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08/05/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 8/5/2010- 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. Approval of Minutes 4.1 Approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. Attachments 5. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 6. 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 6.1 Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development, adding an objective and policies pertaining to the new categories, and pass Ordinance 8201-10 on first reading. (CPA2010-0600 1) Attachments 7. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 7.1 Approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for property at 110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South, Range 16 East, and pass Ordinances 8193-10 and 8194-10 on first reading. (LUZ2010-05001) Attachments 7.2 Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature Categories and the Zoning Atlas Amendment from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts,for property located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East) and pass Ordinances 8197-10 and 8198-10 on first reading and approve a Development Agreement for this property between Clearwater Christian College Private School, Inc. and the City of Clearwater and adopt Resolution 10-18. (LUZ2010-06002 and DVA2010-06001) Attachments 7.3 Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW 1/4 of SW 1/4 of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates), and deny passage of Ordinances 8195-10 and 8196-10 on first reading. (LUZ2010-06001) Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 8174-10 on second reading, annexing certain real property whose post office address is 133 West Grapefruit Circle, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.2 Adopt Ordinance No. 8175-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.3 Adopt Ordinance No. 8176-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.4 Adopt Ordinance No. 8178-10 on second reading, annexing certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.5 Adopt Ordinance No. 8179-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.6 Adopt Ordinance No. 8180-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1711 Lakeview Road, together with the abutting right- of-way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.7 Adopt Ordinance No. 8182-10 on second reading, annexing certain real property whose post office address is 1845 Audubon Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.8 Adopt Ordinance 8183-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.9 Adopt Ordinance No. 8184-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.10 Adopt Ordinance No. 8199-10 on second reading, Amending Chapter 32, Code of Ordinances, relating to residential reclaimed water service outside city limits within an incorporated area and location of reclaimed water service lines, and adding Interlocal Agreement as a means for providing service. Attachments City Manager Reports 9. Consent Agenda 9.1 Approve two work orders for American Recovery and Reinvestment Act Brownfields Assessment and Cleanup Revolving Loan Fund Activities for the CarPro site located at 1359 Cleveland Street to Cardno TBE, an Engineer of Record, in the amounts of $86,500 and $70,000 and authorize the appropriate officials to execute same. (consent) Attachments 9.2 Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing project revenue budgets by $15,665,240 of planned future bond proceeds, increasing project revenue budgets by $2,922,874 of utility renewal and replacement revenue, $8,323,626 of sewer revenue and $4,418,740 of water revenue for a total increase of $15,665,240, resulting in a net budget change of $0. (consent) Attachments 9.3 Approve agreement for external auditing services for fiscal years ending September 30, 2010 through 2014 with audit firm of Kirkland, Russ, Murphy and Tapp, for a not-to-exceed amount of $666,000 and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Approve the Addendum to the Agent of Record Agreement between the City of Clearwater and Gehring Group, Inc., providing for additional services to be included in the scope of services described in the initial Agent of Record Agreement dated May 2, 2001 and the Renewal of Agent of Record Agreement dated April 26, 2006. (consent) Attnchmentc 9.5 Approve the Amendment to the Administrative Services Agreement between the City of Clearwater and International City Management Association Retirement Corporation (ICMA-RC) for the 401a Money Purchase Pension Plan and the 457k Deferred Compensation Plan, to be effective October 1, 2010 through September 30, 2017. (consent) Attachments 9.6 Approve renewal of the Management Agreement with Clearwater Community Sailing Association (CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center's common areas to the CCSA in lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. (consent) Attachments 9.7 Ratify and confirm increasing the Blanket Purchase Order (BR505834) with Left Coast Excavation Inc. from $100,000 to $150,000 for additional labor and materials to install concrete at various Parks and Recreation sites and projects. (consent) Attachments 9.8 Ratify and confirm the establishment of a new Capital Improvement Project entitled Ross Norton Ballfield Improvements, CIP 315-93619, for $35,000 to be funded from a $25,000 grant from the Rays Foundation and transfer of operational funds of $10,000 to the new project. (consent) Attachments 9.9 Approve an increase to an existing three-year contract (purchase order BR504735) to Polydyne, Inc., of Riceboro, GA, increasing the contract by $169,869.28, for a new total value of $709,869.28 for Polymer Services (RFP 12-08), and authorize the appropriate officials to execute same. (consent) Attachments 9.10 Accept a Fire Hydrant and Utility Easement over, under and across a portion of the plat of 440 West, a condominium, as