item # 4 Attachment number 1 Page 11 of 13 Councilmember Gibson moved to amend the City's Local Housing Assistance Plan for State Fiscal Years 2006-09 to add new affordable housing incentive strategies to fulfill the requirements of Florida Statute 420.9076. The motion was duly seconded and carried unanimously. Resolution 09-09 was presented and read by title only. Councilmember D ran moved to adopt Resolution 09-09 and authorize the appropriate officials to execute Mme. motion was duly seconded and upon roll call, the vote was: 1Ak "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 10.6 Authorize providing Clearwater residents domiciliaries first rio ' City-owned' Downtown Boat Slips, ensure public access to the docks boardwal Wade and adopt Resolution 09-10. In the Downtown Boat Slips referendum, Ordi a resolution regulations that provide city residents ensure public access to the docks, boardwalks a enade. 10, City Council agrees to provide City-owned y accessibI promenade on the property generally bounded rew Stree Waterway Channel and the Bluff. also ates t (domiciliaries) will have first priorit oat s. cated s and hrwa ired ncil adopt oving Re 09- oorings a t, the Intra I ents Le alhas clarified re r staff. Reside Merely requir oJI1 presence as an inh place, wh micile requires prese?f at place and also an s perma me. Legal sta of grasping this t is to un at acq legal residenc ke becoming a citizen a particular state. en" - a resident or ary a state - a person may enjoy benefits afforde domici f that particular state, such as the right to receive in-state tuition rates to c and uni As such, the law analyzes an individual's intent, rather than time sp given p determine an individual's domicile. A few criteria to be used in evalu a Lottery nt is a legal resident (domiciliary) of earwater will be where th icant claims eir homestead exemption, a copy of their most nt lease agreement if t t, the address where the applicant is registered to vote and dress indicated on th icants latest federal income tax return. 'ty residents riority in choice of slips at the Lottery on March 14, 2009, for the se Wea n-residents who met the lottery deadline. After the Lottery has taken shall be able to select slips on a first-come-first-serve basis from March oon on May 15, 2009, provided they have provided a deposit equal to the first mon Non-residents shall be eligible to be placed on a waiting list on a first- come-first- sis during this period by paying an amount equal to the first month's rent for the size slip they desire. Beginning May 18, 2009, all slips still available will be available to everyone, regardless of residency, on a first-come-first-served basis. If a waiting list becomes necessary after May 18, 2009, then City residents shall have first priority in selection of Council 2009-03-05 11 Item # 4 Attachment number 1 Page 12 of 13 available slips over non-residents, so long as all interested in placement on the waitlist have provided the Marina a non-refundable, $250 deposit. Councilmember Cretekos moved to amend the non-refundable deposit to $100. The motion was seconded. Councilmember Cretekos voted "Aye,' and Councilmembers Gibson, Doran and Mayor Hibbard voted "Nay." Motion failed. der Councilmember Gibson moved to authorize providing Clearw4ried (domiciliaries) first priority at the City-owned Downtown Boat Slips, ebN docks, boardwalks and promenade. The motion was duly seconde Resolution 09-10 was presented and read by title only. Co %am adopt Resolution 09-10 and authorize the appropriate officials to ewas duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. "Nays": None. 2013. Councilmember Gibson moved to motion was duly seconded and cam Miscellaneous Reports and 11 er erbal Mayor Hibbardv million-appropriation ov a letter be sent to Preside charitable giving deductio Consensus was to Councilmemb u events and omas D. rting legislation allowing TBARTA to spend $2 to Governor Crist and state delegation and that \congressional delegation opposing lowering I on events in which they recently participated, reviewed the Philadelphia Phillies to Spring Training. reported the DDB voted to help fund 4t" Fridays in Downtown. C ber Gibson encouraged Councilmembers to read information provided regarding calls in preparation for discussion at next work session. Mayor Hibbard congratulated Clearwater for Youth Foundation for endowment fundraising efforts totaling $1.4 million and offered condolences to families of Randy Roberts Joan Mickens. Council 2009-03-05 12 Item # 4 ;? requests. 13 -Adjourn The meeting adjourned at 7:47 p.m. Attachment number 1 Page 13 of 13 Mayor Council 2009-03-05 13 Item # 4 Pagel of 2 A. Scott Kurleman From: A. Scott Kurleman Sent: Monday, March 16, 2009 6:48 PM To: 'thecompleteanglerstore@yahoo.com' I 7Z, , 4 Cc: 'scott.kudeman@myclearwater.com' Herb & Lori, At first I thought I would just not say anything about this, but now feel that I should since I am sure now you think without a doubt that I have something to do with your code issues with the City. For what it is worth - I guess it comes with working at the City. As soon as I found out you owned the bait store I knew instantly that you would think I was the culprit with your signs, I even told Stephanie this. I so wish we had better communication. I regret that and still do. But this is what happened: I was working at the counter with someone - another planner was helping someone else. I overheard the other planner say that we do not do code enforcement. That person became very irate and stated he had waited over 30? minutes to see someone. I asked what the issue was and they stated that they wanted to turn in sign violations. As I can remember hearing it was a sign contractor. This was over a year ago. I told the other planner to just take the information and we would get it to MaryJo. This happens often as our department issues the sign permit, but we do not do enforcement. Some time passed before this was turned over to MaryJo. When this was turned over to her by myself, I had no idea who they were, what the issue was or who the owner was. The first time I spoke to you Lori was when you asked to speak to MaryJo who was not there. About two minutes into the conversation I had with you Lori, I thought maybe you were one of those turned in and I instantly knew their were going to be problems. I generally give code enforcement the sign issues from our side. Once I talked with you, I sent an email requesting that they give you a couple more weeks to apply for a permit. This is all in the case notes that Dru has. Understand that I do not choose what to enforce on and how to en orc do not work for that depart t. ve a pro em erm as I then told Michael Delk that I would prefer to not have any involvement in this case or any mention of my name due to your being my neighbors. He agreed. It worked for a while. e ions not t a I was ' g to hide something as I am sure it appeared. Please understand that at the time, I was the only one doing sign ermits and could not avoid this. Even if I had known beforehand that it was you, I am not sure how I could have avoided it, but I sure would have tried. The last thing I have time for is to go around the City looking for sign violations. I am working two jobs, hardly ever home and when I am we are doing something with the kids. I know we have had some disagreements, but the last thing I would want to do is cause more issues. It bothers me to this day that we can not have better communications. We are neighbors. I have never turned you or any neighbors in for anything. I have been blamed recently by the Weber's for reporting them regarding overgrowth. It was not me, it was someone on the long end. And even though I think it is better that the growth has been trimmed, I would not turn them in. They were turned in for that before I ever lived there. Again, I guess it just comes with working for the City but it makes my life more difficult. I hope you understand how I was put in this situation. It probably happens daily that I turn something over to code enforcement. Do I regret things or think I should have done something differently? Of course. I truly think it is ridiculous that the City has dragged this out for over a year. I realize I can not force you to understand but only hope that you one day you will. I know you despise the City and understand why, but please do not fault me because I work there and do not believe everything you hear secondhand. I really do hope some day we can have better communications. 3/16/2009 Page 2 of 2 Scott A.Scoff Kurleman Customer Service Clerk II Town of 8elleair Police Department p 727-588-3769 F 727-588-3786 ak rlemandtownof I eolr.net 3/16/2009 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/19/2009 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. Cover Memo Item # 5 Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 8 Location Map Owner Stephen E. McConihay, Jr. and Donna M. Case: ANX2009-01001 McConihay 2350 Lake Shore Drive and Property Size(Acre?): Unaddressed Parcel located at the Northwest Size R_O_W(Acres): 1.111 Site: corner of First Street East and Third Avenue 1.08 North Land Use Zoning 32-28-16-14922-046-0120 PIN: and From : RS (County) R-R (County) 32-28-16-14922-047-0120 To: RS (City) LDR (City) Atlas Page: 233A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-01001 - 2350 Lake Shore Dr and Unaddressed Parcel on Ist Street East - McConihay\Maps - Combined cases\REVISEDLOCATION.dottem # 5 Attachment number 1 Page 2 of 8 ,CC a MEMEM EMEMEN Aerial Photograph Owner Stephen E. McConihay, Jr. and Donna M. Case: ANX2009-01001 McConihay 2350 Lake Shore Drive and Property Size(Acre?): Site: Unaddressed Parcel located at the Northwest Size R_O_W(Acres): 1.111 corner of First Street East and Third Avenue 1.08 North Land Use Zoning 32-28-16-14922-046-0120 PIN: and From : RS (County) R-R (County) 32-28-16-14922-047-0120 To: RS (City) LDR (City) Atlas Page: 233A S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-01001 - 2350 Lake Shore Dr and Unaddressed Parcel on Ist Street East - McConihay\Maps - Combined cases\REVISEDAERIAL.doc Item # 5 Attachment number 1 Page 3 of 8 1 ?Iffj 30 60 8 ° [ A eft 7 ? - ---- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- - - --- --? --- ------------------------------ 277 ? 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Case: ANX2009-01001 McConihay 2350 Lake Shore Drive and Property Size(Acre?): Sit Unaddressed Parcel located at the Northwest Size R_O_W(Aeres): 1.111 e: corner of First Street East and Third Avenue 1.08 North Land Use Zoning 32-28-16-14922-046-0120 PIN: and From : RS (County) R-R (County) 32-28-16-14922-047-0120 To: RS (City) LDR (City) Atlas Page: 233A ammng epa men nnexa ions \ANx - - - e ore r an Unaddressed Parcel on Ist Street East - McConihay\Maps - Combined cases\REVISEDZONING.doc Item # Attachment number 1 Page 6 of 8 30 so.... Conservation ,ASV a VAC - - - I - r - 'r - - - T 1 - ?- T - 26 /Jdin{??.? 2F#»1nll?yl?.111t?t41<??6 I -15 114 -- W I I I I I_ ®I 1_{.-..r..- I- wrvs +. 5 •'; .. ti s•• L Q 1d 2 1 3 1 4 1 5 1 6 1 7--I 8{-9---I-10--I- ------------ 11--- -12--1--13- ": •::{' •:a ?I { +FOURTHAVEN Q Z.... C? I....... 26.. 1... -1-I 1 . . e1 -1-J .................. ....7 1... -I- ..I............. . V, 1.... I- I 1N{ .. 2.. i I 3,14 N... I I i 7. ...1.. 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ENE 23 r` 24 Existing Surrounding Uses Map Stephen E McConihay Jr and Donna M Owner Case: ANX2009-01001 McConihay 2350 Lake Shore Drive and Property Size(Acre?): Sit Unaddressed Parcel located at the Northwest Size R-o-W(Aeres): 1 . e: corner of First Street East and Third Avenue .08 1 08 North Land Use Zoning 32-28-16-14922-046-0120 PIN: and From : RS (County) R-R (County) 32-28-16-14922-047-0120 To: RS (City) LDR (City) Atlas Page: 233A annmg epa men nnexa ions - - - e ore r an Unaddressed Parcel on Ist Street East - McConihay\Maps - Combined cases\REVISEDEXISTING.docitem # Attachment number 1 View looking south from the subject property, 2350 Lake Shore Drive View looking north from the subject property, 2350 Lake Shore Drive ANX2009-01001 McConihay, Stephen E. and Donna M. Item # 5 2350 Lake Shore Drive and Unaddressed Parcel Page 1 of 2 View looking east at the subject property, 2350 Lake Shore Drive View looking south at the subject property, 2350 Lake Shore Drive View looking west at the subject property, vacant unaddressed parcel. View looking southwesterly at the subject property, vacant unaddressed parcel. Attachment number 1 Page 8 of 8 ANX2009-01001 McConihay, Stephen E. and Donna M. Item # 5 2350 Lake Shore Drive and Unaddressed Parcel Page 2 of 2 View looking north along First Street East. View looking south along First Street East. View looking westerly along Third Avenue North. Attachment number 2 Page 1 of 3 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. Item # 5 Ordinance No. 8047-09 Attachment number 2 Page 2 of 3 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: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 5 Ordinance No. 8047-09 Attachment number 2 Page 3 of 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. Item # 5 3 Ordinance No. 8047-09 Attachment number 3 Page 1 of 3 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) Ordinance No. 8048-09 Item # 5 Attachment number 3 Page 2 of 3 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 8048-09 Item # 5 Attachment number 3 Page 3 of 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. 3 Ordinance No. 8048-09 Item # 5 Attachment number 4 Page 1 of 3 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 See attached legal description (ANX2009-01001) Zoning District Low Density Residential (LDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Ordinance No.18W9*915 Attachment number 4 Page 2 of 3 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance NoltM996 Attachment number 4 Page 3 of 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. Ordinance NoltWA996 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/19/2009 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 Item # 6 Attachment number 1 Page 1 of 4 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 ... $150.00-00 Section 2. Article II of Chapter 17, Clearwater Code of Ordinances, is hereby amended as follows: ARTICLE II. FIRE PREVENTION CODE* Sec. 17.31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Division of Fire Prevention Services Fire, LW@ c?--??L, and E*nergenGy Management means the fire prevention division of the fire department, or any equivalent thereof. Corporation counsel means the city attorney. Municipality means the City of Clearwater, Florida. Ordinance No.l$MU4C Attachment number 1 Page 2 of 4 Sec. 17.32. Adoption of the Florida Fire Prevention Code. (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 aPA listed in FAC 69A-60 Florida Fire Prevention Code -an GOF of the T'nri`J;; Ciro Dream+inQC 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. referrer! +n i., +hMS as the National Ciro wdeT 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-66: 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 Ciro Gc)des 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 °+ii?ucrvna'Fore 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 ^'°+inn°' Ciro Godes and for safeguarding life and property from fire or other emergencies. Sec. 17.33. Conflict between the Florida Fire Prevention Code National Ciro Codes and other ordinances. In the event of a conflict between the Florida Fire Prevention Code Watianal Fire Codes and any other provision of this Code, the strictest standards shall prevail. 2 Ordinance Noltff(Di1896 Attachment number 1 Page 3 of 4 Sec.17.34 17 36. 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 Ciro Godes 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; 3 Ordinance Noltff 8896 Attachment number 1 Page 4 of 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 Approved as to form: Robert J. Surette Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 4 Ordinance Noltff 8896 ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 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 Item # 7 Attachment number 1 Page 1 of 5 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 Ordinance 4ffi 4& Attachment number 1 Page 2 of 5 6 CHARLES PARK 7 CHARTER OAKS 8 LAKE CHAUTAUQUA PARK 9 CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 44 12 CLIFF STEPHENS PARK 4-2 13 COOPERS BAYOU PARK 43 14 COUNTRY HOLLOW PARK 44 15 CYPRESS BEND PARK 45 16 CYPRESS POINT PARK 46 17 D.D. DAVIS PARK 47- 18 DREW PLAZA 48- 19 GARDEN AVENUE PARK 49- 20 GLEN OAKS PARK 2-9 21 GLENWOOD PARK 24- 22 HARDING PLAZA 22 23 HIBISCUS LAKE 2-9 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 29 30 OVERBROOK PARK 2-9 31 SALLS LAKE 1 & 2 30 32 SOULE ROAD PARK 34 33 SPRING LAKE PARK ,32 34 STATE STREET PARK 35 STATION SQUARE PARK Ordinance 4ffi 4& Attachment number 1 Page 3 of 5 33 36 SUNSET POINT ROAD PLAYFIELD ,34 37 TERRACE LAKE 35 38 TOWN PLACE PARK 36- nlnEEND Ainnn RECAAQ IATIC COMPLEX PLAYGROUN . D T? 37-- SHERRY HARRIS PARK 38 STATION SQUARE PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 33 39 COACHMAN PARK 30 40 COURTNEY CAMPBELL RECREATION AREA 40 41 COUNTRYSIDE LIBRARY PLAYGROUND 44- 42 MAGNOLIA STREET DOCK 42- 43 MEMORIAL PARKS 1 & 2 49 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 Ordinance 4ffi 4h7 Attachment number 1 Page 4 of 5 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 Ordinance 4ffi 4& Attachment number 1 Page 5 of 5 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 Approved as to form: Laura Mahony Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance 4ffi 4& ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/19/2009 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 firms 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) Clerk Cover Memo Item # 8 ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 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 apremium 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: 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 None Cover Memo Item # 9 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 1 Property Insurance Renewal 4/l/09-4/l/10 No Insurance for $518, 357,057M of Values After Self-Insured Retention (TlV: $568,357,057) Endurance $15V1 XS $3 SVI Premium $340,038 Arch Specialty $5N1 XS $;0M Premium $143,364 Princeton Excess & Surplus Lines $10N] XS $20M Premium $302,811 Landman: American Insurance Co/Lexirn,,torn his. Co. $20M Primal-\r Premium $1,338,955 $300,000 All Other Perils 5°'o with minimum of $500,000 Named Storm No Insurance Item # 9 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/19/2009 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 Comments: Current Year Cost: 556,000 Not to Exceed: 556,000 For Fiscal Year: 4/1/09 to 3/31/10 Appropriation Code Amount 315-96377 278,000 315-96378 278,000 Bid Required?: Yes Other Bid / Contract: Budget Adjustment: None Annual Operating Cost: 556,000 Total Cost: 556,000 Appropriation Comment Pinellas New Mains and Service Lines Pasco New Mains and Service Lines Bid Number: Bid Exceptions: 0811- 002 None Cover Memo Review Approval: 1) Clerk Item # 10 ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 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 Comments: Current Year Cost: 296,000.00 Not to Exceed: 296,000.00 For Fiscal Year: 4/1/09 to 3/31/10 Appropriation Code 315-96377 315-96378 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Budget Adjustment: None Annual Operating Cost: 296,000.00 Total Cost: 296,000.00 Amount Appropriation Comment 148,000.00 Pinellas New Mains and Service Lines 148,000.00 Pasco New Mains and Service Lines Yes Bid Number: 0811-002 Bid Exceptions: None Cover Memo Item # 11 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/19/2009 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 1/2 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: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Operating Expenditure Yes Budget Adjustment: Annual Operating Cost: Total Cost: to None Cover Memo Item # 12 Attachment number 1 Page 1 of 24 November 28, 2008 Allen Del Prete City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Re: Policy No. 000010067548 Life Group I.D. CTYCLRWATR Dear Allen Del Prete: pry*. x•? *??S?:v??iX.. f?i II.k n ?.r+r •• i . 5}r } ? v ??. 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 I Item # 12 Attachment number 1 Page 2 of 24 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 Item # 12 JFF END-58601L Attachment number 1 Page 3 of 24 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 GL1100A AMEND. Item # 12 Attachment number 1 Page 4 of 24 Wmp JEFFERSON PILOT FINANCIAL Jefferson Pilot Financial Insurance Company 8801 Indian Hills Drive, Omaha NE 68114-4066 (800) 423-2765 A Stock Company Group Policyholder: Citv 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. V4&0-G-,?s Chief Executive Officer GROUP INSURANCE POLICY No. 000010067548 PROVIDING LIFE INSURANCE GL1101-TITLE PAGE Secretary Item # 12 10/01/08 Attachment number 1 Page 5 of 24 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 GL1101-1 Item # 12 2 10/01/08 Attachment number 1 Page 6 of 24 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 1 All Eligible Full-Time Employees Scheduled to Work 37.5 Hours Per Week Including SAMP Employees and excluding CWA Bargaining Unit Employees Class 2 Retirees Class 3 All 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. GL1101-2 Item # 12 3 10/01/08 Attachment number 1 Page 7 of 24 SCHEDULE OF INSURANCE (CONTINUED) LIFE INSURANCE Amount of Personal Life Insurance Class 1 $2,500 Class 2 $1,000 Class 3 One 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 A 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. GL1101-2 Item # 12 3-2 10/01/08 Attachment number 1 Page 8 of 24 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. GL1101-3 91 Item # 1 ?REV) 4 10/01/08 Attachment number 1 Page 9 of 24 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. GL1101-4 95 Item # 12 10/01/08 Attachment number 1 Page 10 of 24 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. GL1101-5 93 Item #(ILA) 10/01/08 Attachment number 1 Page 11 of 24 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. GL1101-5 93 Item #(ILA) 7 10/01/08 Attachment number 1 Page 12 of 24 PREMIUMS AND PREMIUM RATES 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 Class 2 GL1101-6 04 FL $.20 per $1,000 of insurance 2.32 per $1,000 of insurance Item # 12 10/01/08 Attachment number 1 Page 13 of 24 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. GL1101-7 04 FL NdtWh#.-alb lives 9 10/01/08 Attachment number 1 Page 14 of 24 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. GL1101-7.1A 96 Itemp#e12Bene. 10 10/01/08 Attachment number 1 Page 15 of 24 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. GL1101-7.1C 01 Item # 12 11 10/01/08 Attachment number 1 Page 16 of 24 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. GL1101-8 96 Item # 12 12 10/01/08 Attachment number 1 Page 17 of 24 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. GL1101-9 96 FL Standl*R t UNRA 13 10/01/08 Attachment number 1 Page 18 of 24 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. GL1101-9.8 01 FL IteMAVDEP. 14 10/01/08 Attachment number 1 Page 19 of 24 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. GL1101-9.8 01 FL IteMAVDEP. 15 10/01/08 Attachment number 1 Page 20 of 24 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. GL1101-10 DEP. Item # 12 16 10/01/08 Attachment number 1 Page 21 of 24 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. GL1101-13A 02 FL Item # 1QADD 17 10/01/08 Attachment number 1 Page 22 of 24 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. GL1101-13A 02 FL Item # 1QADD 18 10/01/08 Attachment number 1 Page 23 of 24 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 301h 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. GL1101-13A 02 FL Item # 1QADD 19 10/01/08 Attachment number 1 Page 24 of 24 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 V ao-Gk Officer of the Company GL1101-AMEND. PC1 Prior UMAX- Life 20 10/01/08 ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 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 Cover Memo Item # 13 315-93606 $200,000 Review Approval: 1) Clerk Cover Memo Item # 13 E,)i =T A. DpjMj l p RUMJS AND DEMNA?GE E,A.SEIWILM CARPEN'T'ER FIELD ° That portion of the NE 1/4 of the SE 1/4 of Section 7, Township 29 South, Range 16 East, being more and particularly described as follows, to wit: Commence :at the Southwest corner of the aforesaid PIE 1/4 of the SE 1/4 of Section 7, Township 29 South, Range 16 East and run S 89" 47' 4311 E, 239.10 feet for a POINT OF BEGINNING; thence continue S 89° 47' 43" E, 999.04 feet to an intersection with the western right of way litre of U.S. 19; thence along this last described right of way line N Q" 54' 44" E, 496.84 feet; thence N. 89° 05' 16" W, 30.00 feet; thence N 0° 54' 44" E, 750.00 feet; thence S 89° 05' 16" E, 10.00 feet; thence N 0° 54' 44" E, 102.88 feet to the East and West centerline of the aforesaid section; thence run N 89° 59' 1611 W, 841.03 feet; thence S 27° 45' 31" W, 314.80 feet, to an intersection with the eastern right of way line of the Florida Power Corp. right of way; thence S 0° 41' 29" W, 1067.97 feet along the aforesaid eastern right of way line to the P:O.B. and containing 29.93 acres, more or less; SUBJECT TO THE FOLLOWING DESCRIBED DRAINAGE EASEMENTS: The North 30 feet; the East 50 feet of the south 750 feet of the North 852.68 feet, and the East 60 feet of the North 102.88 feet of the above described property; ALSO, commence at the Southwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section; thence along the South line of said Northeast 1/4 of the Southeast 1/4, S. ?89" 47' 45" E., 1237.47 feet to the West right-of-way line of U. S. Highway 19; thence along said line, N. 09" 54' 44" E., 496.94 feet; thence N. 89° 05' 16" W., 30.00 feet; 'thence N. 00° 54' 44" E., 644.24 feet; thence leaving said West right-of-way line, N. 89° 05' 16" W., 50.00 feet to the POINT OF BEGINNING; thence N. 440 02' 35" W., 219.39 feet; thence along a lute 50.00 feet South of and parallel with the North line of the Southeast 1/4 of said Section, S. 89° 59' 16" E., 155.03 feet; thence leaving said, line, S. 00" 54' 44" W., 157.69 feet to the POINT OF BEGINNING; containing 0.28 acres more or less; ALSO# Commence at the Southwest corner of the Northeast 1/4 of the Southeast 1/4 of said Sect-ion; thence along the South line of said Northeast 1/4 of the Southeast 1/4, S. 89° 47' 45" E., 1063.67 feet to the POINT OF BEGINNING; M Attachment number 1 Page 1 of 2 Item # 13 Attachment number 1 Page 2 of 2 thence leaving sold line, N. 11' 39' 19" E.; 5a8.18 feet; thence S. 896115' 16" E., 79.06 feet to the. West right-of- way line of U.. S Highway 19; thence along said right-of- way line, being 100 feet West of and parallel with the East line of the Southeast 1/4 of said Section, S. 00" 54' 44" W., 496.84 feet to the South line of the Northeast 1/4 of the Southeast 1J4; thence along said South line, N. 89' 47' 45" W., 173.79 feet to the POINT OF BEGINNING; containing 1.44 acres more or less. , . , w Item # 13 Attachment number 2 Page 1 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 Item # 13 Attachment number 2 Page 2 of 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 2 Item # 13 Attachment number 3 Page 1 of 6 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: Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Second Amendment. Item # 13 Attachment number 3 Page 2 of 6 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. 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 2 Item # 13 Attachment number 3 Page 3 of 6 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, 3 Item # 13 Attachment number 3 Page 4 of 6 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 4 Item # 13 Attachment number 3 Page 5 of 6 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 CITY OF CLEARWATER, FLORIDA By: William B. Horne, 11 City Manager 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 Attest: Cynthia E. Goudeau City Clerk 5 Item # 13 Attachment number 3 Page 6 of 6 Item # 13 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/19/2009 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 $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: In October 2004 the City completed its Water Supply System Master Plan ("Plan") that included a recommendation the City expand local water production. Pursuant to the plan the City will install five new wells that are anticipated to increase water production by 1.25 millions gallons per day. Four inactive permitted wells will be relocated, and three other wells will be rehabilitated to enhance capacity. The subject easement exactly overlays a Sanitary Easement the School Board granted the City in 1984, to now also provide the City sufficient perpetual authority within the same easement alignment to install and maintain a proposed 8-inch raw water delivery line that will interconnect the new wells with the water treatment facility. This easement provides direct linkage for the proposed water line from routing within Fairmont Street right-of-way to connect with the 10-foot wide water main easement the School Board granted in May 2008 along the easterly boundary of the Kings Highway Elementary property. Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 4 Item # 14 M MEMO" rjwwMMwMFMM6%w z I ¦ ¦ Attachment number 1 Page 2 of 4 M Item # 14 Attachment number 1 Page 3 of 4 -00 M-dW Item # 14 ¦ P.4 Attachment number 1 Page 4 of 4 k? M Attachment number 2 Page 1 of 1 R N D BYE Q Q g ? e a BERTLAND STATE ST u7 Y'g to d O O W Z m ~ Y Q Z o g Q U ? HE _ SUNSET POINT SO USEL PROJECT( SITE ` J`SO P CLAIRE TO o 2 PARK ?O\- z OP LL L?T DF PRI ALE It -F -TF N CAROLYN=? SENT LA Y TTY LU w CR-576 O?it aF:c?t MER eK LL M T Q w rr CROWN ST, L_L_L_L_L SHFrLWO ABEN LRI? ST CARROL LONG 7% ffF-F Q CLARK ST LL c_ o LEVERN ST ? I ? F__BONAIR ST ? J CR-5d$ - titer Prepared by: Engineering Department Geographic Technology Division PCSB KINGS HIGHWAY WATER MAIN EASEMENT N W E S 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwateccom Map Gen By: SF Reviewed By: EB Date: 2/23/2009 Grid #: 261A e S-T-R: 2-29s-15e m # 14 Scale: 1800' ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 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 Comments: Current Year Cost: $50,000.00 Not to Exceed: For Fiscal Year: 10/01/08 to 09/30/09 Appropriation Code 590-07000-545900-519000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Amount $50,000.00 Budget Adjustment: No Annual Operating Cost: Total Cost: $50,000.00 Appropriation Comment Bid Number: Bid Exceptions: None Cover Memo Item # 15 ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 SUBJECT / RECOMMENDATION: Reappoint F. David Hemerick and appoint Paul E. Lightfoot, David Napoli and Eric Spaulding to the Marine Advisory Board with terms expiring March 31, 2013. (consent) 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 Cover Memo 4. David J. Napoli - 2644 Barksdale Ct., 33761 - Retired/Trademan, Construction Item # 16 5. Eric D. Spaulding - 1116 Sedeeva St., 33755 - Fisherman/Business Mgmt. Zip codes of current members on board: 2 at 33761 2 at 33765 Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 2 Name: LU Home Address: (o r 7 iq3 (- 0t A N A%'-)E CLeAaujATEa- zip 337(c7 Telephone: 7 a7 - ?+a3 - 75 (o S Cell Phone: '` V How long a resident of Clearwater? Occupation: ?u51Ne_S5 O?Ne-r-- s Office Address: _ l O CT - 6 2000 7?i l ?NG(e55 S i POR- IZ«1?j Zip 3y(" ?°? Telephone: 727- ey 7 -930C E-mail Address: Paul IAld c'C/oc..Ks ,mom Field of Education: Employer: 6L)( Al rDG 6boc-,K-S ?yrySl???-SON Other Wk 7xperience: s Le-0 aF I?A?? St ?Ow OyEi_?t,) G12LASE5 ? l ?y Qc F+? ?U?ND,?6 M?u,3c2 Lc. /1-c,?tr2 ,Qc-rfC 14-A A 9-_? oG 0-1k ?" r? If retired, former occupation: Community Activities: C0(-)c.t4inj y 4(,,jp4 Other Interests: Board Service (current and past): k14 e (OA AJ,j t5on_Y -OoAtz?0 Board Preference: 1,4 /-1</ 4 ,/ ?9- A0 ? tS- t-(' ,-) D Additional Comments: Signo? Date: D g 63 See attached/list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. CITY OF CLEARWATER - APPLICATION FOR ADVISOR (must be Clearwater resident) Item # 16 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -l PrS7 Nle (-A, 3 ot1L - L) 2 0 / / 9i 9 9_ 24',9 ,? Attachment number 1 Page 2 of 2 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Vc S 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ?5,DOn1t A-ND ??51NesS McVL GIZ 2 OG ?'o/f1v?l-h/l iY ASS ?d?(L7 ?til?-M i3 €,2. 4. Why do you want to serve on this Board? 1D P.E04 0 1rJ ALT1?C- lnu -17fE IhA2iryE T 4ec o tite•?ri ?- Name: - A UL J,, ?G Li-E Board Name: M A-(1-) N A Apv c So a`' Bo A-A- Item # 16 Attachment number 2 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: ??C**- v Home Address: r q a ??bh . 17 C_\ ?v u, ar Zip 3 47-7417 Telephone: `751) 4 4 L.-1 Ht J? & Office Address: -V,:2 . S. VA, emu' -4" 5C!K Ao ?- c X kCl, Zip 3 ?i 6 ( l? Telephone: ')a')- t - `? 55 6 Cell Phone: '71T)- y 3 `I ?3y E-mail Address: r) A) H 3 - 4 03el How long a resident of Clearwater?, Occupation: Employer: SrkF Field of Education: Other Work Experience: Mccv, .A? c`?w.nLY Q A. ti If retired, former occupation: ??.., Community Activities: Other Interests: Board Service (current and past): hA Board Preference: Additional Comments: Signed: ?,? Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off our aplciont'ty Hall, 2nd Floor, 112 S. Osceola Avenue. ?((? [ U 11? L k Item # 16 Attachment number 2 -7? Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -W Sv, ? ?L? P ??.?-c ? '?awan u\ ? Jyc?c V ; y? ? t 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? v b? CA f-Gt V l..-t1.V et ?rJ cy` \? G. E?."? S 4. Why do you want to serve on this Board? --t ?n ?...? ,Ra w c -`,°} `?> ` 2. Name: Board Name: Item # 16 Attachment number 3 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Home Address: Zip 33761-fy%? Telephon4' -7 Z ?) 7'1 S{ f 6 s Cell Phone 7 `>' G cf - c% z3 j Office Address:+ Zip Telephone: E-mail Address: X0,9 /& 726<<-) How long a resident of Clearwater? / 7?6, ,.< s Occupation: ,??>/mss c Field of Educatio. Employerjl (. L ? ,zl lz ; 1c,y, ?8 a Other Work Experience: If retired, former occupation:V5 fw ?u? u? Community Active` Other Interests: sr L ? ? '/__'_Z; Board Service (current and past): Board Preference: lo! rl?-, LL'.. C' _, L' M_c.L A„jL . ?(Li,.? / ,/`c?r a L-, Additional Comments: ????--- S_? 'C" , i? I Signed: Date: q) '1 a U ' See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. DEC 9 ?008 1Iterb # 16 Attachment number 3 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? v L-cr.k Name: j G 4,z Board Name: Item # 16 Attachment number 4 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISO (must be Clearwater resident) Name: Paul E. Lightfoot Home Address: 3102 Eagles Landing Circle West Clearwater, FL Zip 33761 Telephone: 727-744-1728 How long a resident of Clearwater? 16 years Occupation: Financial Advisor Field of Education: Business Administration If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Office Address: NC_ 2008 18167 US Hwy 19 North, Sur _. Clearwater, FL Zip 33764 Telephone: 727-507-2573 Employer: UBS Financial Services, Inc. Other Work Experience: Business Owner (Wholesale Pluming) Corporate Executive (Manufacturing) Board Preference: Private & Corporate Board of Director Not for Profit Board of Director Additional Comments: Hold Private Multi Engine Pilot License Merchant Marine Master Licensed TWIC Program Registered Signe S. -e Date: November 17, 2008 See attached list for boards that re uire financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. #'' I1? l/ Attachment number 4 Page 2 of 2 BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? To offer insight & support to the Marine & Aviation Department Management. 2. Have you ever observed a board meeting either in person or on C-View the City's TV station? Yes, I have attended a Marine Advisory Board meeting. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I am a Licensed Multi Engine Fixed wing Aircraft Pilot, sense 1980. 1 carry a Merchant Marine Master Steam or Power Vessel License, and TWIC Program registered. I am also a member of NACO. I have served on Corporate, Private and Not for Profit Boards. 4. Why do you want to serve on this Board? To work proactively for the best interest of our Community, Marine, Aviation and Tourism Industry. :Paul E. Lig tf o Board Name: Item # 16 Attachment number 5 Page 1 of 2 Name CITY OF CLEARWATER - APPLICATION FOR ADVISORY BC jV1:D (must be Clearwater resident) e- L 1, , i., AW Ism Home Add °2 / 2 y C' N Telephone:22?- ?-W- 8 ?c r Cell Phone: 7d-7 68/ ' -3 J How long a resident of Clearwater? Occupation: /` W7&I6 F4- [CE Field of Education: If retired, former occupation: Community Activities: ,r /?d/?-'S ,/i`?"?'L`?? j ?dfl''I ?3 ?Y- Other Interests: Board Service (current and past): Offi ddress: OFFICK RSCORDS AND "ISLAWE SRVCS OUT zip Telephone: E-mail Address: ployer: r /. U /V ?l/ G?/Li 2?fi7/Gc- Other Work Experience: --- a..n? v , B rd Preference: Additional Comments: Signed:: _ `. Date: See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 16 Attachment number 5 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 4. Why do you want to serve on this Board?,- .S r Name: c Board Name: Item # 16 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? F®-21-2097 17:31 From: To:5624086 Page: &tgchment number 6 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) RED Name:)A V 1 b ::S] S A Po L FEB 1 007 Home Address: atsny I3A%ks"bALy- C-r- C_Lr- A ew a:Eot , ;;?Lftiz.t,k Zip l i:2L/_ Office Address: OFFICK RECORDS AND LEGRAINE MM DEPr Zip Telephone:,& 727-?9 G - 6 /?_ Telephone: e, 717 - 2 - /7/.2 How long a resident of Clearwater? 3 L u je.? Occupation: r a Field of Education: Employer: Other Work Experience: If retired, former occupation:' rf_gjZ k,%A u+ C o 04S r& c,'r a ,y G o ?r.e..? M t ??' Community Activities: Ac.!;, T ;,J r4 war-1- s'-r y ZQ, A S. A '? i Rfe.a o? o ra Co wD o ASS o? ? ea Other Interests:-4;,s k i n? It c. QL it_Ac ' ,0 r Board Service (current and past): Board Preference: I VA ra c MART ar, Aw% ?o2 v 1?oA Ra ' Al WA/0 it, i PAL r A L n ?? #'oIl ! M Additional Comments: ?z z L `"?- G e v LD S L a v o w? Ei T'.[ rL.. e R D? MM i aG wo21c? i,J 'Tl.? c ew,? ..?v -f d? .p,u>s AS A f%w eT"- a wiv z.? Signed: Date: 7 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 16 FEB-21-2007 17:31 From: To:5624086 Page:464hment number 6 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? -2A-r• MArZ. r?'r . AhVi saau 1... ARC w 4 To .M akr QfC a ?.wF N1 AT,a,.1S pA aa?k f i??3 ?.nA2i WA Q12e1sLt,.?r? _ "e `rkz &-i`y• wAI-clZrvftS. 2. Have you ever observed aboard meeting either ih person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that yoti feel would qualify you to serve on this Board? aW wLL A . w?Ir Lae[ 2.."DC MID ALS a aw ?ce A beAr 41M ANY tfEARS. 4. Why do you want to serve on this Board? NtL .'M ??,s jS'I, 12 .&&S( Phe?LG_ I? ?sc.w?? ov/1 w A ra w I? S aJ .....t? a ... ,'? E i ?v {/ ,? ? T _ srNS Ac GpP.,I,^V•IV Name: b -7Z.IJAPoL,' Board Name: m p A? yi ? o A? Item # 16 Attachment number 7 Page 1 of 2 ICED CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA? 20 2008 (must be Clearwater resident) 0FFICAL CORDS AND Name: EQ%c. L GOSlAM05S K Home Address: I I ? ? s 9? 6'vlk Sr. CLt," wA-rfF-' k FL, zip 337.E Telephone: ( r7 14 q q 4 - 39 91 Cell Phone: ? I Z'J) 41 0 - 46a o How long a resident of Clearwater? YVS Occupation: FiS N e-jt of Office Address: 2S cA1AsF_wn^/ FL-Vb St,1 p S"Z Guoprgw Ft, zip 33'767 Telephone: 7Z? ` qc- 74 E-mail Address: es wed l 'f MJ ?• Employer: C?'^1a-? e_9)j,_, Field of Education: If retired, former occupation: Community Activities: Other Work Experience: Other Interests: Board Service (current and past): 041p ?j 6? t?b q I g 0 p/ ( ff r fw)( 8 ?Ejo 1t,.F f dux, 4,o tw (n o o? Additional Comments: AS a. -AJJs Board Preference: #Aoje Xd(SoAy II ?.e.. C. cj o o-d j'c'j ? 0_'V1V1S / bd0.-Y at-C-4 Irt'r Signed: Date: rr ?? See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 16 Attachment number 7 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? a Chi 1-,c, G? S?- t"i' ru__ic?.,? ? i ? ?y?-®`? i v-e. - ? ? l ?.k?( r Ss c,?e.s 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? DV-rr^- 1 e it, ?w,S r ?..?? ? R ?Q. h/?.o-fit rte T j ?Y 4. Why do you want to serve on this Board? kaAtc a c- ?r? {? a In ids AAP-e i PC - re,-? Name: SPA-Lk LD10? Board Name: Mft-P,106 OV1soRy Item # 16 Attachment number 8 Page 1 of 2 CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOP tp - ,` (must be Clearwater resident) Name: Home Address: JOHN FUNK 521 Mandalay Ave. Unit 402 Clearwater Beach, FI Zip33767 Telephone: 727-599-3864 t 3 OFFICIAL RECORDS ANN' Office Addreft*"6ISLATIVF SRVCS DEPT Same Cell Phone:599-38-64 E-mail Address:floridafunks@yahoo.com How long a resident of Clearwate 4 mos (active 5yrs.) Occupation: Real Estate Broker/ Developer Field of Education: 4 vears Business Administration Employer: Self Other Work Experience: 35 years Broker/Dev. If retired, former occupation: Community Activities: President Clearwater Beach Rotary President P.H. Bus. Networking Int. Other Interests: Boating and Kayaking Board Service (current and past): Board Preference: NA Marine Advisory Additional Comments:Active in the Clearwater area in business and community organizations and groups for 5 years. Signed: Date:3/12/09 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 16 Attachment number 8 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Acting in an advisory capacity to the City Council on Marine Matters submitted to our Board 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? -Served-4 years on a Planning commission.Have been a boater and kayaker for years 4. Why do you want to serve on this Board? Interested in serving the community with my abilityies and common sense. Name: John Fun Board Name Marine Advisory Item # 16 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/19/2009 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 Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 010-09600-530100-514-000 $10,000 10012008 to 09302009 Amount $10,000 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Budget Adjustment: No Annual Operating Cost: Total Cost: Appropriation Comment Bid Number: Bid Exceptions: Sole Source Cover Memo Item # 17 ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 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) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 2 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. Item # 18 Attachment number 1 Page 2 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 11 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 11 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. Item # 18 Attachment number 2 Page 1 of 2 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2008-09 REPORT General Fund Operating Budget ................. Utility Funds Operating Budget ................... Other Enterprise Funds Operating Budgets Internal Service Funds Operating Budgets. Capital Improvement Program Budget ....... Special Program Fund Budget .................... Special Development Funds ....................... Administrative Change Orders .................... Ordinances .................................................. First Quarter budgets were projected in the following manner: PAGE # ........ 