conveyed by 440 West, Inc. in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) Attachments 9.11 Accept a 2.5-foot Sidewalk Easement over, under, across and through a portion of Section 8, Township 29 South, Range 15 East as conveyed by Decade Companies Income Properties, LLC in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) Attachments 9.12 Approve a King Engineering Associates, Inc. work order in the amount of $779,978.00 to provide planning, design, permitting and other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT); approve a grant from the U.S. Environmental Protection Agency in the amount of $477,000; and authorize the appropriate officials to execute same. (consent) Attachments 9.13 Approve temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture "A Dolphin's Tale", and authorize the appropriate officials to execute same. (consent) Attachments 9.14 Reappoint Jamie Andrian Blackstone in the Resident category and Patrick O'Neil in the Agency or Government Representative category, with terms to expire August 31, 2014 to the Brownfields Advisory Board. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Accept the Town of Belleair's Resolution 2010-29 permitting Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and adopt Resolution 10-17. Attachments 10.2 Approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and authorize the appropriate officials to execute same. Attachments 10.3 Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establishing a parking ticket dismissal program, revising the time frame and fee structure for delinquent parking tickets, establishing a program allowing temporary or permanent removal or rental of municipal parking, modifying Appendix A, Schedule of Fees, and pass Ordinance 8168-10 on first reading. Attachments 10.4 Amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering schedules, and pass Ordinance 8202-10 on first reading. Attachments 10.5 Approve the timeline for negotiating changes to the Employees' Pension Plan, provide direction on changes desired, and appropriate $200,000 from General Fund retained earnings to pay for any costs incurred related to such changes including costs for legal and actuary services related to such changes. Attachments 10.6 Establish the Clearwater Greenprint Stakeholder Steering Committee and provisions for member eligibility, categories and term of office, adopt Resolution 10-20, and appoint committee members. Attachments 10.7 Approve the Council Policies Attachments 10.8 Amend Council Rule 6 and adopt Resolution 10-21. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 HLN Executive Committee/Committee Co-Chairs Recommendation on Ordinance Item. Attachments 12. Other Council Action 12.1 Lease Extensions for Crabby Bill's and Beach Concessions - Mayor Hibbard Attachments 12.2 Sea Oat Planting Attachments 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:8/5/2010 SUBJECT / RECOMMENDATION: Approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 1 Attachment number 1 Page 1 of 20 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER July 15, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. Unapproved To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation Pastor James Lancaster v r y tit Church 3. of 4. Presentations - Given 4.1 Service Awards Two service awards were presented to city employees. 4.3 End o Session eort bar Pete unbar and Martha denield Council 2010-7-15 Item #11 Attachment number 1 Page 2 of 20 Pete Dunbar reported on the results of the 2010 State Legislative Session, including the passage of Clearwater's local bill. He said 2011 will be a very difficult year regarding the State budget. Local government revenue caps, also known as Tax Payers Bill of Rights, will be front and center next year but what form it will take is unknown. Local government retirement plans, pending ordinance doctrine and hidden liens are also possible issues for the 2011 session. 4.4 ` , Orleans Presentation - Mayor Hibbard Mayor Frank Hibbard reviewed findings during his visit to New Orleans and expressed concerns regarding impact the oil spill has had on local tourism. 4.5 Official Patent Presentation This U.S. Patent number 7733242 was created by the Traffic Operations Division and is being presented to the City so that potential revenue can be achieved through development of this technology. The patent is titled "System, Method and Apparatus for Manual Control of a Traffic Light." This device will enable police officers to manually override a traffic signal and control it by remote control enabling the officer to stay secure in their police cruisers for up to a quarter of a mile away. It will also enable the officer to control multiple signals with one device for special events, accidents and other traffic related activities without being exposed to the weather or potentially hazardous conditions. Paul Bertels and Himanshu Patni are the inventors. 5. Approval of Minutes 5.1 Approve the minutes of the June 17, 2010 City Council Meeting as submitted in written summation b the City Clerk. Vice Mayor John Doran moved to approve the minutes of the June 17, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens Not t - Steve Sarnoff said the CWA ratification vote regarding the wage re-opener failed. Council 2010-7-15 Item #21 Attachment number 1 Page 3 of 20 Geri Raymond said Clearwaterbeach.com has received numerous calls from potential visitors regarding oil spill impact on Clearwater Beach. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the City of Clea ater's Fiscal Year 2010-11 Consolidated Action Plang to carry forward the goals and objectives set forth in the Plano as required bar HUD, and authorize the City to enter into _agreements with organizations contained in the FY2010-11 Consolidated Action Plan and authorize the ,rr yriate officials to execute same. The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement (CDBG and HOME) funding to prepare a comprehensive five (5) year Consolidated Planning document that evaluates the needs of the community and sets forth strategies to address those needs. The City's FY 2005-2010 Consolidated Plan was approved by Council in July 2005. As HUD is making improvements to the Consolidated Plan process, the City has been given a one-year extension to complete the FY2010-2015 Consolidated Plan. In addition, the City is required to create and implement an annual statement identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City's housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year. Funds are to be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low to moderate-income households. This year's Action Plan allocates federal funds to provide housing opportunities to extremely low to moderate-income households for new and existing homes, construction and/or renovation of public facilities, and to fund public services programs. In FY 2010-2011, the City is estimated to receive federal funds in the amount of $1,004,937 through the Community Development Block Grant (CDBG) and $565,055 through the HOME Investment Partnership Program. The total FY 2010- 11 allocation budget is $1,569,992. Funds provided through the HOME Program are limited to housing related activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition, and administration. Additional funding for the FY 2010-2011 budget will come from estimated program income funds and un-programmed prior year CDBG, HOME, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, etc). Council 2010-7-15 Item #31 Attachment number 1 Page 4 of 20 The city partners with several not for profit agencies to implement the goals and objectives the city had established in the Consolidated Planning Document. To obtain these partners, the city annually publishes a Notice of Funding Availability in the local newspaper and on its website in February. This notice informs the non-profits of the resources the city will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. The applications were due in April. The City received a total of 32 applications for funding requests. A Technical Review Committee (TRC) comprised of professionals in the social service and grants community and two members of the City's Neighborhood and Affordable Housing Advisory Board (NAHAB) reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to present at the monthly NAHAB meeting regarding their programs. City staff also reviewed each application to ensure it met HUD's baseline requirements. The NAHAB met on June 8, 2010 to approve the recommended allocations contained in the FY10-11 Consolidated Action Plan. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. The City may also provide funds for operating expenses to subrecipients who qualify as a Community Based Development Organization. The City received requests for Public Services funding in the amount of $575,779. The NAHAB has endorsed a sliding scale funding system for Public Services applicants that allows the top two scorers to receive 60% of their request; the second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. The maximum allocation per agency is $30,000. This method allows a majority of the Public Services applicants to receive funding. The Consolidated Action Plan is due to HUD on August 15, 2010. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2010. Councilmember Paul Gibson moved to approve the City of Clearwater's Fiscal Year 2010-11 Consolidated Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY2010-11 Consolidated Action Plan and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Council 2010-7-15 Item #41 Attachment number 1 Page 5 of 20 The project will involve resurfacing, restoring and rehabilitating existing pavement, and the construction and maintenance of sidewalk and minor drainage facilities within project limits. On February 9, 1971, as recorded in O. R. 3504, Page 654, public records of Pinellas County, Imperial Homes Corporation executed a Warranty Deed conveying to the City a 60-foot wide strip of land in the Northeast 1/4 of Section 8, Township 29 South, Range 16 East for right-of-way purposes. FDOT identifies this parcel as Parcel 101.01, Part A. In a later transaction dated October 13, 1980, U. S. Homes Corporation executed a Warranty Deed as recorded in O. R. 5111, Page 1198, public records of Pinellas County, conveying a small parcel of additional land in the Northwest 1/4 of Section 8, Township 29 South, Range 16 East as additional right-of-way for SR 590. FDOT identifies this parcel as Parcel 101.01, Part B. As Highway 590 is a state road operated and maintained by the State of Florida, conveyance of City interests in and to the subject parcels which form a portion of the existing roadway clarifies FDOT title and authority, and eliminates future City responsibility and liability within the project corridor. Councilmember Bill Jonson moved to Declare as surplus certain portions of land titled by the State of Florida, Department of Transportation (FDOT),as State Road 590, Section 15050-XXXX, Parcel 101.01 Part "A" and Part "B" lying and being situate in the Northwest 1 /4 and the Northeast 1 /4 of Section 8, Township 29 South, Range 16 East, find FDOT's application to transfer all City rights, title and interest therein to be a valid public purpose, authorize conveyance thereof to FDOT by City Deed, establish an effective date. The motion was duly seconded and carried unanimously. Council 2010-7-15 Item #51 Attachment number 1 Page 6 of 20 Resolution 10-13 was presented and read by title only. Vice Mayor John Doran moved to adopt Resolution 10-13. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 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 Pinellas County. The closest sanitary sewer line is located in the Calamondin Lane right-of-way and the applicant has paid the City's sewer impact fee. In coordination with the City's Engineering Department, at a future date, the sanitary sewer line will be extended to the adjacent West Grapefruit Circle right-of-way and the assessment fee will be paid. The owner 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 49 located at 565 Sky Harbor Drive. 