3 ......13 ..... 17 ...... 21 ...... 24 ...... 41 ...... 50 ...... 53 ...... 55 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. Item # 18 Attachment number 2 Page 2 of 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. Item # 18 Attachment number 3 Page 1 of 3 City of Clearwater General Fund Revenues First Quarter Amendments FY 2008/09 Increase/(Decrease) Description Although property taxes exhibit an 18% negative variance at first quarter, this is primarily a timing difference in the actual receipts versus budgeted collections for the quarter. As of the end of January, 77% of budgeted revenues had been collected. At the same time in 2007/08, 78% of the year's total revenues had been collected. No amendment is proposed at this Property Taxes time. Franchise fees collections for the quarter are approximately 6% less than for the same period last year, and 7% less than anticipated for the year. No amendments are proposed at this time, but amendments will be proposed at mid year once further Franchise Fees data is available. Utility tax collections for the quarter are approximately 7% less than for the same period last year, and 7% less than anticipated for the year. No amendments are proposed at this time, but amendments will be proposed at mid year once further data is available. Utility Taxes Building permit revenue is approximately 19% less for the first four months of the fiscal year, than the same period of time in fiscal year 2007/08, 30% less than anticipated. No amendments are proposed at this time, but amendments will be proposed at mid year once Licenses & Permits further data is available. Intergovernmental Sales tax revenues for the quarter are approximately 9% less than for the same period last year, and 10% less than anticipated for the year. No amendments are proposed at this time, but amendments will be Sales Tax proposed at mid year once further data is available. The Communications Tax reflects a 46% positive variance at first quarter. This is primarily due to the one time distribution of almost $400,000 from the Department of Revenue correcting an error in previous year's receipts. The budget adjustment for this additional proceeds will be recognized in the mid year Communications Tax budget amendments. 3 Item # 18 Attachment number 3 Page 2 of 3 City of Clearwater General Fund Revenues First Quarter Amendments FY 2008109 Increase/(Decrease) Description The 11% negative variance in Other Intergovernmental Revenues is primarily a result of two items: 1) The first is merely a timing difference in the anticipated quarterly receipts from the Pinellas Library Cooperative which were estimated to be received in December but were not received until January. 2) The second is due to slower than anticipated receipts from Municipal Revenue Sharing. The state has notified the City to expect approximately $250,000 less than originally anticipated for the year. This amendment will Other Intergovernmental be recognized at mid year. Revenue amendments of $85,444 represent 1) $54,000 of revenues establishing the Royalty Theater operating budget and offsetting program expenditure increases in Parks and Recreation; 2) an increase of $21,450 representing a reimbursement from the Phillies for the property taxes on the Community Sports Complex; and 3) $9,994 for the reimbursement of SRO overtime offsetting program expenditure increases in Charges for Service 85,444 Police. Fines and forfeiture revenues for the quarter are approximately 22% less than anticipated at first quarter. This will be carefully monitored for possible Fines & Forfeitures amendment at mid year once further data is available. Revenue from interest earnings for the quarter is approximately 23% less than anticipated at first quarter. This will be carefully monitored for possible Interest Income amendment at mid year once further data is available. The 35% negative variance in this category is a timing difference in the posting of the capitalized labor revenue. The revenue amendment of $3,888.70 reflects the reimbursement of overtime supporting the U.S. Immigrations and Customs Enforcement program offsetting program expenditure increases in Police. Miscellaneous 3,889 4 Item # 18 Attachment number 3 Page 3 of 3 City of Clearwater General Fund Revenues First Quarter Amendments FY 2008/09 Increase/(Decrease) Description The 12% negative variance in this category is a timing difference in the posting of the receipt of the Gas System dividend to the General Fund. Budget amendments include: 1) An increase of $58,570 in the computed annual gas dividend payment to the General Fund; and 2) The budget reflects the return of General Fund revenues from Special Program project 181- 99843, Fire Management Training Initiatives, in the Interfund Charges/Transfers In 443,234 amount of $384,663.51 which will close the project. Transfer (to) from Surplus 1) An appropriation of $107,000 from retained earnings to Non-Departmental Program to provide funding for the Matrix Consulting Group contract 107,000 approved by the Council on November 18, 2008. 2) A transfer of $100,000 from retained earnings for project 315-96309, Clearwater Golf Course Acquisition, 100,000 as approved by the Council on October 15, 2008. 3) A transfer of $119,470 from retained earnings to special project 181-99274, Homeless Shelter, as 119,470 approved by the Council on December 18, 2008. 4) A transfer of $15,909.89 from retained earnings for Net Transfer ( to) from Retained Earnings 218,546 Net General Fund Revenue Amendment 751,113 project 181-99274, Homeless Shelter, was approved by 15,910 the Council on November 6, 2008. 5) An appropriation of $144,490 from retained earnings to the Fire Department to fund the IAFF Local 1158 contract for fiscal year 2007/2008 as approved by 144,490 the Council on November 6, 2008. 6) The additional revenue recognized at first quarter net of the budget reductions in the Marine and Aviation program result in the return of $268,324 to the General (268,324) Fund reserves. Item # 18 Attachment number 4 Page 1 of 6 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description This amendment decreases budgeted salary expenditures by $224 to reflect the department's required share of salary and SAMP savings approved by Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the General City Council (224) Fund. This amendment decreases budgeted salary expenditures by $16,200 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the City Manager (16,200) General Fund. This amendment decreases budgeted salary expenditures by $21,031 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the City Attorney's Office (21,031) General Fund. This amendment decreases budgeted salary expenditures by $2,103 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the City Audit (2,103) General Fund. This amendment decreases budgeted salary expenditures by $18,135 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual Development & General Fund programs and the net impact is zero across the Neighborhood Services (18,135) General Fund. Item # 18 Attachment number 4 Page 2 of 6 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description This amendment decreases budgeted salary expenditures by $7,856 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual Economic Development General Fund programs and the net impact is zero across the & Housing Services (7,856) General Fund. This amendment decreases budgeted salary expenditures by $25,427 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the General Fund. Engineering (25,427) This amendment decreases budgeted salary expenditures by $4,471 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the Equity Services (4,471) General Fund. This amendment decreases budgeted salary expenditures by $22,399 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the Finance (22,399) General Fund. Item # 18 Attachment number 4 Page 3 of 6 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description First quarter amendments for the Fire Department are as follows: 1) decrease budgeted salary expenditures by $89,666 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the General Fund. 2) In addition, the Fire Department reflects an increase of $144,490 for the IAFF Local 1158 contract for fiscal year 2007/2008 as approved by the Council on November 6, 2008; and 3) The budget reflects the return of funding from Special Program Project 181-99843, Management Training Incentives, to support current year fire training initiatives in the amount of Fire 236,984 $182,160. This amendment decreases budgeted salary expenditures by $7,578 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the Human Resources (7,578) General Fund. This amendment decreases budgeted salary expenditures by $16,562 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the General Fund. Library (16,562) First quarter amendments reflect decreases in budgeted salary expenditures by $2,002 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non- Departmental Program to individual General Fund programs and the net impact is zero across the General Fund. Other line item decreases in the Beach Guard and Pier 60 Operations totaling $7,250 result in a net budget decrease of $9,252. Marine & Aviation (9,252) 8 Item # 18 Attachment number 4 Page 4 of 6 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description This amendment decreases budgeted salary expenditures by $3,353 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual Office of Management General Fund programs and the net impact is zero across the and Budget (3,353) General Fund. This amendment decreases budgeted salary expenditures by $6,629 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual Official Records and General Fund programs and the net impact is zero across the Legislative Services (6,629) General Fund. First quarter amendments for the Parks and Recreation Department are as follows: 1)This amendment decreases budgeted salary expenditures by $46,928 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the General Fund; 2) Operating savings of $14,288 is transferred to capital improvement project 315-93269, Light Replacement, to support this project. The net impact to the operating budget is $0; 3) Operating savings of $20,000 is transferred to capital improvement project 315-93205, Community Sports Complex to provide funding for unexpected expenditures correcting retention pond construction. The net impact to the operating budget is $0; 4) A budget increase of $21,450 for the property taxes on the Community Sports Complex. A revenue amendment reflecting revenue from the Phillies will offset this cost increase. 5) A budget increase of $54,000 establishes an operating budget for Royalty Theater in the amount of $54,000; 6) Operating savings of $24,115.50 is transferred to capital improvement project 315-93609, Clearwater Golf Course to cover the closing costs of the purchase. The net impact to the operating budget is $0; 6) The final amendment is the transfer of operating savings of $59,720 to capital improvement project 315-93615, Aging Well Center as approved by the City Council on 2/19/09. Again, the net impact to the operating budget is $0 Parks & Recreation 28,522 9 Item # 18 Attachment number 4 Page 5 of 6 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 Planning Increase/ (Decrease) (10,673) Description This amendment decreases budgeted salary expenditures by $10,673 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the General Fund. A second amendment reflects the transfer of $59,720 of operating savings to capital project 315-93615, Aging Well Center, as approved by the City Council on 2/19/09. Police First quarter amendments reflect decreases in budgeted salary expenditures by $131,270 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non- Departmental Program to individual General Fund programs and the net impact is zero across the General Fund. Amendments also include an increase to overtime by $13,883.02 which are offset by revenue amendments recognizing the reimbursements received for SRO overtime and reimbursements received for overtime from ICE (The (117,387) Department of Treasury). Public Communications This amendment decreases budgeted salary expenditures by $9,267 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the (9,267) General Fund. Public Services This amendment decreases budgeted salary expenditures by $14,264 to reflect the department's required share of salary and SAMP savings approved by City Council at the final budget hearing on September 18, 2008. The amendment reallocates savings from the Non-Departmental Program to individual General Fund programs and the net impact is zero across the (14,264) General Fund. 10 Item # 18 Attachment number 4 Page 6 of 6 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description Non-Departmental A budget increase of $456,038 to the Non-Departmental program reflects the allocation of salary savings approved by the City Council at the final budget hearing on September 18, 2008, which provided a 0.5% salary savings and exclusion of SAMP 4-6 merit increases to all General Fund Departments. Due to the timing of the City Council action, the decrease was reflected in the Non-Departmental program and is now being allocated to the appropriate General Fund departments. The 456,038 net impact is zero across the General Fund. A transfer of $107,000 of General Fund unappropriated retained earnings to the Non-Departmental Program was approved by the Council on November 18, 2008 to provide funding for the Matrix Consulting Group contract to perform an 107,000 efficiency review of Clearwater Police Department. The budget amendment also reflects City Council approved interfund transfers of $235,379.89 to Capital Improvement and 235,380 Special Program projects, as follows: 1) A transfer of $100,000 of General Fund unappropriated retained earnings for project 315-96309, Clearwater Golf Course Acquisition, was approved by the Council on October 15, 2008 to provide the balance of the purchase contract between the City and Clearwater Country Club Management, Inc. 2) A transfer of $119,470 of General Fund unappropriated retained earnings to special project 181-99274, Homeless Shelter, was approved by the Council on December 18, 2008 to provide funding for this program. 3) A transfer of $15,909.89 of General Fund unappropriated retained earnings for project 181-99274, Homeless Shelter, was approved by the Council on November 6, 2008 to allocate the funding received last year from the Clearwater Housing Authority to the Clearwater Homeless Intervention Project. 798,418 Net General Fund Expenditure Amendment 751,113 11 Item # 18 Attachment number 5 Page 1 of 1 GENERALFUND FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 2008/09 First First 2008/09 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERALFUND GENERAL FUND REVENUES Property Taxes 43,461,390 27,230,000 22,288,054 (4,941,946) -18% 0 43,461,390 Franchise Fees 9,819,270 1,686,479 1,576,280 (110,199) -7% 0 9,819,270 Utility Taxes 12,030,350 2,251,467 2,099,974 (151,493) -7% 0 12,030,350 Licenses, Permits & Fees 4,242,500 1,323,125 1,194,148 (128,977) -10% 0 4,242,500 Intergovernmental Sales Tax 5,800,000 966,666 868,300 (98,366) -10% 0 5,800,000 Communications Services Tax 6,286,500 1,047,750 1,527,691 479,941 46% 0 6,286,500 Other Intergovernmental 12,357,120 2,395,084 2,122,737 (272,347) -11% 0 12,357,120 Charges for Services 4,151,420 781,453 668,250 (113,203) -14% 85,444 4,236,864 Fines & Forfeitures 902,300 210,993 163,777 (47,216) -22% 0 902,300 Interest Income 1,364,000 341,000 261,364 (79,636) -23% 0 1,364,000 Miscellaneous Revenues 939,950 209,895 136,958 (72,937) -35% 3,889 943,839 Interfund Charges/ Transfers In 17,445,130 4,361,293 3,851,565 (509,728) -12% 443,234 17,888,364 OPERATING REVENUES 118,799,930 42,805,205 36,759,098 (6,046,107) -14% 532,567 119,332,497 Transfer (to) from Surplus 2,300,000 - 0 0 n/a 218,546 2,518,546 TOTAL REVENUES 121,099,930 42,805,205 36,759,098 (6,046,107) -14% 751,113 121,851,043 GENERAL FUND EXPENDITURES City Council 288,390 82,153 76,509 5,644 7% (224) 288,166 City Manager's Office 1,166,210 313,940 372,770 (58,830) -19% (16,200) 1,150,010 City Attorney's Office 1,688,790 452,517 365,610 86,907 19% (21,031) 1,667,759 City Auditor's Office 175,520 51,037 50,127 910 2% (2,103) 173,417 Development & Neighborhood Svcs 4,109,720 1,173,231 1,132,843 40,388 3% (18,135) 4,091,585 Economic Development & Housing 1,389,940 371,112 553,794 (182,682) -49% (7,856) 1,382,084 Engineering 7,283,880 2,139,322 1,822,699 316,623 15% (25,427) 7,258,453 Equity Services 284,010 74,820 68,380 6,440 9% (4,471) 279,539 Finance 2,265,030 639,913 582,950 56,963 9% (22,399) 2,242,631 Fire 21,258,430 6,343,866 6,187,026 156,840 2% 236,984 21,495,414 Human Resources 1,212,180 333,170 272,704 60,466 18% (7,578) 1,204,602 Library 6,065,270 2,182,885 2,126,068 56,817 3% (16,562) 6,048,708 Marine & Aviation 1,248,600 358,207 325,666 32,541 9% (9,252) 1,239,348 Non-Departmental 7,048,000 4,811,749 4,827,673 (15,924) 0% 798,418 7,846,418 Office of Management & Budget 297,690 86,487 71,249 15,238 18% (3,353) 294,337 Official Records & Legislative Svcs 1,180,430 324,378 312,723 11,655 4% (6,629) 1,173,801 Parks & Recreation 21,123,800 6,561,547 5,783,268 778,279 12% 28,522 21,152,322 Planning 1,429,290 407,103 354,611 52,492 13% (10,673) 1,418,617 Police 36,949,610 10,397,010 10,413,265 (16,255) 0% (117,387) 36,832,223 Public Communications 1,088,580 298,980 271,211 27,769 9% (9,267) 1,079,313 Public Services 3,546,560 976,425 915,289 61,136 6% (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 12 Item # 18 Attachment number 6 Page 1 of 2 City of Clearwater Utility Funds First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description Water & Sewer Fund Revenues: Expenditures: At first quarter, anticipated revenues of the Water & Sewer Fund equal anticipated expenditures for FY 2008/09. No amendments are proposed at first quarter. No amendments are proposed at first quarter. At first quarter, anticipated revenues of the Stormwater Fund Stormwater Fund equal anticipated expenditures for FY 2008/09. First quarter revenue amendments reflect an increase of $25,417.59 of unappropriated retained earnings representing interest earnings on debt service funds, which are allocated to capital project 315-96124, Storm Pipe System Improvements as Revenues: 25,418 noted below. First quarter expenditure amendments recognize the appropriation of retained earnings to capital project 315-96124, Expenditures: 25,418 Storm Pipe System Improvements in the amount of $25,417.59. At first quarter, anticipated revenues of the Gas Fund exceed Gas Fund anticipated expenditures by $6,752,210 for FY 2008/09. First quarter amendments to Gas Fund revenues reflect an increase of $58,570, representing the use of undesignated reserves, to fund the computed annual dividend payment to the Revenues: 58,570 General Fund. At first quarter, Gas Fund expenditure amendments merely reflect line item changes within program budgets. The net change Expenditures: 0 to Gas Fund expenditures is $0. At first quarter, anticipated revenues of the Solid Waste Fund Solid Waste Fund exceed anticipated expenditures by $ 15,500 for FY 2008/09. First quarter amendments reflect a decrease in anticipated collection charges. The slowdown in the economy has resulted in a reduction of revenue and the level of service from roll-off and commercial operations. Collection charges revenue is being decreased to cover the first quarter impact. The net amendment to Solid Waste revenues is an decrease of $47,000 at first Revenues: (47,000) quarter. Expenditure amendments at first quarter are in conjunction with the reduction in the commercial customer's level of service. Savings in dump fee expense are used to offset the revenue decrease. The net amendment to Solid Waste expenditures is a Expenditures: (47,000) decrease of $47,000 at first quarter. 13 Item # 18 Attachment number 6 Page 2 of 2 City of Clearwater Utility Funds First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description At first quarter, anticipated revenues of the Recyclinq Fund Recycling Fund exceed anticipated expenditures by $149 for FY 2008/09. 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. Revenues: (183,861) Third quarter expenditure amendments in Recycling reflect a net decrease of $184,000 made to offset the revenue reductions. Inventory Purchases for Resale are being decreased by $144,000 due to the drop in market prices, Advertising is being decreased by $5,000, Personal Services are being decreased $15,000 due to un-filled positions and Garage Service charges are being Expenditures (184,000) decreased $20,000 due to savings in fuel cost. 14 Item # 18 Attachment number 7 Page 1 of 2 UTILITY FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 2008/09 First First 2008/09 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 55,521,020 13,880,253 13,182,874 (697,379) -5% 55,521,020 Non-Operating Revenue 2,772,160 693,042 353,961 (339,081) -49% 2,772,160 Contributions 220,310 55,077 97,345 42,268 77% 220,310 Transfers In - - 0 - n/a - Use of Fund Equity 2,096,370 - 0 n/a 2,096,370 Total Revenues 60,609,860 14,628,372 13,634,180 (994,192) -7% 60,609,860 Water & Sewer Fund Expenditures Public Utilities Administration 875,510 233,068 205,183 27,885 12% 875,510 Wastewater Collection 5,329,020 1,960,514 1,906,774 53,740 3% 5,329,020 Public Utilities Maintenance 2,770,750 743,507 615,672 127,835 17% 2,770,750 WPC/Plant Operations 11,454,490 3,371,595 3,080,779 290,816 9% 11,454,490 WPC/Laboratory Operations 1,291,810 343,796 323,784 20,012 6% 1,291,810 WPC/ Industrial Pretreatment 785,560 210,877 186,798 24,079 11% 785,560 Water Distribution 11,478,335 6,081,519 5,981,917 99,602 2% 11,478,335 Water Supply 12,768,995 3,220,959 2,926,785 294,174 9% 12,768,995 Reclaimed Water 2,000,350 535,674 512,621 23,054 4% 2,000,350 Non-Departmental 11,855,040 2,963,760 2,745,924 217,836 7% 11,855,040 Total Expenditures 60,609,860 19,665,269 18,486,235 1,179,034 6% 60,609,860 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 13,255,620 3,313,908 3,338,509 24,601 1% 13,255,620 Non-Operating Revenues 470,720 117,679 98,862 (18,817) -16% 470,720 Transfers In - - 0 n/a - - Use of Fund Equity 74,120 - 0 - n/a 25,418 99,538 Total Revenues 13,800,460 3,431,587 3,437,371 5,784 0% 25,418 13,825,878 Stormwater Utility Expenditures Stormwater Management 5,062,550 1,292,986 1,109,808 183,178 14% - 5,062,550 Stormwater Maintenance 8,737,910 4,734,673 4,613,450 121,223 3% 25,418 8,763,328 Total Expenditures 13,800,460 6,027,659 5,723,258 304,401 5% 25,418 13,825,878 GAS FUND Gas Fund Revenues Operating Revenues 42,331,400 10,582,854 9,915,159 (667,695) -6% 42,331,400 Non-Operating Revenues 846,740 211,690 256,106 44,416 21% 846,740 Transfers In - - 0 - n/a - Capitalized Labor 450,000 112,500 63,884 (48,616) -43% - 450,000 Use of Fund Equity 1,600,000 - 0 n/a 58,570 1,658,570 Total Revenues 45,228,140 10,907,044 10,235,149 (671,895) -6% 58,570 45,286,710 Gas Fund Expenditures Administration & Supply 28,582,640 5,255,861 4,631,561 624,300 12% 55,170 28,637,810 South Area Gas Operations 4,152,730 1,292,363 1,263,260 29,103 2% 28,690 4,181,420 North Area Gas Operations 3,142,090 1,683,854 1,588,894 94,960 6% 9,200 3,151,290 Marketing & Sales 2,657,040 774,112 593,409 180,703 23% (93,060) 2,563,980 Total Expenditures 38,534,500 9,006,190 8,077,125 929,065 10% 38,534,500 15 Item # 18 Attachment number 7 Page 2 of 2 UTILITY FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 2008/09 First First 2008/09 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND Solid Waste Revenues Operating Revenue 17,948,000 4,487,001 4,464,448 (22,553) -1% (47,000) 17,901,000 Non-Operating Revenue 561,300 140,323 201,914 61,591 44% 561,300 Transfers In 241,950 60,489 60,489 - 0% 241,950 Use of Fund Equity - - 0 - - - Total Revenues 18,751,250 4,687,813 4,726,851 39,038 1% (47,000) 18,704,250 Solid Waste Expenditures Collection 15,590,210 4,339,720 3,717,138 622,582 14% (47,000) 15,543,210 Transfer 1,381,380 373,067 347,083 25,984 7% 1,381,380 Container Maintenance 747,070 204,735 197,675 7,060 3% 747,070 Administration 1,017,090 270,675 250,585 20,090 7% 1,017,090 Total Expenditures 18,735,750 5,188,197 4,512,481 675,716 13% (47,000) 18,688,750 RECYCLING FUND Recycling Revenues Operating Revenue 3,046,850 756,397 616,742 (139,655) -18% (183,861) 2,862,989 Non-Operating Revenue 164,100 41,025 48,541 7,516 18% 164,100 Total Revenues 3,210,950 797,422 665,283 (132,139) -17% (183,861) 3,027,089 Recycling Expenditures Residential 1,022,480 274,459 265,020 9,439 3% (22,000) 1,000,480 Multi-Family 506,580 134,304 126,334 7,970 6% (3,000) 503,580 Commercial 1,681,880 439,163 316,434 122,729 28% (159,000) 1,522,880 Total Expenditures 3,210,940 847,926 707,788 140,138 17% (184,000) 3,026,940 16 Item # 18 Attachment number 8 Page 1 of 2 City of Clearwater Other Enterprise Funds First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description Anticipated revenues of the Marine Fund exceed anticipated Marina Fund expenditures by $ 95,860 at first quarter FY 2008/09. First quarter amendments reflect a $175,000 decrease in slip rental revenues and a $28,000 decrease in building rental revenues. This is due to the economic conditions combined with rate increases for recreation boat slips which resulted in dozens of slips being turned back to the city. Revenues: (203,000) At first quarter, budget amendments reflect a net decrease of $66,200 in various line items and a $230,000 decrease in transfers to support certain capital improvement projects. This is necessary to offset the loss of revenues anticipated for the Expenditures: (296,200) year. Anticipated revenues of the Airpark Fund exceed anticipated Airpark Fund expenditures by $37,990 at first quarter FY 2008/09. At first quarter budget amendments reflect a budget decrease Revenues: (3,000) of $3,000 in anticipated sales of fuel. First quarter expenditure amendments reflect a decrease in contractual services costs and other line items resulting in a net Expenditures: (5,300) decrease of $5,300. At first quarter, anticipated revenues of the Parking Fund exceed anticipated expenditures by $1,141,790 for FY 2008/09. Parking Fund 1) First quarter revenue amendments reflect an increase of $245,280 in parking revenues from the Salt Block 57 lot based upon the lease of additional temporary spaces approved by Council on September 4, 2008. 2) A second amendment reflects an increase of $315,840 in parking revenues from the Patel Parking lot as approved by Council on December 18, Revenues: 561,120 2008. 17 Item # 18 Attachment number 8 Page 2 of 2 City of Clearwater Other Enterprise Funds First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description First quarter expenditure amendments reflect a net increase of $279,420 to the Parking fund which is offset by related parking revenues. 1) A transfer of $21,000 from the Parking Fund reserves to fund one (1.0) additional FTE Police Aide position was approved by the Council on November 6, 2008 to assist with traffic related issues at the temporary Beach Walk parking lots along Coronado Drive. 2) Increased rental costs of $105,120 for additional parking spaces at Salt Block 57 approved by Council on September 4th, 2008. 3) Increased rental costs of $14,700 for payments to Cotel Inc. for temporary parking spaces on the beach approved by Council on September 18, 2008. 4) Increased rentals costs of $135,360 for additional parking spaces at the Patel parking lot. 5) Increased operating costs of $3,240 for monthly communication fees for the additional temporary parking spaces at the Patel lot Expenditures: 279,420 approved by Council on December 18, 2008. Anticipated revenues of the Harborview Fund equal anticipated Harborview Fund expenditures at first quarter FY 2008/09. No amendments are proposed to Harborview Fund revenues Revenues: at first quarter. No budget amendments are proposed at first quarter. The 97% negative variance is strictly a timing variance in the Expenditures: payment for contract services. 18 Item # 18 Attachment number 9 Page 1 of 2 ENTERPRISE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 2008/09 First First 2008/09 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance % Amendment Budget MARINE FUND MARINE FUND REVENUES Operating Revenues 5,195,110 1,288,875 898,227 (390,648) -30% (203,000) 4,992,110 Non-Operating Revenues 155,980 38,995 34,226 (4,769) -12% 155,980 Transfers In 0 0 0 n/a - Use of Fund Equity 0 0 0 n/a - TOTAL REVENUES 5,351,090 1,327,870 932,453 (395,417) -30% (203,000) 5,148,090 MARINE FUND EXPENDITURES Marina Operations 5,348,430 1,582,309 1,245,845 336,464 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 Revenues 220,000 54,999 54,679 (320) _1% 220,000 Non-Operating Revenues 22,000 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 Operations 206,310 61,247 56,570 4,677 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 Revenues 4,219,470 814,206 796,684 (17,522) -2% 561,120 4,780,590 Non-Operating Revenues 604,000 150,999 175,590 24,591 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 3,113,380 967,237 870,055 97,182 10% 279,420 3,392,800 Public Wks / Parking Enforcement 850,000 137,308 107,570 29,738 22% - 850,000 TOTAL EXPENDITURES 3,963,380 1,104,545 977,625 126,920 11% 279,420 4,242,800 19 Item # 18 Attachment number 9 Page 2 of 2 ENTERPRISE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 2008/09 First First 2008/09 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance % Amendment Budget HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues 190,000 47,499 47,256 (243) _1% 190,000 Non-operating Revenues 195,000 48,750 103,262 54,512 112% 195,000 Transfers In 340,170 340,170 340,170 - - 340,170 TOTAL REVENUES 725,170 436,419 490,688 54,269 12% 725,170 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 725,170 256,294 504,599 (248,305) -97% 725,170 TOTAL EXPENDITURES 725,170 256,294 504,599 (248,305) .97% 725,170 20 Item # 18 Attachment number 10 Page 1 of 1 City of Clearwater Internal Service Funds First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description General Services Revenues: Expenditures: At first quarter, anticipated revenues of the General Services Fund equal anticipated expenditures FY 2008/09. 0 No amendments are proposed at first quarter. 0 No amendments are proposed at first quarter. At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $21,850 for FY 2008/09. Administrative Services Revenues: 0 No amendments are proposed at first quarter. Expenditures: 0 No amendments are proposed at first quarter. At first quarter, anticipated revenues of the Garage Fund equal Garage Fund anticipated expenditures for FY 2008/09. Revenues: 0 No amendments are proposed at first quarter. First quarter expenditure amendments in the Garage Fund reflect a net decrease of $96,100 which is directly attributable to savings in fuel costs. Of this savings, $41,300 funds the replacement of the fuel dispensing system, and offsets small increase in other budget line items. In addition, $45,000 will provide for a budget increase to the budgeted line item to fund the capital improvement projects for air conditioner replacements and painting approved in the 2008/09 Capital Improvement Budget. This transfer was not budgeted in error in the adopted operating budget of the Garage Fund. The net budget amendment to the Garage Fund expenditures is $0. Expenditures: 0 At first quarter, anticipated revenues of the Central Insurance Fund Central Insurance exceed anticipated expenditures by $1,355,220 for FY 2008/09. First quarter amendments include the allocation of $300,000 of Central Insurance Fund reserves to support the Cigna health insurance contract as approved by the Council on October 15, 2008. Another amendment includes a transfer of $1,622,925 from the Central Insurance Fund reserves for project 315-92275, Downtown Streetscape - Phase II which was approved by the Council on November 6, 2008 to fund the balance of the funding for the next phase of the Cleveland Streetscape project. Funds will be replaced by the CRA funds as they become available over the next two to Revenues: 1,922,925 three fiscal years. First quarter amendments an increase of $300,000 to fund the Cigna health insurance contract as approved by the Council on October 15, 2008. Another amendment includes a transfer of $1,622,925 from the Central Insurance Fund reserves for project 315-92275, Downtown Streetscape - Phase II which was approved by the Council on November 6, 2008 to fund the balance of the funding for the next phase of the Cleveland Streetscape project. Funds will be replaced by the CRA funds as they become available over the next Expenditures: 1,922,925 two to three fiscal years. 21 Item # 18 Attachment number 11 Page 1 of 2 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 2008/09 First First 2008/09 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments 5,212,910 1,303,227 1,309,133 5,906 0% 0 5,212,910 Non-Operating Revenue 35,000 8,750 10,716 1,966 22% 0 35,000 Transfers In - - 0 - n/a 0 - Fund Reserves - - 0 - n/a 0 - 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 80,852 4,463 5% 0 316,010 Building & Maintenance 4,931,900 1,335,682 1,222,575 113,107 8% 0 4,931,900 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 Revenue 9,509,930 2,377,482 2,342,624 (34,858) _1% 0 9,509,930 Non-Operating Revenue 205,000 51,250 61,409 10,159 20% 0 205,000 Transfers In - - 0 - n/a 0 - Fund Reserves - - 0 n/a 0 - TOTAL REVENUES 9,714,930 2,428,732 2,404,033 (24,699) -1% 0 9,714,930 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology/ Admin 379,030 106,236 98,858 7,378 7% 0 379,030 Information Tech / Network Svcs 2,317,000 612,756 476,783 135,973 22% 0 2,317,000 Info Tech / Software Applications 1,916,700 623,048 580,203 42,845 7% 0 1,916,700 Info Tech / Telecommunications 1,067,530 270,734 246,901 23,833 9% 0 1,067,530 Public Comm / Courier 173,990 44,504 49,651 (5,147) -12% 0 173,990 Public Comm/Graphics 431,160 117,304 102,042 15,262 13% 0 431,160 Clearwater Customer Service 3,407,670 1,021,860 935,928 85,932 8% 0 3,407,670 TOTAL EXPENDITURES 9,693,080 2,796,442 2,490,365 306,077 11% 0 9,693,080 GARAGEFUND GARAGE FUND REVENUES Billings to Departments 13,168,280 3,292,068 3,001,519 (290,549) -9% 0 13,168,280 Non-Operating Revenue 685,300 131,326 83,575 (47,751) -36% 0 685,300 Transfers In - - 0 n/a 0 - Fund Reserves - - 0 n/a 0 - 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 2,953,504 511,356 15% (180) 13,201,890 Radio Communications 651,510 167,280 86,965 80,315 48% 180 651,690 TOTAL EXPENDITURES 13,853,580 3,632,140 3,040,468 591,672 16% 0 13,853,580 22 Item # 18 Attachment number 11 Page 2 of 2 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2008 - December 31, 2008 2008/09 First First 2008/09 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 18,211,640 4,552,908 5,365,504 812,596 18% 0 18,211,640 Non-Operating Revenue 1,675,000 418,750 384,893 (33,857) -8% 0 1,675,000 Transfers In 183,270 160,770 11,000 (149,770) -93% 0 183,270 Fund Reserves - - 0 - n/a 1,922,925 1,922,925 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 Management 414,490 188,753 106,281 82,472 44% 0 414,490 Human Resources/ Employee Benefits 322,460 88,865 89,330 (465) _1% 0 322,460 Non-Departmental 17,977,740 4,494,432 5,692,072 (1,197,640) -27% 1,922,925 19,900,665 TOTAL EXPENDITURES 18,714,690 4,772,050 5,887,683 (1,115,633) -23% 1,922,925 20,637,615 23 Item # 18 Attachment number 12 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Summary FY 2008/09 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 24 Item # 18 Attachment number 13 Page 1 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/08 Amdmts Budaet To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91147 Police Computer Network - II 646,028 646,028 275,994 370,034 Sub-Total 646,028 - 646,028 275,994 370,034 Fire Protection 91221 EMS Capital Equipment 1,037,316 1,037,316 1,020,984 11,639 4,693 91226 Vehicular Support 505,509 505,509 451,087 - 54,422 91229 Replace & Upgrade Airpacks 802,000 802,000 526,186 8,654 267,160 91236 Rescue Vehicle 447,560 15,407 462,967 462,967 - - 91242 Fire Training Facility 4,915,000 4,915,000 4,317,652 483,931 113,417 91247 Traffic Pre-Emption 180,000 180,000 29,548 - 150,452 91252 Station 48 Renovation/Expansion 651,500 651,500 123,242 11,912 516,346 91253 Main Station (Fire) 3,000,000 3,000,000 81,549 - 2,918,451 91255 Exhaust Systems 155,480 155,480 - 155,480 91256 Security Access Systems 90,380 90,380 37,647 52,733 91257 AED Program 60,500 60,500 35,585 1,645 23,270 91258 Ladder Truck Equipment 150,000 150,000 82,966 - 67,034 91259 Radio Replacements 150,000 150,000 68,541 7,104 74,355 91260 Thermal Imaging Cameras 20,000 20,000 19,978 - 22 91261 Personal Protection Equipment 456,000 456,000 248,271 207,729 91262 SCBA Upgrades-Fill Station 73,900 73,900 73,500 400 91263 Extrication Tools 56,000 56,000 51,471 4,529 91264 Fire Hose Replacement 25,000 25,000 - 25,000 Sub-Total 12,776,145 15,407 12,791,552 7,631,174 524,884 4,635,493 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,362,191 4,362,191 1,453,205 166,018 2,742,969 Sub-Total 4,362,191 - 4,362,191 1,453,205 166,018 2,742,969 Major Street Maintenance 92259 Traffic Calming 12,487,941 12,487,941 4,745,820 2,447,467 5,294,654 92267 Beach Walk 31,533,448 23,678 31,557,126 29,905,651 1,488,467 163,008 92268 Bluff to Beach Guideway 140,000 140,000 90,000 - 50,000 92269 Downtown Streetscape 11,146,370 (1,217,629) 9,928,741 9,928,741 - C 92270 Gulf to Bay/ Highland Improvement 1,500,000 1,500,000 340 - 1,499,660 92273 Streets and Sidewalks 9,111,743 12,000 9,123,743 1,316,330 3,295 7,804,118 92274 Bridge Maintenance & Improvements 949,820 949,820 186,188 4,346 759,286 92275 Downtown Streetscape- Phase II - 2,626,764 2,626,764 - - 2,626,764 Sub-Total 66,869,322 1,444,813 68,314,135 46,173,070 3,943,575 18,197,489 Sidewalks and Bike Trail 92339 New Sidewalks 550,849 550,849 468,500 - 82,349 92340 Clw Bch West Bridge Connector 4,967,276 (569,191) 4,398,086 4,398,086 - - C 92342 Beach Connector Trail 1,556,390 1,556,390 250,518 62,190 1,243,682 Sub-Total 7,074,515 (569,191) 6,505,324 5,117,104 62,190 1,326,031 Intersections 92551 City-Wide Intersection Improvement 965,778 5,070 970,848 441,009 - 529,838 92552 Signal Renovation 1,110,698 1,110,698 962,465 53,690 94,543 92553 New Signal Installation 881,789 881,789 728,836 71,235 81,718 92558 Intersection Improvements-11 2,085,742 2,085,742 781,719 513,318 790,705 Sub-Total 5,044,007 5,070 5,049,077 2,914,029 638,243 1,496,804 Item # 18 35 Attachment number 13 Page 2 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Description Budget 10/1/08 Amdmts Revised Budget Actual Expenditures Project Open To Date Encumbran Available Balance Amend Status Ref Parking 92630 Parking Lot Resurfacing 1,561,603 (200,000) 1,361,603 593,285 768,317 8 92632 Parking Garage Structure Repair 1,368,432 1,368,432 688,954 679,477 92636 Parking Lot Improvement 1,297,627 200,000 1,497,627 982,027 143,537 372,063 9 92641 Seashell Parking Lot 6,000,000 6,000,000 - - 6,000,000 92646 Station Square Parking 1,300,000 1,300,000 - - 1,300,000 Sub-Total 11,527,661 - 11,527,661 2,264,266 143,537 9,119,858 Miscellaneous Engineering 92820 Memorial Causeway Br Replace 37,258,665 37,258,665 36,938,821 59,025 260,818 92822 Miscellaneous Engineering 469,025 469,025 267,194 - 201,832 92838 Variable Message Boards 80,000 80,000 - 53,750 26,250 Sub-Total 37,807,690 37,807,690 37,206,015 112,775 488,900 LEISURE Land Acquisition Sub-Total - - - - - Park Development 93203 Carpenter Field-Infras Rep/Improve 180,000 180,000 75,044 104,956 93204 Concrete Sidewalk & Pad Repair 477,913 25,000 502,913 472,157 30,755 10 93205 Corn Sprts Cmp Infr Rep/Improve 325,822 20,000 345,822 239,726 50,901 55,195 11 93213 Park Amenity Purch & Rplcmnt 809,942 809,942 718,777 15,868 75,297 93229 Tennis Court Resurfacing 621,582 621,582 501,377 24,960 95,246 93230 Playgrd & 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 93247 Fitness Equipment Replacement 100,000 100,000 52,909 2,665 44,426 93248 National Guard Armory Renovation 850,140 850,140 802,290 47,847 3 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 40,633 2,070 3,092,297 93255 Park&Beau Maint Bldg 100,000 (5,673) 94,327 94,327 - - C 12 93256 C/S Comm Pk Bldg 425,000 (9,712) 415,288 415,288 - - C 13 93257 Joe D Sports Complex Demo 296,000 296,000 295,560 342 98 93262 Fencing Replacement Program 1,117,555 1,117,555 969,674 - 147,881 93263 Public Art Maintenance 1,498 1,498 - - 1,498 93264 Enterprise Road Dog Park 468,905 468,905 89,043 14,294 365,568 93265 Beach Library/Rec Ctr Renovations 810,873 810,873 582,954 223,156 4,763 93269 Light Replacement 1,676,676 24,000 1,700,677 1,526,999 8,400 165,278 14 93271 Swimming Pool R&R 414,400 414,400 235,908 499 177,993 93272 Bike Paths/Bridges 2,250,000 2,250,000 1,080,267 28,780 1,140,953 93273 Restrooms on Clearwater Beach 588,000 588,000 31 57,320 530,649 93277 Harborview Infra Rep/Impr 635,451 635,451 379,095 - 256,357 93278 Long Center Infra Repairs 368,708 368,708 300,688 3,600 64,420 93286 Parking Lot/Bike Path Rsr/Imprv 436,943 (25,000) 411,943 313,073 16,035 82,835 15 93601 Lake Chaut Equest & Nat Preserve 6,000,000 (2,305,000) 3,695,000 15,792 - 3,679,208 21 93602 Sp Events Equip Rep & Rplcmnt 60,000 60,000 28,929 31,071 93603 Forklift 34,000 (8,701) 25,299 25,299 - C 22 93604 Brdwlks & Docks Rep & Rplcmnt 125,000 125,000 26,475 98,525 93605 Ross Norton Park Improvements 200,000 200,000 177,143 - 22,857 93606 Carpenter Complex Clubhouse Ren 3,000,000 3,000,000 237,048 50,270 2,712,683 93607 P&R Cust Mgmt & Fac Sch Sys 60,000 60,000 - 60,000 - 93608 Misc Minor Public Art 10,553 10,553 - - 10,553 93609 Clearwater Golf Course Acquisition 2,025,000 124,116 2,149,116 2,125,000 24,116 23 93610 Bulldozer 205,000 (205,000) - - - - C 24 93611 Multi Terrain Loader 58,000 (812) 57,188 57,188 - C 25 93612 McMullen Tennis Complex 400,000 400,000 - 400,000 93614 Royalty Theater Acquisition - 2,650,000 2,650,000 2,354,868 295,132 26 93615 Aging Well Center - 1,029,720 1,029,720 - 1,029,720 27 Sub-Total 30,648,171 1,312,937 31,961,108 16,376,350 680,901 14,903,857 Item # 18 36 Attachment number 13 Page 3 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/08 Amdmts Budget To Date Encumbran Balance Status Ref Marine Facilities 93402 Bayfront Promenade 1,377,227 1,377,227 815,285 561,943 - 93403 Beach Guard Facility Maint 40,000 40,000 14,083 - 25,917 93405 Downtown Boat Slips 13,522,893 13,522,893 1,300,266 10,165,042 2,057,584 93407 Sailing Center Expansion 400,000 (1,638) 398,362 313,467 84,895 - C 16 93408 Bch Rec Ctr Boat Ramp Rplcmnt 700,000 700,000 116,293 35,000 548,707 93409 Marina Renovations 140,000 (140,000) - - - - 17 93413 Utilities/Services Replace 393,966 393,966 378,582 15,385 93429 Dock Replacement & Repair 349,040 349,040 302,358 46,682 93490 Fuel System R&R 154,792 (40,000) 114,792 56,522 58,270 18 93495 Dock Construction 39,750 39,750 16,408 23,342 93496 Marine Fac Dredge/Maint 626,781 (50,000) 576,781 520,011 - 56,770 19 93497 Docks & Seawalls 586,085 586,085 121,641 2,496 461,948 93499 Pier 60/Sailing Center Maint 150,313 1,638 151,952 134,272 7,199 10,481 20 Sub-Total 18,480,848 (230,000) 18,250,848 4,089,188 10,856,575 3,305,087 Airpark 94817 Airpark Maint & Repair 80,000 80,000 66,451 38 13,511 94846 FBO Bldg Improvements 425,000 425,000 170,489 17 254,494 Sub-Total 505,000 - 505,000 236,940 55 268,005 Libraries 93527 Books & Other Lib Mat - II 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 94230 Fleet Asset Mgmt Sys 250,702 250,702 237,552 12,609 540 94232 Radio User Equip Replacement 950,000 950,000 704,938 124,673 120,389 94233 Motorized Equip-Cash II 604,099 604,099 545,866 12,491 45,742 94234 Motorized Equip - LP II 19,007,541 19,007,541 15,962,111 246,985 2,798,445 Sub-Total 20,812,342 20,812,342 17,450,467 396,758 2,965,117 Building Maintenance 94510 Air Cond Replace-City Wide 2,233,459 2,233,459 1,815,557 5,779 412,123 94512 Roof Repairs 597,635 597,635 444,755 - 152,879 94514 Roof Replacements 1,595,334 1,595,334 967,178 628,155 94517 Painting of Facilities 764,380 764,380 350,769 413,611 94518 Fencing of Facilities 164,811 164,811 121,400 43,412 94519 Flooring for Facilities 847,942 847,942 643,196 204,746 94521 Elevator Refurbish/Modernization 220,000 220,000 - 220,000 94522 B&M Asset Mgmt Sys 130,886 130,886 123,691 5,561 1,634 94524 Long Center Major Infrst Imprvmts 2,905,000 (242,500) 2,662,500 798,643 1,711,500 152,357 28 Sub-Total 9,459,447 (242,500) 9,216,947 5,265,189 1,722,840 2,228,917 General Public City Buildings & Equipment 94620 New City Hall 108,750 108,750 164 - 108,586 94622 MSB/Lib Hurricane Protection 620,000 620,000 603,800 16,200 94623 Public Comm Office Renovations 14,000 14,000 10,962 3,038 Sub-Total 742,750 - 742,750 614,926 127,824 Item # 18 37 Attachment number 13 Page 4 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/08 Amdmts Budaet To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 1,481,478 1,481,478 1,231,993 111,781 137,705 94736 Geographic Information Sys 1,052,726 1,052,726 849,194 21,000 182,532 94761 Poll Stor Tank Rem/Repl-Gen Fd 413,658 413,658 241,624 5,636 166,398 94801 Tidemark Upgrade 802,623 802,623 501,829 - 300,794 94803 Environmental Assmt & Clean-up 753,664 753,664 306,355 447,309 94809 Financial Sys Replacement 974,012 974,012 974,012 - 94814 Network Infra & Server Upgr 1,185,057 1,185,057 922,703 262,354 94820 HR Peoplesoft Upgrade 450,000 450,000 75,420 374,580 94824 IT Disaster Recovery 250,000 250,000 179,290 70,710 94827 Telecommunications Upgrade 204,000 204,000 - 204,000 94828 Financial Systems Upgrades 451,628 451,628 100,079 170 351,379 94829 CIS Upgrades / Replacement 547,376 547,376 60,290 - 487,086 94830 MS Licensing / Upgrades 650,000 650,000 5,245 7,642 637,113 94833 Computer Monitors 320,000 320,000 301,822 - 18,178 94839 Roadway & Traffic Asset Mgt 400,000 400,000 - 400,000 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 10,684 389,316 94848 Station Square Park 519,620 519,620 52,027 467,593 - 94850 Backfile Conversion of Records 500,000 500,000 94,912 403,710 1,377 94857 Accela Permitting & Code Enforce 25,000 25,000 - - 25,000 Sub-Total 11,380,842 - 11,380,842 5,907,479 1,017,532 4,455,830 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 7,392,961 31,315 7,424,276 5,962,722 279,889 1,181,665 29 96125 Prospect Lake Park 7,610,847 7,610,847 7,495,943 43,804 71,100 96129 Stev Ck Estuary Restor 8,356,327 8,356,327 4,375,420 - 3,980,907 96137 FDEP Compliance 1,008,000 1,008,000 244,307 390,326 373,367 96141 Kapok Flood Resolution 18,860,704 18,860,704 18,808,297 19,401 33,005 96144 Stevensen Creek Impl Projects 11,210,594 (1,986,041) 9,224,553 9,224,553 0 - C 30 96149 Storm Sys Expansion 1,157,032 (366,407) 790,625 790,625 - - C 31 96152 Lake Bellevue Stormwater Imp 4,486,426 4,486,426 612,426 - 3,874,000 96154 Alligator Creek Implemt - II 7,593,964 7,593,964 1,132,996 104,000 6,356,967 96158 Transfer Yard Upgrade 709,966 709,966 105,825 14,861 589,280 96161 Coastal Basin Improvement 3,343,965 (3,201,029) 142,936 142,936 - - C 32 96164 Allen's Creek Improvement Projects 876,500 876,500 1,375 - 875,125 96166 Spring Branch Enhancement Proj 2,000,000 2,000,000 - 202,052 1,797,948 96167 Alligator Creek Chan G Drain Impr 992,074 - 992,074 227,084 675,098 89,892 33 96168 Stormwater System Expansion 500,000 366,407 866,407 - - 866,407 34 96169 Stevenson Creek 1,060,000 1,986,041 3,046,041 3,046,041 35 96170 Coastal Basin Projects 1,600,000 3,201,029 4,801,029 4,801,029 36 Sub-Total 78,759,359 31,315 78,790,675 49,124,509 1,729,432 27,936,733 Item # 18 38 Attachment number 13 Page 5 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/08 Amdmts Budaet To Date Encumbran Balance Status Ref Water System 96721 System R & R-Maintenance 1,046,660 1,046,660 857,778 128,025 60,857 96739 Reclaimed Water Dist Sys 51,273,988 50,000 51,273,988 37,912,426 441,564 12,919,997 96740 Water Supply/Treatment 5,742,034 5,792,034 4,266,151 53,565 1,472,318 96741 System R & R-Capitalized 9,710,404 9,710,404 7,733,805 246,391 1,730,208 96742 Line Relocation-Capitalized 11,997,804 11,997,804 5,371,371 59,387 6,567,046 96743 Mtr Bkflow Prev Dev/Chang 4,049,182 4,049,182 1,876,402 508 2,172,272 96744 System Expansion 2,499,673 2,499,673 1,302,528 - 1,197,145 96750 Well Rehabilitation 1,542,190 1,542,190 1,048,447 493,743 96752 Water Service Lines 4,376,792 4,376,792 3,139,766 1,237,026 96757 Water Pick Up Trucks 112,801 112,801 79,021 33,780 96758 Fluoride in Water System 289,780 289,780 83,596 206,184 96760 Elevated Water Tanks Upgrade 3,208,600 3,208,600 2,138,038 1,070,562 96761 Telemetry for Wells 1,065,000 1,065,000 129,489 12,477 923,034 96763 Wellfield Expansion 3,977,310 3,977,310 620,450 211,014 3,145,845 96764 RO Plant Exp Res #1 5,897,640 348,595 6,246,235 740,365 304,771 5,201,099 96766 Water Quality Monitoring Devices 600,000 600,000 8,255 - 591,745 96767 RO Plant Exp Res #2 5,454,420 5,454,420 211,654 1,190,435 4,052,330 96768 Rebate Well, Lk, Pnd IrrAbandmt 150,000 150,000 3,840 - 146,160 96769 Trackhoe & Trailer 41,000 (16,614) 24,386 24,386 - 96770 Hydra Stop System 36,000 36,000 - - 36,000 Sub-Total 113,071,278 381,981 113,453,259 67,547,768 2,648,137 43,257,354 Sewer System 96202 WWTP Screw Pump Replacement 846,910 846,910 - 17,894 829,016 96605 WWC Interceptor Lines - - - 96611 Bio-Solids Treatment 11,287,759 11,287,759 7,663,046 6 3,624,706 96615 Odor Control 742,856 4,807 747,662 663,355 - 84,308 96619 WWTP Generator Replacements 4,244,731 - 4,244,731 1,418,546 33,151 2,793,034 96620 WWTP Headworks 6,396,653 31,620 6,428,273 4,217,481 2,179,172 31,620 96621 WWTP New Presses 1,778,786 1,778,786 182,825 36,775 4 96622 WWTP Aeration Imp 3,897,000 3,897,000 515,177 3,277,752 104,071 96624 Liquid Disinfection 825,279 825,279 129,955 28,721 666,603 96630 Sanitary Sewer Extention 4,615,894 4,615,894 821,896 - 3,793,998 96634 Sanitary Util Reloc Accmmdtn 4,021,983 4,021,983 2,361,556 5,250 1,655,178 96645 Laboratory Upgrade & R&R 958,299 958,299 795,650 10,820 151,829 96654 Facilities Upgrade & Improvement 2,740,177 2,740,177 1,649,077 - 1,091,100 96664 WPC R & R 11,607,917 - 11,607,917 9,794,366 154,236 1,659,315 96665 Sanitary Sewer R&R 25,583,785 25,583,785 14,855,884 817,380 9,910,521 96666 WWTP New Bypass & NE Pump 462,000 462,000 - - 462,000 96670 Poll Stor Tank Remov-WPC 199,876 199,876 162,737 5 37,134 96686 Pump Station Replacement 15,408,977 50 15,409,027 11,196,801 520,045 3,692,181 Sub-Total 95,618,882 36,477 95,655,358 56,428,352 7,081,207 30,586,616 Gas System 96358 Environmental Remediation 1,936,936 1,936,936 871,731 3,903 1,061,301 96365 Line Relocation-Pinellas Maint 1,551,089 1,551,089 347,384 - 1,203,705 96367 Gas Meter Change Out-Pinellas 1,240,000 1,240,000 110,640 - 1,129,360 96374 Line Relocation-Pinellas Capital 2,736,983 2,736,983 1,230,442 67,109 1,439,433 96376 Line Relocation - Pasco Maint 530,000 530,000 21,018 - 508,982 96377 Pinellas New Main / Service Lines 11,287,595 11,287,595 10,039,309 - 1,248,286 96378 Pasco New Mains / Service Lines 9,441,782 9,000 9,450,782 7,400,905 12,258 2,037,620 96379 Pasco Gas Meter Change Out 610,000 610,000 2,456 - 607,544 96381 Line Reloc-Pasco-Capital 755,000 755,000 954 754,046 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 693,307 298,693 96384 Gas Building Renovation 699,675 699,675 126,336 573,339 96385 Gas Main Extensions 1,257,845 1,257,845 547,717 710,128 Sub-Total 33,038,905 9,000 33,047,905 21,392,199 83,270 11,572,436 43 44 45 46 C 47 38 39 40 41 42 37 Item # 18 39 Attachment number 13 Page 6 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/08 Amdmts Budaet To Date Encumbran Balance Status Ref Solid Waste 96426 Facility R & R 1,476,752 1,476,752 1,114,745 39,053 322,954 96438 Vehicle Acquisition 906,461 906,461 777,258 - 129,203 96440 Improvements to SW Complex 208,785 208,785 85,370 123,415 96442 SW Vehicle Replacements 1,189,769 1,189,769 544,815 644,954 96443 Res Container Acquisition-II 751,741 751,741 429,973 89,805 231,963 96444 Comm Container Acquisition-II 1,460,020 1,460,020 869,644 72,000 518,376 Sub-Total 5,993,528 5,993,528 3,821,805 200,858 1,970,865 Utility Miscellaneous 96516 Citywide Aerial Photo 189,666 189,666 149,533 - 40,134 96521 PW Infra Mgmt System 1,318,260 1,318,260 1,238,171 80,089 96523 Pub UtilitiesAdm Bldg R&R 261,054 261,054 189,985 71,069 Sub-Total 1,768,980 1,768,980 1,577,689 - 191,292 Recycling 96804 Recycling Carts/Dumpsters 671,925 671,925 356,298 18,000 297,627 96805 Recyc Expan/Prom/R&R 987,923 987,923 669,346 - 318,577 96806 Recycling Equip Replacement 2,407,037 2,407,037 1,705,914 701,123 96807 Recycling Vehicle Acquisition 151,000 151,000 146,600 4,400 Sub-Total 4,217,885 4,217,885 2,878,158 18,000 1,321,727 TOTAL ALL PROJECTS 574,669,446 2,195,309 576,864,754 358,967,786 32,030,370 184,307,412 Item # 18 40 Attachment number 14 Page 1 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs AmeriCorps Clearwater 2009 - To establish the project and record a transfer of $84,895 from project 181-99331, Special Law Enforcement Trust Fund as well as a budget increase of $122,111 in grant funding from the Corporation for National and Community Service for Federal Assistance. This was approved by the City Council on December 18, 2008. 1 99265 122,111 84,895 207,006 JAG '08 Tactical Weapons Illuminators - To establish the project and record a budget increase of $30,414 representing US Department of Justice, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance grant funding. This was approved by the City Council on September 18, 2008 to fund the 2 99266 30,414 purchase of tactical weapons illuminators and holsters. 30,414 AmeriCorps Clearwater 2007 - Record a budget transfer of $36,705.18 in Fines, Forfeitures & Penalties revenue to project 181-99331, Special Law Enforcement Trust Fund. This will return the revenue 3 99273 (36,705) to the project it originated from and close the project. (36,705) Homeless Shelter '07 - To Record a budget increase of $15,909.89 in General Fund revenue to be transferred from the General Fund unappropriated retained earnings. This was approved by the City Council on November 6, 2008, representing payment in lieu of taxes received from Clearwater Housing Authority. To record an additional budget increase of $119,470 in General Fund revenue to be transferred from the General Fund unappropriated retained earnings was approved by the City Council on December 18, 2008. This will provide funding for the 4 99274 135,380 CHIP day center. 135,380 Federal Forfeitures - Treasury - To record a budget increase of $12,517.53 representing $5,163.13 in interest earnings from the prior year, $1,007.35 in Fines, Forfeitures & Penalties and $6,347.05 in Other Governmental Unit Revenue. This will bring the budget in line with the actual revenues received. 5 99281 12,518 12,518 41 Item # 18 Attachment number 14 Page 2 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Justice Assistance Grant FY05 - 07 - To record a budget increase of $73.99 in interest earnings which will bring the budget in line with actual revenues 6 99283 74 received. 74 Beach Walk Police Aides - Close Project - To record a transfer of General Fund revenue of $7,662.30, representing the project balance once the accrual is reversed at year end, back to the General Fund as approved by the City Council on November 6, 2008. This will close the project as these positions are now 7 99284 (7,662) funded by the Parking Fund. (7,662) Justice Assistance Grant - To record a budget increase of $1,699.68 in interest earnings which will bring the budget in line with actual revenues received. 8 99299 1,700 1,700 K-9 Equipment - To record a budget increase of $1,000.00 in Donations revenue representing a donation received from the Barsema Family Foundation. This will bring the budget in line with 9 99310 1,000 actual revenues received. 1,000 Police Education Fund - To record a budget increase of $12,625.60 in Police Education Fine revenue to match budgeted revenues with actual revenues 10 99317 12,626 received. 12,626 Investigative Recovery Costs - To record a budget increase of $91,887.16 in Fines, Forfeitures & Penalties to match budgeted revenues with actual 11 99329 91,887 revenues received. 91,887 Florida Contraband Forfeiture - To record a budget increase of $181,416.11 representing $143,200.19 in Fines, Forfeitures & Penalties and $38,215.92 in interest earnings to match budgeted revenues with 12 99330 181,416 actual revenues received. 181,416 42 Item # 18 Attachment number 14 Page 3 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Law Enforcement Trust Fund - To record a budget transfer of $108,189.82 representing (1) a $36,705.18 transfer in Fines, Forfeitures & Penalties revenue from project 181-99273, AmeriCorps 2007. This will return the revenue to the project it originated from and close the AmeriCorps 2007 project, (2) a $84,895.00 transfer to project 181-99265, AmeriCorps 2009. This was approved by the City Council on December 18, 2008 to provide the cash match for the grant and (3) a $60,000.00 transfer of Fines, Forfeitures & Penalties revenue to project 181-99356, Safe Neighborhood. This will provide funding towards the safe neighborhood requirement. 13 99331 (108,190) (108,190) Vehicle Replacements - To record a budget transfer of $10,253.00 in Police Services revenue from project 181-99908, Extra Duty Program. This represents $4,720.00 collected in the last quarter of fiscal year 08 and $5,533.00 collected in the first quarter of fiscal year 09 to fund vehicle replacements. 14 99350 10,253 10,253 Safe Neighborhood Program - To record a budget transfer of $45,000.00 representing a transfer of $60,000.000 in Fines, Forfeitures & Penalties from project 181-99331, Special Law Enforcement Trust Fund and a transfer of $15,000.00 to project 181- 99947, Safe Neighborhood TV Specialist. This will provide funding towards the Safe Neighborhood requirement. 15 99356 45,000 45,000 Federal Forfeiture Sharing - To record a budget increase of $96,270.66 representing $78,117.32 in US Department of Justice revenue and $18,153.34 in interest earnings to match budgeted revenues with 16 99387 96,271 actual revenues received. 96,271 Safe Neighborhood TV Specialist - To record a budget transfer of $15,000.00 in Fines, Forfeitures & Penalties revenue from project 181-99356, Safe Neighborhood Program. This will provide enough to fund the project for the remainder of FY09. 17 99947 15,000 15,000 Public Safety Program Totals: 677,733 10,253 687,986 43 Item # 18 Attachment number 14 Page 4 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ Amdmt Project (Decrease) Intrafund Number Number Amount Transfer Amount Description Community Development Programs 18 99613 19 99614 20 99621 21 99623 Community Development: Total: Social Services: 22 99538 Social Services Total: Marine: 23 99704 24 99707 Marine Total: Economic Development 2008 - To record a budget transfer of $6,232.83 from 181-99614, Housing Rehab 6,233 2008 representing unused project funds. Housing Rehab 2008 - To record a budget transfer of $6,232.83 to 181-99613, Economic Development 2008 (6,233) representing unused project funds. Economic Development 2009 - To record a budget transfer of $30,000.00 from 181-99623, Program Administration 2009. When the 2009 budget was established the Economic Development 2009 budget was included in project 181-99623, Program 30,000 Administration in error. Program Administration 2009 - To record a budget transfer of $30,000.00 to 181-99621, Economic Development 2009. When the 2009 budget was established the Program Administration budget included project 181-99621, Economic Development (30,000) 2009 in error. 0 0 Affordable Housing Impact Fees - To record a budget increase of $41,350.77 in interest earnings to match budgeted revenues with actual revenues 41,351 received. 41,351 0 Sembler Mitigation Project - To record a budget increase of $24,020.67 in interest earnings to match 24,021 budgeted revenues with actual revenues received. Beach Guard Donations - To record a budget increase of $12,040.00 in Donations revenue to match 12,040 budgeted revenues with actual revenues received. 36,061 0 Net Budget Amendment 6,233 (6,233) 30,000 (30,000) 0 41,351 41,351 24,021 12,040 36,061 44 Item # 18 Attachment number 14 Page 5 of 6 Amdmt Project Number Number Miscellaneous Programs: Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ (Decrease) Intrafund Amount Transfer Amount Description Net Budget Amendment JWB - Norton Teen 2001 - To record a budget increase of $37,251.00 representing Coordinated Child Care grant funding for teen programs. This was approved by Council November 6, 2008. The Juvenile Welfare Board name has been changed to 25 99822 37,251 Coordinated Child Care. 37,251 JWB - North Greenwood Teens - To record a budget increase of $38,560.00 representing Coordinated Child Care grant funding for teen programs. This was approved by Council November 6, 2008. The Juvenile Welfare Board name has been changed to 26 99835 38,560 Coordinated Child Care. 38,560 Mgt Training Initiatives - To close project and return $384,663.51 to the General Fund at first quarter to support current year fire training initiatives in the amount of $182,160 and return the balance of 27 99843 (384,664) $202,503.51 to the General Fund. (384,664) Special Events YR 07-08 - To record a budget increase of $676,342.00 representing: $315,060.59 in Sales revenue, $62,000.00 in Sponsorships revenue, $1,825.00 in Memberships/Registrations revenue, $2,335.90 in Donations revenue, $212,713.76 in Rentals revenue and $82,406.75 in Reimbursements revenue. This will bring budgeted revenues in line with actual revenues received. 28 99851 676,342 676,342 State Brownfield Redevelopment - To record a budget increase of $2,053.24 in interest earnings to match budgeted revenues with actual revenues 29 99871 2,053 received. 2,053 Public Art Donations - To record a budget increase of $3,000 in Donations revenue to match budgeted 30 99875 3,000 revenues with actual revenues received. 3,000 JWB - Ross Norton Camp 2008 - To record a budget increase of $4,868.56 in Other Governmental Units representing grant funding, this will bring budgeted revenues in line with actual revenues received and 31 99887 4,869 close the project. 4,869 Teen Club - To record a budget increase of $623.90 in Donations revenue to match budgeted revenues with 32 99889 624 actual revenues received. 624 45 Item # 18 Attachment number 14 Page 6 of 6 Special Program Fund First Quarter Budget Amendments October 1, 2008 - December 31, 2008 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Fire Department Honor Guard - To record a budget increase of $3,150.00 in Donations revenue to match budgeted revenues with actual revenues received. 33 99898 3,150 3,150 Police - Outside Duty - To record a $243,421.50 net budget increase representing the following; (1) a transfer of $10,253 in Police Services revenue to project 181-99350, Vehicle Replacements. This represents $4,720 collected in the last quarter of FY08 and $5,533 collected in the first quarter of FY09 to fund vehicle replacements. (2) A budget increase of $253,674.50 in Police Services revenue, to reflect 34 99908 253,675 (10,253) actual revenue collected for extra duty jobs. 243,422 Library Special Account - To record a budget increase of $9,676.43 in Donations revenue to match budgeted revenues with actual revenues received. 35 99910 9,676 9,676 Emergency Operations - To record a budget increase of $709.32 representing additional reimbursements for Hurricane Frances expenses to match budgeted 36 99927 709 revenues with actual revenues received. 709 Parks & Recreation Specified & Gift Program - To record a budget increase of $794.14 in Donations revenue to match budgeted revenues with actual 37 99962 794 revenues received. 794 Tree Replacement Program - To record a budget increase of $47,647.76 in Fines, Forfeitures & Penalties to match budgeted revenues with actual 38 99970 47,648 revenues received. 47,648 EMS Incentive/Recognition - To Record a budget increase of $21,300.00 representing funds from Pinellas County paid to the Fire Department EMS Services for performing above standards as outlined in 39 99982 21,300 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 Item # 18 Attachment number 15 Page 1 of 3 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/2006 Amendment Budaet To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 0 45,050 33,910 0 11,140 99141 Historic District Evaluation 40,000 0 40,000 29,977 0 10,023 99142 Design Review 10,000 0 10,000 0 0 10,000 99143 Enclave Annexation 15,000 0 15,000 0 0 15,000 99144 Boos Development Mitigation 250,000 0 250,000 10,654 68,981 170,365 Sub-Total 360,050 0 360,050 74,541 68,981 216,528 PUBLIC SAFETY PROGRAMS 99265 AmeriCorp Clearwater 2009 0 207,006 207,006 0 0 207,006 99266 Tactical Weapons Illuminator 0 30,414 30,414 30,414 0 0 99268 Human Trafficking Immersion Training 99,730 0 99,730 12,738 0 86,992 99269 AmeriCorps Clearwater 2008 194,242 0 194,242 189,981 0 4,261 99273 Americorps Clearwater 2007 182,735 (36,705) 146,030 146,030 0 0 99274 Homeless Shelter 07 237,791 135,380 373,171 253,701 0 119,470 99275 Bulletproof Vest Pasrtnership '06 35,801 0 35,801 5,432 0 30,369 99277 Clearwater Human Trafficking 450,000 0 450,000 211,704 90 238,206 99279 Police Recruitments 50,000 0 50,000 32,275 0 17,725 99281 Fed Forfeitures - Treasury 126,811 12,518 139,329 20,871 0 118,458 99282 COPS Technology 2005 246,661 0 246,661 122,224 81,482 42,955 99283 Justice Assistance Grant FY05-07 106,814 74 106,888 106,888 0 0 99284 BeachWalk Police Aides 80,000 (7,662) 72,338 72,338 0 0 99286 COPS 2004 Technology 692,634 0 692,634 458,986 232,029 1,619 99289 Downtown Ambassadors 3,000 0 3,000 160 0 2,840 99290 Traffic Safety Fund 1,841 0 1,841 1,277 0 564 99299 Justice Assistance Grant 72,595 1,700 74,295 22,365 0 51,930 99310 K-9 Equipment 27,758 1,000 28,758 27,293 0 1,465 99316 Police Volunteers 101,000 0 101,000 86,994 0 14,006 99317 Police Education Fund 1,038,006 12,626 1,050,632 935,327 0 115,305 99325 Citizen's Police Academy 34,113 0 34,113 30,321 0 3,792 99329 Investigative Recovery Costs 1,676,556 91,887 1,768,443 1,085,800 79,104 603,539 99330 FL Contraband Forfeiture Fnd 850,534 181,416 1,031,950 525,751 0 506,199 99331 Law Enforcement Trust Fd 2,527,463 (108,190) 2,419,273 2,138,315 0 280,958 99332 Officer Friendly Program 149,230 0 149,230 144,809 0 4,421 99350 Vehicle Replacement Fund 95,230 10,253 105,483 0 0 105,483 99353 DUI Education Program 3,000 0 3,000 1,420 0 1,580 99356 Safe Neighborhood Program 246,645 45,000 291,645 191,398 0 100,247 99363 DUI Equipment Fund 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 23,095 0 23,095 16,912 0 6,183 99387 Federal Forfeiture Sharing 760,401 96,271 856,672 384,047 75 472,550 99947 Safe Neighborhood TV Specialist 558,647 15,000 573,647 530,253 0 43,394 Sub-Total 10,691,333 687,986 11,379,319 7,806,605 392,780 3,181,628 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 0 115,000 49,334 0 65,666 99454 Housing Rehab 2006 101,318 0 101,318 101,318 0 0 99456 Fair Housing 2006 14,867 0 14,867 14,868 0 0 99457 Relocation/Demolition 6,000 0 6,000 6,000 0 0 99459 Public Services 2007 177,421 0 177,421 168,158 9,263 0 99460 Public Facilities 2007 91,226 0 91,226 82,826 8,400 0 99462 Housing Rehab 2007 65,012 0 65,012 65,012 0 0 99464 Fair Housing 2007 15,294 0 15,294 15,294 0 0 99465 Relocation/Demolition 2007 17,209 0 17,209 16,539 0 670 99466 Infill Housing 2007 12,772 0 12,772 12,772 0 0 99611 Public Services 2008 135,107 0 135,107 135,107 0 0 99612 Public Facilities 2008 371,918 0 371,918 130,506 6,760 234,652 C C 10 11 12 13 14 15 16 17 47 Item # 18 Attachment number 15 Page 2 of 3 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Description Budget 10/1/2006 Amendment Actual Expenditures Revised Project Open Budget To Date Encumbr Available Balance Status Amend Ref 99613 Economic Development 28,000 6,233 34,233 29,194 0 5,039 18 99614 Housing Rehab 2008 270,776 (6,233) 264,543 92,427 0 172,116 19 99615 Program Administration 2008 177,691 0 177,691 165,674 0 12,017 99616 Fair Housing 2008 27,319 0 27,319 27,319 0 0 99617 Relocation/Demolition'08 191,670 0 191,670 79,128 0 112,542 99618 Infill Housing 2008 1,679,272 0 1,679,272 1,190,109 0 489,163 99619 Public Services 2009 169,799 0 169,799 16,240 153,559 0 99620 Piblic Facilities 2009 330,699 0 330,699 0 195,550 135,149 99621 Economic Development 2009 0 30,000 30,000 4,107 0 25,893 20 99622 Housing Rehab 2009 134,757 0 134,757 26,354 0 108,403 99623 Program Administration 2009 185,958 (30,000) 155,958 22,536 0 133,422 21 99624 Fair Housing 2009 29,284 0 29,284 1,044 28,240 0 99625 Relocation/Demolition 2009 40,000 0 40,000 0 0 40,000 99626 Infill Housing 2009 35,714 0 35,714 6,858 0 28,856 Sub-Total 4,424,083 0 4,424,083 2,458,724 401,772 1,563,588 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 551,061 41,351 592,412 132,236 0 460,176 22 99562 HUD Special Education 30,000 0 30,000 26,200 0 3,800 Sub-Total 581,061 41,351 622,412 158,436 0 463,976 MARINE 99704 Sembler Mitigation Project 611,196 24,021 635,217 123,218 17,148 494,851 23 99707 Beach Guard Donations 68,093 12,040 80,133 58,875 0 21,258 24 Sub-Total 679,289 36,061 715,350 182,093 17,148 516,109 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 0 1,200,000 215,870 12,615 971,515 99804 City Manager's Flexibility Fund 871,238 0 871,238 629,914 24,400 216,924 99822 JWB-Norton Teen 2001 246,602 37,251 283,853 246,461 0 37,392 25 99834 Neighborhood Svices Grants 175,000 0 175,000 133,616 0 41,384 99835 JWB Programmer N. Greenwood 205,367 38,560 243,927 203,429 0 40,498 26 99843 Mgt Training Initiatives 811,547 (384,664) 426,884 426,884 0 0 C 27 99844 United Way 6,080 0 6,080 4,190 0 1,890 99846 Economic Development - QTI 72,360 0 72,360 32,804 0 39,556 99847 JWB - Wood Valley Teens 136,272 0 136,272 134,066 0 2,206 99851 Special Events FY07-08 2,560,568 676,342 3,236,910 2,943,532 52,442 240,936 28 99854 Brownfield EPA Assessment 400,000 0 400,000 120,749 91,600 187,651 99870 Drive Cam Driver 15,000 0 15,000 14,900 95 5 99871 State Brownfields Redevelopment Acct 156,188 2,053 158,241 85,654 0 72,587 29 99875 Public Art Donations 14,500 3,000 17,500 13,807 1,500 2,193 30 99876 Florida Bar Student Internship 2,400 0 2,400 2,233 0 167 99877 Bldg Code Enforcement Surplus 118,519 0 118,519 0 0 118,519 99886 JWB - N. Greenwood Camp 2008 82,430 0 82,430 77,237 0 5,193 99887 JW - Ross Norton Camp 2008 33,668 4,869 38,537 38,537 0 0 C 31 99889 Teen Club 3,246 624 3,870 2,712 0 1,158 32 99890 Cultural Art Fund 13,081 0 13,081 0 0 13,081 99898 Fire Dept Honor Guard 10,452 3,150 13,602 9,664 0 3,938 33 99899 GASB 34 Implementation 238,000 0 238,000 74,338 8,000 155,662 99908 Police - Outside Duty 4,164,713 243,422 4,408,135 4,454,236 0 (46,102) 34 99910 Library Special Account 575,560 9,676 585,236 480,238 0 104,998 35 99925 Peg Access Support 799,261 0 799,261 713,083 0 86,178 99927 Emergency Operation 4,125,098 709 4,125,807 2,804,563 92,061 1,229,183 36 48 Item # 18 Attachment number 15 Page 3 of 3 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2008 - DECEMBER 31, 2008 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/2006 Amendment Budaet To Date Encumbr Balance Status Ref 99928 Nagano Sister City Program 75,329 99950 IDB Fees 54,131 99962 Parks & Rec Gift Giving Pgm 1,341,245 99966 Integrated Disability Mgmt Assmnt & Impl 80,000 99970 Tree Replacement Project 831,740 99982 EMS Incentive/Recognition 48,400 99983 Local Mitigation Strategy 50,000 99995 Water Conservation Devices 100,000 99997 Main Library Field Trust 115,571 99998 Safety Village 26,166 Sub-Total 19,759,733 0 75,329 72,305 0 3,024 0 54,131 32,830 0 21,301 794 1,342,039 1,332,970 0 9,069 37 0 80,000 40,000 0 40,000 47,648 879,388 595,878 870 282,640 38 21,300 69,700 40,074 0 29,626 39 0 50,000 45,744 0 4,256 0 100,000 100,000 0 0 0 115,571 0 0 115,571 0 26,166 21,716 0 4,450 704,734 20,464,468 16,144,234 283,583 4,036,652 TOTAL ALL PROJECTS 36,495,549 1,470,132 37,965,681 26,824,633 1,164,264 9,978,480 49 Item # 18 Attachment number 16 Page 1 of 1 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter Amendments FY 2008/09 Increase/ (Decrease) Description Revenues The amendment reflects a decrease in Sales Tax Revenue with the slowing economy, representing approximately a 5% decrease in anticipated proceeds This category will be reviewed for possible further Infrastructure Sales Tax Revenue (525,000) amendment at mid year. First Quarter amendments reflect the allocation of designated reserves to the Capital Improvement Fund as follows: 1) $456,100 of Recreation Facility Land Fees and $260,900 of Open Space Impact Fees are transferred to capital project 315-93601, Lake Chautauqua Equestrian and Nature Preserve, as approved by the City Council on 11/18/2008; 2) $2.4 million of Penny for Pinellas funds are transferred to capital project 315-93614, Royalty Theater Acquisition, as approved by the City Council on 12/4/08; 3) $250,000 of Special Development Fund revenue is transferred to capital project 315-93614, Royalty Theater Acquisition as approved on 11/6/08. This is net of the Council change to fund the purchase of the theater using Penny revenues on 12/4/08.; 4) The return of $5,673.32 in Penny for Pinellas funds is recognized from closed project 315-93255, Parks and Beautification Allocation of Undesignated Reserves 3,361,327 Maintenance Building. $ 2,836,327 Net Revenue Amendments Expenditures First Quarter amendments reflect the following budget transfers to the Capital Improvement Fund: 1) $456,100 of Recreation Facility Land Fees and $260,900 of Open Space Impact Fees are transferred to capital project 315- 93601, Lake Chautauqua Equestrian and Nature Preserve, as approved by the City Council on 11/18/2008; 2) $2.4 million of Penny for Pinellas funds are transferred to capital project 315-93614, Royalty Theater Acquisition, as approved by the City Council on 12/4/08; 3) $250,000 of Special Development Fund revenue is transferred to capital project 315-93614, Royalty Theater Acquisition as approved on 11/6/08. This is net of the Council change to fund the purchase of the theater using Penny revenues on 12/4/08. Transfer to Capital Improvement Fund 3,367,000 $ 3,367,000 Net Expenditure Amendments 50 Item # 18 Attachment number 17 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: Ad Valorem Taxes Infrastructure Tax Interest Earnings Open Space Fees Recreation Facility Impact Fees Recreation Land Impact Fees Transportation Impact Local Option Gas Tax Allocation of Designated Reserves SPECIAL DEVELOPMENT FUND Expenditures: Transfer to Capital Improvement Fund Road Millage Infrastructure Tax Recreation Facility Land Fees Open Space Impact Fees Transportation Impact fees Local Option Gas Tax Undesignated Special Development Debt Service on Penny for Pinellas Bonds 2,727,150 2,727,150 9,925,000 9,400,000 (525,000) 600,000 600,000 200,000 200,000 30,000 30,000 364,500 364,500 311,790 311,790 1,537,790 1,537,790 342,210 3,703,537 3,361,327 16,038,440 18,874,767 2,836,327 2,727,150 2,727,150 1,610,000 4,010,000 2,400,000 456,100 456,100 260,900 260,900 290,000 290,000 1,880,000 1,880,000 250,000 250,000 6,873,030 6,873,030 13,380,180 16,747,180 3,367,000 51 Item # 18 Attachment number 17 Page 2 of 2 SPECIAL REVENUE FUNDS First Quarter: October 1, 2008 - December 31, 2008 Original Budget 2008/09 First Quarter Amended Budget 2008/09 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds 926,210 926,210 Interest Earnings 280,000 410,731 130,731 Grant Funds 0 328,463 328,463 Other Governmental Revenue 0 11,216 11,216 Police Fines and Court Proceeds 0 296,368 296,368 Donations 0 32,620 32,620 Sales 0 315,061 315,061 Rentals 0 212,714 212,714 Sponsorships 0 62,000 62,000 Memberships/Registrations 0 1,825 1,825 Contractual Services 0 336,081 336,081 Transfers from General Fund 0 (256,946) (256,946) Sister City Program 3,000 3,000 City Manager's Flexibility Fund 100,000 100,000 Special Events 30,000 30,000 Neighborhood Grants 25,000 25,000 1,364,210 2,834,342 1,470,132 Expenditures: CDBG/Home Funds 926,210 926,210 Public Safety 0 687,986 687,986 Social Services 0 41,351 41,351 Marine 0 36,061 36,061 Sister City Program 3,000 3,000 City Manager's Flexibility Fund 100,000 100,000 Neighborhood Grants 25,000 25,000 Special Event Funding 30,000 30,000 Other Miscellaneous Programs 0 704,734 704,734 1,084,210 2,554,342 1,470,132 LOCAL HOUSING ASSISTANCE TRUST FUND Revenues: SHIP Funds 995,680 995,680 0 Expenditures: SHIP Program 995,680 995,680 995,680 995,680 0 52 Item # 18 Attachment number 18 Page 1 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2008 / 09 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) 53 Item # 18 Attachment number 18 Page 2 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2008 / 09 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) 54 Item # 18 Attachment number 19 Page 1 of 1 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 Item # 18 55 Ordinance No. 8045-09 Attachment number 20 Page 1 of 2 EXHIBIT A 2008-09 BUDGET REVENUE Original Budget 2008/09 First Quarter Amended Budget 2008/09 mendments General Fund: Property Taxes 43,461,390 43,461,390 0 Franchise Fees 9,819,270 9,819,270 0 Utility Taxes 12,030,350 12,030,350 0 Licenses, Permits & Fees 4,242,500 4,242,500 0 Sales Tax 5,800,000 5,800,000 0 Communications Services Tax 6,286,500 6,286,500 0 Intergovernmental Revenues 12,357,120 12,357,120 0 Charges for Current Services 4,151,420 4,236,864 85,444 Fines & Forfeitures 902,300 902,300 0 Interest Income 1,364,000 1,364,000 0 Miscellaneous 939,950 943,839 3,889 Interfund Charges / Transfers In 17,445,130 17,888,364 443,234 Transfer from Surplus 2,300,000 2,518,546 218,546 Total, General Fund 121,099,930 121,851,043 751,113 Special Revenue Funds: Special Development Fund 16,038,440 18,874,767 2,836,327 Special Program Fund 1,364,210 2,834,342 1,470,132 Local Housing Asst Trust Fund 995,680 995,680 0 Utility & Other Enterprise Funds: Water & Sewer Fund 60,609,860 60,609,860 0 Stormwater Utility Fund 13,800,460 13,825,878 25,418 Solid Waste Fund 18,751,250 18,704,250 (47,000) Gas Fund 45,228,140 45,286,710 58,570 Recycling Fund 3,210,950 3,027,089 (183,861) Marine Fund 5,351,090 5,148,090 (203,000) Airpark Fund 242,000 239,000 (3,000) Parking Fund 4,823,470 5,384,590 561,120 Harborview Center Fund 725,170 725,170 0 Internal Service Funds: Administrative Services Fund 9,714,930 9,714,930 0 General Services Fund 5,247,910 5,247,910 0 Garage Fund 13,853,580 13,853,580 0 Central Insurance Fund 20,069,910 21,992,835 1,922,925 Total, All Funds 341,126,980 348,315,724 7,188,744 Ordinance #8045-09 56 Item # 18 Attachment number 20 Page 2 of 2 EXHIBIT A (Continued) 2008-09 BUDGET EXPENDITURES Original Budget 2008/09 First Quarter Amended Budget 2008/09 mendments General Fund: City Council 288,390 288,166 (224) City Manager's Office 1,166,210 1,150,010 (16,200) City Attorney's Office 1,688,790 1,667,759 (21,031) City Auditor's Office 175,520 173,417 (2,103) Development & Neighborhood Svcs 4,109,720 4,091,585 (18,135) Economic Development & Housing Svc 1,389,940 1,382,084 (7,856) Engineering 7,283,880 7,258,453 (25,427) Equity Services 284,010 279,539 (4,471) Finance 2,265,030 2,242,631 (22,399) Fire 21,258,430 21,495,414 236,984 Human Resources 1,212,180 1,204,602 (7,578) Library 6,065,270 6,048,708 (16,562) Marine & Aviation 1,248,600 1,239,348 (9,252) Non-Departmental 7,048,000 7,846,418 798,418 Office of Management & Budget 297,690 294,337 (3,353) Official Records & Legislative Svcs 1,180,430 1,173,801 (6,629) Parks & Recreation 21,123, 800 21,152, 322 28,522 Planning 1,429,290 1,418,617 (10,673) Police 36,949,610 36,832,223 (117,387) Public Communications 1,088,580 1,079,313 (9,267) Public Services 3,546,560 3,532,296 (14,264) Allocation to Reserve 0 0 0 Total, General Fund 121,099,930 121,851,043 751,113 Special Revenue Funds: Special Development Fund 13,380,180 16,747,180 3,367,000 Special Program Fund 1,084,210 2,554,342 1,470,132 Local Housing Asst Trust Fund 995,680 995,680 0 Utility & Other Enterprise Funds: Water & Sewer Fund 60,609,860 60,609,860 0 Stormwater Utility Fund 13,800,460 13,825,878 25,418 Solid Waste Fund 18,735,750 18,688,750 (47,000) Gas Fund 38,534,500 38,534,500 0 Recycling Fund 3,210,940 3,026,940 (184,000) Marine Fund 5,348,430 5,052,230 (296,200) Airpark Fund 206,310 201,010 (5,300) Parking Fund 3,963,380 4,242,800 279,420 Harborview Center Fund 725,170 725,170 0 Internal Service Funds: Administrative Services Fund 9,693,080 9,693,080 0 General Services Fund 5,247,910 5,247,910 0 Garage Fund 13,853,580 13,853,580 0 Central Insurance Fund 18,714,690 20,637,615 1,922,925 Total, All Funds 329,204,060 336,487,568 7,283,508 Ordinance #8045-09 57 Item # 18 Attachment number 21 Page 1 of 1 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 Approved as to form: Pamela K. Akin City Attorney Frank Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 58 Ordinance 4b%rA_0918 Attachment number 22 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 Original Budget 2008/09 First Qtr Amended Budget 2008/09 mendments 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 Item # 18 59 Ordinance # 8046-09 Attachment number 22 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 Original Budget 2008/09 First Qtr Amended Budget 2008/09 mendments 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 Item # 18 60 Ordinance # 8046-09 Attachment number 22 Page 3 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 First Qtr Original Amended Budget Budget 2008/09 2008/09 Amendments 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 Item # 18 Ordinance # 8046-09 Attachment number 23 Page 1 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Rescue Vehicle - Budget Amendment Only 315-91236 15,407 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 315-92267 29,780 To 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. 357-92267 183,870 To 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 315-92269 (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. Item # 18 25 * indicates budget amendment only Attachment number 23 Page 2 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Downtown Streetscape -CLOSE PROJECT (continued) 378-92269 (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 315-92273 12,000 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: 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, 315-92275 596,110 2008. 325-92275 39,890 315-92275 1,622,925 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. 315-92275 171,839 To 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. 315-92275 196,000 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 11. This was approved by City Council on November 6, 2008. 2,626,764 Clearwater Beach West Bridge Spur Connector - CLOSE PROJECT 315-92340 (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 315-92551 5,070 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 Item # 18 26 * indicates budget amendment only Attachment number 23 Page 3 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Parking Lot Resurfacing 315-92630 (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. 315-92630 (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 315-92636 37,000 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. 315-92636 63,000 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. 315-92636 100,000 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 10 315-93204 25,000 To 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 11 315-93205 20,000 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 Item # 18 27 * indicates budget amendment only Attachment number 23 Page 4 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Parks & Beautification Maintenance Building - CLOSE PROJECT 12 315-93255 (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 13 315-93256 (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 14 315-93269 9,712 revenue from project 315-93256, Countryside Community Park Concession & Restroom Building. 315-93269 14,288 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 15 315-93286 (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 16 315-93407 2,512 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 17 315-93409 (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 18 315-93490 (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) Item # 18 28 indicates budget amendment only Attachment number 23 Page 5 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Marine Facility Dredging / Maintenance 19 315-93496 (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 20 315-93499 (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. 315-93499 4,150 To 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 21 315-93601 717,000 To 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 22 316-93603 (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 23 315-93609 100,000 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. 315-93609 24,116 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 24 316-93610 (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) Item # 18 29 * indicates budget amendment only Attachment number 23 Page 6 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Multi Terrain Loader - CLOSE PROJECT 25 316-93611 (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 26 315-93614 2,650,000 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. 315-93614 2,400,000 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: 27 315-93615 727,500 To record a Florida Department of Elder Affairs (DOEA) Senior Center Fixed Capital Outlay Grant to renovate, equip and furnish the Aging Well Center. 315-93615 242,500 To record a budget increase and transfer of $242,500 in General Fund revenue from project 315-94524, Long Center Major Infrastructure Improvements. 315-93615 59,720 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 28 315-94524 (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) Item # 18 30 * indicates budget amendment only Attachment number 23 Page 7 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Storm Pipe System Improvements 29 315-96124 25,418 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. 315-96124 5,898 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. 380-96124 54,376 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 30 315-96144 (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 31 315-96149 (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) Item # 18 31 * indicates budget amendment only Attachment number 23 Page 8 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Coastal Basin Improvements - CLOSE PROJECT 32 315-96161 (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 33 357-96167 54,376 To 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 34 315-96168 216,727 To 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. 380-96168 149,680 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 35 315-96169 1,000,000 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. 315-96169 82,271 To record a budget transfer in the amount of $82,271.30 of Stormwater Utility revenue from project 315-96144, Stevenson's Creek Implementation Project. 380-96169 903,769 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 36 315-96170 3,136,665 To record a budget transfer in the amount of $3,136,665.23 of Stormwater Utility revenue from project 315-96161, Coastal Basin Improvements 380-96170 64,364 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 Item # 18 32 * indicates budget amendment only Attachment number 23 Page 9 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Pasco New Mains-Service Lines 37 315-96378 9,000 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 38 315-96615 4,807 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. WWTP Generator Replacements 39 315-96619 172,122 To 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 40 315-96620 31,620 To 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. WPC R & R 41 378-96664 172,122 To 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 42 376-96686 50 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. Reclaimed Water Distribution System 43 315-96739 50,000 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. Well Rehabilitation 44 315-96750 187,811 To 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 4,807 31,620 50 50,000 Item # 18 * indicates budget amendment only Attachment number 23 Page 10 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2008/09 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Wellfield Expansion 45 315-96763 (187,811) To record a budget transfer in the amount of $187,810.61 in Water Fund revenue to project 315-96750, Well Rehabilitation. 378-96763 187,811 To 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 46 378-96764 189,972 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. 378-96764 158,622 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 47 316-96769 (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 Item # 18 * indicates budget amendment only Attachment number 24 Page 1 of 1 CITY OF CLEARWATER FIRST QUARTER SUMMARY 2008/09 FY 08/09 First First First Adopted Quarter Quarter Quarter Amended Description Budget Projected Actual Variance % Adjustment Budget General Fund: Revenues 121,099,930 42,805,205 36,759,098 (6,046,107) -14% 751,113 121,851,043 Expenditures 121,099,930 38,379,852 36,886,436 1,493,416 4% 751,113 121,851,043 Utility Funds: Water & Sewer Fund Revenues 60,609,860 14,628,372 13,634,180 (994,192) -7% 0 60,609,860 Expenditures 60,609,860 19,665,269 18,486,235 1,179,034 6% 0 60,609,860 Stormwater Fund Revenues 13,800,460 3,431,587 3,437,371 5,784 0% 25,418 13,825,878 Expenditures 13,800,460 6,027,659 5,723,258 304,401 5% 25,418 13,825,878 Gas Fund Revenues 45,228,140 10,907,044 10,235,149 (671,895) -6% 58,570 45,286,710 Expenditures 38,534,500 9,006,190 8,077,125 929,065 10% 0 38,534,500 Solid Waste Fund Revenues 18,751,250 4,687,813 4,726,851 39,038 1% (47,000) 18,704,250 Expenditures 18,735,750 5,188,197 4,512,481 675,716 13% (47,000) 18,688,750 Recycling Fund Revenues 3,210,950 797,422 665,283 (132,139) -17% (183,861) 3,027,089 Expenditures 3,210,940 847,926 707,788 140,138 17% (184,000) 3,026,940 Enterprise Funds: Marine Fund Revenues 5,351,090 1,327,870 932,453 (395,417) -30% (203,000) 5,148,090 Expenditures 5,348,430 1,582,309 1,245,845 336,464 21% (296,200) 5,052,230 Airpark Fund Revenues 242,000 60,498 59,500 (998) -2% (3,000) 239,000 Expenditures 206,310 61,247 56,570 4,677 8% (5,300) 201,010 Parking Fund Revenues 4,823,470 965,205 972,274 7,069 1% 561,120 5,384,590 Expenditures 3,963,380 1,104,545 977,625 126,920 11% 279,420 4,242,800 Harborview Center Revenues 725,170 436,419 490,688 54,269 12% 0 725,170 Expenditures 725,170 256,294 504,599 (248,305) -97% 0 725,170 Internal Service Funds: General Services Fund Revenues 5,247,910 1,311,977 1,319,849 7,872 1% 0 5,247,910 Expenditures 5,247,910 1,420,997 1,303,428 117,569 8% 0 5,247,910 Administrative Services Revenues 9,714,930 2,428,732 2,404,033 (24,699) -1% 0 9,714,930 Expenditures 9,693,080 2,796,442 2,490,365 306,077 11% 0 9,693,080 Garage Fund Revenues 13,853,580 3,423,394 3,085,094 (338,300) -10% 0 13,853,580 Expenditures 13,853,580 3,632,140 3,040,468 591,672 16% 0 13,853,580 Central Insurance Fund Revenues 20,069,910 5,132,428 5,761,397 628,969 12% 1,922,925 21,992,835 Expenditures 18,714,690 4,772,050 5,887,683 (1,115,633) -23% 1,922,925 20,637,615 Item # 18 ' l City Council Agenda Council Chambers - City Hall Meeting Date:3/19/2009 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) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 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 a eve 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 Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 19 Ordinance No. 8039-09 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve staff recommendations to offer retirement incentives to eligible employees. SUMMARY: Meeting Date:3/19/2009 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: It will create vacant FTEs 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 a one-time lump sum of $10,000 cash, minus applicable withholding. AND 2. In addition to 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. Estimated Costs/Savings SAMP/CWA - SAMP/CWA - Sworn - Enterprise General Police/Fire Cover Memo Totals Item # 20 # Eligible 55 58 Option l incentive 550,000 580,000 Vac/Sick Payout* 1,400,000 1,200,000 Total Costs 1,950,000 1,780,000 SAMP/CWA - SAMP/CWA - Enterprise General Savings if not 710,000 710,000 57 570,000 1,700,000 2,270,000 Sworn - Police/Fire 1,000,000 filled Win last quarter FY 08-09 Savings if not 2,800,000 filled for FY 09- 10 Savings if all 1,800,000 positions filled at a reduced salary 2,800,000 1,700,000 4,000,000 1,000,000 * existing retirement costs Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Operating Expenditure No Budget Adjustment: Annual Operating Cost: Total Cost: to None 170 1,700,000 4,300,000 5,900,000 Totals 2,420,000 9,600,000 4,500,000 Cover Memo Item # 20 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Meeting Date:3/19/2009 Cover Memo Item # 21 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Environmental Advisory Board recommendation regarding protection of shore birds SUMMARY: Review Approval: 1) Clerk Meeting Date:3/19/2009 Cover Memo Item # 22 Attachment number 1 Page 1 of 1 January 23, 2009 Mayor Frank Hibbard City Council City of Clearwater TO Council Clearwater City Hall Pass, Clerk 112 S. Osceola Avenue Clearwater, Florida 33756 JAN 2 7 2009 f e3 Re: Nesting Shorebirds Manager Attorney Honorable Mayor Hibbard and City Council: Restating much of the letter that was originally sent to you on September 23, 2008, the Environmental Advisory Board has researched various solutions to the problem of endangerment to our shorebirds. After meeting with the North Clearwater Beach Homeowners Association on January 6, 2009 and receiving their complete support, we wish to restate our recommendations as follows: I Ecological Corridor or Shorebird Protection Area delineated by a professional wildlife biologist At the southernmost point of the Protection Area will be a large sign stating that dogs will not be allowed in the area between February and August. This restricted activity can be enforced via an ordinance. A flag will be added to the sign during these months as a reminder to the public. The large sign will also include educational information for the public, such as types of shorebirds and their threat of endangerment, etc. Activities such as beach raking and riding of motorized vehicles should be prohibited. ,P Post on the city's web site that protection of our shorebirds is an important matter to the city, it sets us apart - can also provide educational information on the birds. Partner with Pinellas County or other organizations in removing all feral animals, i.e. cats, raccoons. Please let us know of any additional input you would like us to consider. We hope these steps will prove helpful in protecting our shore wildlife. Respectfully, Anna M. Fusari, Chair Environmental Advisory Board CC: Ed Chesney, City Liaison Item # 22 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/19/2009 Pass Resolution No. 09-17, recommending that the Board of County Commissioners delay action on proposed resolutions establishing levels of service and criteria for the determination of reasonable and customary costs for EMS providers, or, if action is not delayed, opposing the proposed resolutions and requesting funding to remain at present levels. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 14 RESOLUTION NO: 09- A RESOLUTION OF THE PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY ESTABLISHING LEVELS OF SERVICE OF EMERGENCY MEDICAL FIRST RESPONDERS IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 80-585, LAWNS OF FLORIDA, AS AMENDED. WHEREAS, The Florida Legislature in Chapter 80-585, Laws of Florida, as amended (the "Act'), established the Pinellas County Emergency Medical Services Authority ("Authority") which was subsequently approved ` by referendum of the electorate; and WHEREAS, the Board of County Conrniissioners is. established as the governing body of the Authority; and WHEREAS, the Authority is obligated to:.provide funding for the reasonable and customary costs associated with the provision of emergency medical services; and WHEREAS, the Authority is empowered to set' the levels of service for all emergency medical services that must.. be inet. by EMS providers, provided that the service funded may not be lower than thenlinimuni;level, of'services for those providers which existed as of Janua -T 1989; and WHEREAS, 114c: Authority has previously established minimum levels of service through long term service agreeinents.with the EMS providers; and WHEREAS; at its public work session held on February 24, 2009, the Board of County Commissioners,:sitting as the Authority heard a comprehensive staff presentation regarding: legislative history, system operations history, past and current methods of system financing, response statistics, dispatch standards and process and EMS needs in each of the 19 municipalities and fire districts which provide EMS first responder services; and WHEREAS, given the varied distribution of population within Pinellas County; the nature of the transportation infi-astructure; placement of fire stations, and the relationship between staffing and cost, it is important that the Board of County Commissioners exercise its legislative authority as the governing body of the Authority to assess the need for EMS services throughout the county, evaluate the factors that go into Item # 23 Attachment number 1 Page 2 of 14 determining the service levels and cost of providing those services and establish the service level which will be funded by the Authority to the various EMS providers; and Whereas, in support of the approvals herein, the Board of County Commissioners makes the following legislative findings: The Authority currently contracts with 19 municipalities and independent fire districts to provide advanced life support first responder services. These services are supported through a county wide ad valorem levy and funding from other system revenues with payment made to the various providers based upon a system of negotiated contracts. In the past these contracts have allowed for certain automatic cost increases which did not always accurately track the cost of providin services:::. 2. That while there is no specific legal standard for response: times for ALS first responders, by agreement, the providers in: Pinellas County have agreed to a response standard for emergencies where an ALS first responder will be on scene within 7 minutes and 30 seconds in 90 percent of their dispatch'by emergency operators at the 911 center. This results in an averagc<response time below this figure. Despite some variability among districts, the county-wide system': iesponse time currently exceeds this standard which the Authority finds is the result of excess response capacity in the system. 3. Due>to"certain changes in the law which effect the revenue generated by the EMS system the Authority f ni ds, it is in the,'p tblic's interest to increase the efficiency of the system 'and to the extent possible eliminate excess capacity to ensure the ability to finance the system on'a sustainable, basis without requiring regular increases in the tax rate home by the citizens. 4. The emergency medical services system currently uses a dual response model. This involves. the rise of advanced life support first responder vehicles staffed by fire department personnel and advanced life support transport vehicles staffed by the ambulance contractor. First responder vehicles are deployed from fire stations and the ambulances are deployed through a more flexible system. In general, this allows for a more efficient use of first responder vehicles as it requires less time spent with the patient by the First Responders. 5, In determining the service levels approved herein, the Authority has considered the staffing pattern of each provider, the deployment of their personnel, Item # 23 Attachment number 1 Page 3 of 14 historical and anticipated workload, the distribution of population in the area sewed by each provider and the transportation system available to emergency equipment. In evaluating an appropriate response time, the Authority has also considered the county wide automatic aid agreements wherein each provider agrees to assist other providers responding to fire and EMS emergencies and the flexible deployment of the ambulance contractor which utilizes ALS transport vehicles. 6. The Authority considered staff reconnuendations to change dispatch protocols which would streamline the dispatch process and: in some cases change the number and type of vehicles sent to a patient, While staff b ieves..that this will result in a reduction in both ALS first responder and Ambulance, responses;'tl ose assumptions are not relied upon in setting the levels of service. 7. While a uniformity of staffing' and service delivery is 'desirable, the Authority finds that given the variation in access, traffic patterns and station placement, that some variation between providers and areas of the county is unavoidable. 8. The Authority also intends #o: exercise its authority to designate districts for the provision of services within the county iii oral rjo, implement the levels of service established herein. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA in regular session duly assembled this 17th day of Nlarch :2009, that: Section 1. Based.upon the specific legislative findings and, pursuant to its authority under the act, the Authority hereby, adopts the levels of service as set forth in the attachment to this resolution. Section 2. The Authority recommends and encourages the EMS service providers consult with EMS Administration for assistance that may be available in developing deployment plans, Item # 23 Attachment number 1 Page 4 of 14 Section 3. The level of services set forth herein shall take effect on October 1, 2009. In a regular meeting duly assembled this 17th day of March, 2009, Commissioner offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner and upon call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: Item # 23 Attachment number 1 Page 5 of 14 PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY STANDARDS REGARDING LEVEL OF SERVICE Definitions: ALS unit: A vehicle that is equipped as an ALS vehicle in accordance with Florida Law which is staffed, at a minimum, with one county authorized paramedic. Authority: The Pinellas County Emergency Medical Services Authority. Emergency means a dispatched response where the emergency xrehiele utilizes its emergency lights and sirens in accordance with Florida law. Response numbers shall include only those responses originating with emergency medical dispatches from the Pinellas County primary:safety answeriigpoint. Response time; The length of time between dispatch and arrival at the scene .Response time does not include call processing by dispatchers prior to dispatch. Rescue Unit: A vehicle staffed with thvo paramedics used:exclusively for emergency medical response which is equipped as sn:ALS vehicle as required by Florida Law as supplemented by Pinellas County regulations. Service Area: The EMS district of the Provider: as deterniiri®d by the Authority. Response Zone: The.,primary geographic area'in which anauthorizcd ALS unit responds as determined by the provider and EMS Administration 1. AMBULANCE TRANSPORT STANDARD Response Time of the ATn.bulance is jonger by design in Pinellas County because we have an ALS First Responder Program. The standard accounts for customer service and when transport capability is heeded to arrive. Ambulance emergency (10 Minutes) and downgraded emergency (20) minutes, 90% or greater. 11. ALS FIRST RFS-PONDER STANDARD A. ALS first responders shall arrive at the scene within 7 minutes & 30 seconds at least 90% of the time. This standard shall be determined on a district-wide basis if the district is served by one provider, or across all the response zones of that provider if the district is served by multiple providers. B. This standard shall not apply to the response zones within the East Lake Fire District. Because of the nature of the transportation system within this fire district a standard of % in minutes is adopted. The EMS Administration is directed to work with the fire district to determine other means of decreasing the response time in an Ueieted: x ?Le?el of Sen Service -dray March 17, 2009 Itgm # 23 C:IDoeuments and Settin sWmdd021Loca1 SettinpMem ora Internet Filesl0LKC\Levels of Service - draft 2.d 11 Attachment number 1 Page 6 of 14 effective and cost efficient manner and shall periodically report to the Authority on the progress in decreasing response times. C. Those calls where a response is initially dispatched as an emergency call, but is subsequently downgraded to non-emergency shall not be included in the calculation of response times. 111 AREAS EXCLUDED FROM STANDARD Remote Areas such as: off shore, Caladesi Island, Booker Creek Preserve, Fort Desoto Park, Courtney Campbell Causeway, Howard Frankland Bridge; 'Gai>dy Bridge, and the Sunshine Skyway Bridge or any other area where the EMS Administration finds that the time standards should be waived based upon response distance and low volume of calls. Provider agencies may request that other areas be excluded fiom the i:esponse time standard for good cause. Any such waiver may be granted by EMS administration. Any waivers issued by the EMS Administration shall lie reported, no less frequently than on an annual basis to the Authority. Response time standards may be suspended by the Count" Administrator or his designee during periods of declared emergency. Type of unit/staff ng D. 15-20 Calls perDay E. 20+ Calls per Day Single Paramedic ALS Unit only in Limited Access Areas Single Paramedic ALS Unit Rescue Unit or two Single Paramedic ALS Units Rescue Unit and Single Paramedic ALS Unit Two ALS Rescue Units In evaluating the need for additional rescue units the call volume shall based upon all EMS responses and not shall not be limited to those in the ALS unit's response zone or service area. peEeted: H Level of sen Service - drat March 17, 2009 It?Yn # 23 C:IDocuments and Settin s\admdd02\Local Settinesll'ern ora tntemet FilesloLKClLevels of Service. - draft 2.d Attachment number 1 Page 7 of 14 In assessing the need for additional units, the calculation of calls per day is determined from annual statistics and are not to be based upon any other time frame unless other%vise approved by the Authority. V Any provider of EMS services which believes that this methodology results in a reduction below the levels of service which existed as of January 1, 1989 may present evidence of the level of service it provided on that date for consideration by the Authority in its determination of appropriate level of service for the provider. Deleted: H Level of Sen Service - drat March 17, 2009 Item # 23 ODocunnents and Settin sladmdd021Locai Settines\Tem oral Internet Files?OLKC\Levels of Service - draft 2.do Attachment number 1 Page 8 of 14 RESOLUTION NO: 09- A RESOLUTION OF THE PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY ESTABLISHING CRITERIA FOR THE DETERMINATION OF REASONABLE AND CUSTOMARY COST OF EMERGENCY MEDICAL SERVICE PROVIDERS IN ACCORDANCE NVITH THE REQUIREMENTS OF CHAPTER 80-585, LAWNS OF FLORIDA AS AMENDED. WHEREAS, The Florida Legislature in Chapter 8075$5; Laws of Florida, as amended ("the Act"), established the Pinellas County Eiiergency Medical Services Authority ("Authority") which was subsequently approved b'::.ieferendurn of the electorate; and WHEREAS, the Board of County Corili issioners is established as'the governing body of the Authority; and WHEREAS, the Authority is. obligated to provide,; funding for the reasonable and customary costs associated with the provision of emergency redical services; and WHEREAS, the Authority is cnipowered to set t11e levels of service for all emergency medical scryices that must be met by EMS providers, provided that the service funded may not be lower: than the minimum level of services for those providers which existed as of January 1, 1989; and WHEREAS,, the Authority previously funded EMS services through long term service agreements with variou' methods to determine costs of those services; and WHEREAS, at its public vo`rk session held on February 24, 2009, the Board of County Commissioners, sitting as the Authority heard a comprehensive staff presentation regarding legislative history, systern operations history, past and current methods of system financing, response statistics, dispatch standards and process and EMS needs in cacti of the 19 municipalities and fire districts which provide EMS first responder services; and WHEREAS, given the varied distribution of population within Pinellas County; the nature of the transportation infiastructure; placement of fire stations, and the relationship between staffing and cost, it is important that the Board of County Commissioners exercise its legislative authority as the governing body of the Authority to Item # 23 Attachment number 1 Page 9 of 14 assess the need for EMS services throughout the county, evaluate the factors that go into determining the service levels and cost of providing those services and establish the service level which will be funded by the Authority to the various EMS providers. Whereas, in support of the approvals herein, the Board of County Commissioners makes the following legislative findings: 1. The Authority currently contracts with 19 municipalities and independent fire districts to provide advanced life support first responder services. These services are financed through a county-wide ad valorem levy along with other system revenues with payment made to the various providers based upon negotiated contracts. In the past these contracts have allowed for certain automatic cost.. increases which did not always accurately track the cost of providing services. 2. That while there is no specific legal standard for response times for ALS first responders, by agreement, the providers in Pinellas County have agreed to a response standard where an ALS first responder will be oir'scene within 7 minutes and 30 seconds in 90 percent of emergency dispatches.: This results iii: an average response time below this figure. All providers in Pinellas County currently exceed this standard which the Authority finds is : tl result of excess response ' capacity in the system. It is specifically noted ;that certain providers have determined to provide additional ALS first responder units at their o.wn experise which provides a higher level of service than the Authority lids previously funded and which contributes to the current excess response capacity of the system 3. ? Due to certain changes in the law which effect the revenue generated by the EMS system the Authority finds it is in the public's interest to increase the efficiency of the system and to the extent possible, eliminate that excess capacity funded by the Authority to ensure the ability to finance the system on a sustainable basis without requiring regular increases in the tax rate borne by the citizens. 4. Under the system as now configured, given factors involving call volume, labor agreements and similar issues presented by staff, there is no way to equalize costs across various providers. At present the only way to fairly evaluate costs is through a thorough review of actual costs of the providers as submitted through a standardized budget submission process. Item # 23 Attachment number 1 Page 10 of 14 5. In order to increase efficiency of the system from a cost standpoint, it is crucial that the Authority be able to make a comparison of similar costs between providers. At present there is no standard form of reporting costs to the Authority. 6. In order to discharge its obligation to provide the reasonable and customary cost the Authority must have a line item budget from each provider which follows the same methodology. NOW THEREFORE, BE IT RESOLVED BY THE ';BOARD OF COUNTY CO 1111ISSIONERS OF PINELLAS COUNTY, FLORH)X:in,.regular session duly assembled this 17th day of Alarch, 2009, that: Section 1. Based upon the specific legislative findings above, the Authority, pursuant to its authority under the Act, adopts the criteria for determination of reasonable and customary costs as set forth in the attachment to this resolution. Section 2. Unless otherwise stated, this Resolution shall take effect inunediately upon approval and shall be used in deternuning funding for the fiscal year commencing Octobo j, 2009 aril all years thereafter In a regular meeting duly assembled this': 17th day of March, 2009, Commissioner' offered the foregoing Resolution and moved its adoption, which was seconded by.Corimissioner vote was: AYES: NAYS: ABSENT AND NOT VOTING: H:IUSERSIATYKB311ENMLeve1 of Service - Reas costs%RESOLUTION- costs.doc and upon call the Item # 23 Attachment number 1 Page 11 of 14 PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY CRITERIA FOR DETERMINING REASONABLE AND CUSTOMARY COSTS A. ALLOWABLE COSTS 1. All ALS First Responder service providers are to submit a standardized line item budget solely for the purposes of ALS First Responder Services. 2. The EMS Administration shall adopt appropriate rules and. regulations setting forth standard cost center/account definitions and implementation of those specific accounting requirements following GFOA standards. Such regulations shall also provide for cost center/account line item budget structure and defmitioris for allowable costs. 3. The budget process shall be in accordance with all applicable special laws and ordinances as codified in the Pinellas County code or as otherwise provided by law. 4. Those ALS first responder unit provided at the discretion of the provider and which are not funded by the Authority shall not be contained in the line item budget submitted for services to be funded. 5. Necessity of reserves. EMS funds shall only be utilized for the services contracted under the service agreement. To the extent that funds are received for capital or other items which are not currently expensed, such fuhds rust be held in a reserve account. b. Unspent excess ALS first responder reserves shall be returned to the Authority at level set by the Authority unless waived by the Authority. 7. Actual paramedic salaries (including overtime) for personnel assigned to staff authorized paramedic positions on ALS first responder units. Payroll detail and general ledger. detail shall be assigned to the proper ALS first responder cost center/account. 8. Actual paramedic benefits for personnel assigned to staff authorized paramedic positions on ALS first responder units. Cost detail and general ledger detail shall be assigned to the proper ALS first responder cost center/account. 9. Benefits may include the following: pensionlretirement contribution, disability, social security, group health/dental insurance, paid time off (holiday, sick, vacation), group life insurance, worker's compensation, and unemployment compensation. 10. Actual paramedic benefit costs incurred for personnel during actual hours while providing relief staffing for authorized paramedic positions on ALS first responder units. Cost detail and general ledger detail shall be assigned to the proper ALS first responder cost center/account. Such amounts to be paid in arrears based upon reasonable evidence of expenditure. March 17, 2009 Item # 23 Mocuments and Settingstiadmdd161Local SettingATemporary Internet Piles10LK13MReasonahle costs - draft 2.doc Attachment number 1 Page 12 of 14 11. Such salary pay ranges and benefit costs shall be consistent with the costs incurred by the city or fire district for positions not funded by EMS. 12. Total hours of work by primary or relief staff does not exceed 8,760 hours (24 hours x 365 days) for any authorized paramedic position in any given fiscal year. 13. Actual cost of uniforms, uniform accessories, health screenings, and other protective equipment for personnel assigned to staff authorized paramedic positions on ALS first responder units. 14. EMS shall provide all EKG equipment, medical equipment, radios, computers, medical waste disposal for Authority funded ALS first responder units. 15. EMS shall provide all medical supplies for Authority funded units to ensure standardization. 16. Costs for vehicle insurance for Authority funded rescue units. Cities and fire districts are responsible for fire apparatus. 17. Costs for Professional Liability Insurance to the limits authorized by the EMS Authority. [Limits and necessity of open of coi,er°age are being evaluated given sovereign innnunio, limits and claim history.] 18, Costs for State EMS license and vehicle pelniits for Authority funded units, certification costs for personnel assigned to staff authorized paramedic positions on ALS first responder units to include (state certification, ACLS, ITLS, etc.) 19. EMS shall provide or cause to be provided all continuing medical education (CME) training and training materials. CME shall be conducted on duty. 20. Qne (1) EMS Coordinator position (or partial position -25% of a Full Time Equivalent (FTE) for each unit for fire departments with less than four (4) Authority funded ALS first responder units. The actual salary and benefits are an allowable cost. Payroll detail and general ledger detail shall be assigned to the proper ALS first responder cost center/account. Benefits may include the following: pension/retirement contribution, disability, social security, group health/dental insurance, paid time off (holiday, sick, vacation), group life insurance, worker's compensation, and unemployment compensation costs for the EMS Coordinator's uniform, protective equipment, certifications, and training consistent with Paramedic provisions. 21. One (1) Rescue Lieutenant (LR) position for every five (5) Authority funded Rescue Units continuously staffed. New LR Units must be approved by the Authority. The actual Salary and Benefits are an allowable cost. Payroll detail and general ledger detail shall be assigned to the proper ALS first responder cost center/account. Benefits may include the following: Pension/retirement contribution, social security, disability, group health/dental insurance, paid time off (holiday, sick, vacation), group life March 17, 2009 Item # 23 C.-Mocuments and SettingsWrndd16ALocal SettingsUemporary Internet F'iies\oLK13BIRcasonable costs - draft 2,doc Attachment number 1 Page 13 of 14 insurance, worker's compensation, and unemployment compensation. Costs for the LR's relief staffing, uniform, protective equipment, certifications, and training consistent with Paramedic provisions. 23. EMS Administrative support positions must be approved by the Authority for only large agencies (more than 20 Authority funded paramedic positions). The actual salary and benefits are an allowable cost. Payroll detail and general ledger detail shall be assigned to the proper ALS first responder cost center/account. Benefits may include the following: Pension/retirement contribution, disability, social security, group health/dental insurance, paid time off (holiday, sick, vacation), group life insurance, worker's compensation, and unemployment compensation. Costs for the Odministrative support position's uniform, protective equipment, certifications, and. training consistent with paramedic provisions for certified paramedics filling any such position. 24. Acquisition, operation, maintenance, fuel and replacement of Authority funded and approved rescue vehicles. A rescue vehicle is a vehicle, staffed by two paramedics and solely intended for use in emergency medical response and which is equipped as an advanced life support vehicle in accordance with state law and local rules. The useful life of rescue vehicles shall be a minimum of 5 years. Fire Departments may maintain a maximum of a 25% in reserve rescue vehicles. 25. Acquisition, operation, maintenance, fuel and replacement of Authority funded and approved EMS coordinator and LR Vehicles. The useful life of EMS coordinator and LR vehicles shall be a minimum of 7 years. 26. Actual cost of fuel for Authority funded ALS engines less 20% to account for non-EMS activity.' B. COSTS `I'VHICH ARE NOT ALLOWABLE 1. The following are NOT "reasonable and customary" costs of providing ALS First Responder Services and are specifically disallowed: 2. Acquisition, Operating, Maintenance and Replacement Costs for: a. Fire Helmets, Bunker Gear, Self Contained Breathing Apparatus b. Fire Stations C. Fire Apparatus d. Contractor Funded Units e. Extrication Tools and Equipment £ Specialized Rescue Equipment g. Fire Related Expenses h. Expenses not specifically authorized as an Allowable Cost. 3. Miscellaneous overhead and indirect cost allocations associated with the city or independent fire district operating as an independent contractor including legal fees. March 17, 2009 Item # 23 C:1Documents and Settingsladmdd161Loca1 Settings\Temporary ]ntemet Fi1es\0LK13B\Rcasonab1e costs - draft 2.doc Attachment number 1 Page 14 of 14 C. EXCEPTIONS If any provider of ALS First Responder services believes that certain items or classes of costs which represent the reasonable and customary costs required to deliver the level of service established by the Authority and which costs are disallowed above or by the EMS Administration during the budget review, such Provider may submit a request for consideration of these items to the Authority at the time the budget is submitted to the Authority for approval. D. APPLICABILITY To the extent possible the providers should submit their documentation in support of their budgets in the form above for the 2009-2010 budget year. Commencing in 2010, this format shall be mandatory. March 17, 2009 Item # 23 C:1Documents and SettingAadmddl6lLocal SettingslTernporary Intemet HesloLK13OReasonable costs - draft 2.doc Attachment number 3 Page 1 of 3 RESOLUTION NO. 09-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS DELAY ACTION ON PROPOSED RESOLUTIONS ESTABLISHING LEVELS OF SERVICE AND CRITERIA FOR THE DETERMINATION OF REASONABLE AND CUSTOMARY COSTS FOR EMERGENCY MEDICAL SERVICE PROVIDERS; IF ACTION IS NOT DELAYED, OPPOSING THE PROPOSED RESOLUTIONS AND REQUESTING FUNDING TO REMAIN AT PRESENT LEVELS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 80-585, Laws of Florida, created a countywide Emergency Medical Services Authority ("Authority") whose governing body and membership is comprised of the Pinellas County Board of County Commissioners ("Board") and provided for a special election to create the emergency services special taxing district by countywide referendum; and WHEREAS, the electorate approved the creation of the emergency medical services taxing district, which allowed for all real property within the taxing district to be subject to an ad valorem tax sufficient to pay the cost of providing emergency medical services ("EMS"), not to exceed a maximum of 1.5 mills; and WHEREAS, the 2008 millage rate for EMS in Pinellas County was .5832 mills; and WHEREAS, the City of Clearwater ("City") was and continues to be a first responder, providing both basic life support and advance life support ("ALS"); and WHEREAS, Chapter 80-585, Laws of Florida, provided that full reimbursement shall be made by the Authority to the City as an EMS provider for the reasonable and customary costs of said services; and WHEREAS, the Board has proposed two resolutions establishing the levels of service for EMS providers and the criteria for the determination of reasonable and customary costs; and WHEREAS, the Board stated in the proposed resolution the following: "That while there is no specific legal standard for response times for ALS first responders, by agreement, the providers in Pinellas County have agreed to a response standard for emergencies where an ALS first responder will be on scene within 7 minutes and 30 seconds in 90 percent of their dispatch by emergency operators at the 911 center. This results in an average response time below this figure. Despite some variability among districts, the county-wide system response time currently exceeds this standard which the Authority finds is the result of excess response capacity in the system"; and ResoluK&M9023 Attachment number 3 Page 2 of 3 WHEREAS, although the proposed standard of requiring an ALS first responder to arrive on the scene of a medical emergency within 7 minutes and 30 seconds from the time that the ALS first responder receives notification of the call from the 911 emergency operators in 90 percent or greater of the dispatched calls is consistent with nationally recognized standards for the arrival of an ALS unit, the standard fails to account for the nationally recognized standards on having at least a basic, first-responder unit on the scene involving a patient in cardiac arrest, for example, within 5 minutes from the time that the first responder receives notification of the call from the 911 emergency operators in 90 percent or greater of the dispatched calls; and WHEREAS, the American Heart Association standard in existence on January 1, 1989, regarding the treatment of patients in cardiac arrest, indicated that the survival rate of a patient undergoing ventricular fibrillation is severely diminished unless a first responder provides CPR or defibrillation within 6 minutes of the patient's undergoing an attack; and WHEREAS, the average response time of the City on EMS calls during the month of January 1989 was approximately 4 minutes 52 seconds from the time that the City received notification of the call from the 911 emergency operator to the time that a first-responder unit arrived on the scene of a medical emergency; and WHEREAS, Chapter 89-424, Laws of Florida provided that in addition to determining the reasonable and customary costs for EMS providers, the Authority had the power to establish the level of service and that the level of service could not be lower than the level of service as of January 1, 1989, without the consent of the EMS provider; and WHEREAS, the City currently and in the more recent past has provided a first- responder unit on the scene of a medical emergency within approximately 5 minutes 30 seconds from the time that the City receives notification of the call from the 911 emergency operators in approximately 90 percent of the dispatched calls; and WHEREAS, the Authority provided the City from 1997-2007 with a monthly reimbursement incentive for responding to prioritized emergency calls within 5 minutes from the time that the City received notification of the call from the 911 emergency operators 90 percent of the time or greater; and WHEREAS, the Authority has provided the City in the current contract with a monthly reimbursement incentive for responding to prioritized emergency calls within 5 minutes 30 seconds from the time that the City receives notification of the call from the 911 emergency operators 90 percent of the time or greater; and WHEREAS, although the City's current EMS level of response exceeds the Authority's proposed standard, the City's current response times constitute an appropriate level of service to ensure the welfare of citizens in need of EMS; and WHEREAS, the City has been provided limited time to evaluate the impact of the proposed level of service and the criteria for determining reasonable and customary costs and needs additional time in order to accomplish a more comprehensive review of the EMS system and any potential changes; and 2 ResoluK&M9023 Attachment number 3 Page 3 of 3 WHEREAS, the Pinellas County EMS Advisory Council met on March 18, 2009, and voted to recommend to the Board that the Board delay action on the two resolutions for 30 days in order for the EMS Advisory Council to have the time to review the resolutions and provide comments; and WHEREAS, the City supports the recommendation of the Pinellas County EMS Advisory Council; and WHEREAS, the City wants to continue to provide a level of service for both EMS and fire services that is commensurate with the needs of the citizens of the City of Clearwater and Pinellas County; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council of the City of Clearwater hereby requests the Board to delay adoption of both resolutions until a complete evaluation of the proposed changes to the level of service and the criteria used in determining reasonable and customary costs has been completed by the Pinellas County EMS Advisory Council and all of the affected jurisdictions. Section 2. The City Council of the City of Clearwater further requests that the Board fund the 2009-2010 contract consistent with the terms of the current contract, which terminates on September 30, 2013. If the Board declines to delay adoption of the resolutions, this Council hereby expresses its opposition to the Board's resolutions that propose changes to the level of service and the criteria used in determining reasonable and customary costs for EMS providers. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of '2009. Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 3 ResoluK&M9023 ' l City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Meeting Date:3/19/2009 Cover Memo Item # 24