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 A.6.4: Due to the built-out character of the City of Clearwater, compact Council 2010-7-15 Item #6I Attachment number 1 Page 7 of 20 urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL 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 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds 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 south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. It was suggested that staff confirm roll-off container and vehicle parked on grass have been removed. Vice Mayor John Doran moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 133 West Grapefruit Circle (Lot 22, Block 3 Virginia Groves Estates in Section 8, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8174-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8174-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-7-15 Item #71 Attachment number 1 Page 8 of 20 Ordinance 8175-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8175-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8176-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8176-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low ( L) and Initial onin Atlas esianation of Low Medium Densitv Residential (L R) District for 1711 Lakeview rind (Lot Lakeview Vista in ' ction 2 g Town si 2 Sout., ange 1 East); d Dees Ordinances 8178-10, 1 10 and 81 0-10 on first i ., "im.(ANX2010- This voluntary annexation petition involves a 0.21-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Lakeview Road and the east side of Laurel Drive. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.49-acres of abutting Lakeview Road and Laurel Drive rights-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development 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. The closest sanitary sewer line is located in the adjacent Lakeview Road right-of-way. 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 Council 2010-7-15 Item #81 Attachment number 1 Page 9 of 20 waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. 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 A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL 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 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds 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; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Vice Mayor John Doran moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1711 Lakeview Road (Lot 6, Lakeview Vista in Section 23, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Council 2010-7-15 Item #91 Attachment number 1 Page 10 of 20 Ordinance 8178-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8178-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Absent: Mayor Frank Hibbard. Ordinance 8179-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8179-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Absent: Mayor Frank Hibbard. Ordinance 8180-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8180-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.5 A,) i ._, the Annexation, Initial Land Use Ple n r #-F n-lion of PC--;Ant; ( L) _ -ind Initial Zoning Atlas Designation of Low N_6urn Density Residential (LMDR) District for 1845 Audubon Street (Lot 16, Gracemoor Subdivision in Section 13, Townshio 29 South, anoe 15 East): and oass Ordinances 8182-10, 8183-10 and 8184-10 on first reading. (A X2010®05001 } This voluntary annexation petition involves a 0.255-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the southwest corner of the intersection of Audubon Street and Regent Avenue, approximately 300 feet south of Druid Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the Council 2010-7-15 Item 401 Attachment number 1 Page 11 of 20 City. The property is located within an enclave and is contiguous to existing City boundaries to the north, east, and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RL) and a zoning category of Low Medium Density Residential (LMDR). 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. The closest sanitary sewer line is located in the adjacent Regent Avenue right-of-way. 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 II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Rd. 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 A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL 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 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, east and west; therefore the annexation is consistent with Florida Council 2010-7-15 Item 411 Attachment number 1 Page 12 of 20 Statutes Chapter 171.044. Staff was directed to track the comprehensive plan amendments that would be subject to referendum if Amendment 4 passes. Vice Mayor John Doran moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1845 Audubon Street (Lot 16, Gracemoor Subdivision in Section 13, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8182-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8182-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8183-10 was presented and read by title only. Councilmember Paul Gibson moved to pass Ordinance 8183-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8184-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8184-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-7-15 Item 421 Attachment number 1 Page 13 of 20 8. Second Readings - Public Hearing 8.1 Ado t Ordinance No. 81 -10on second re din- amendin Code of Ordinances Article VI, ivision Fir -' h -99aement Prr -I--- Ordinance 8185-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8185-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Ordinance 8187-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8187-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.3 Adopt _Ordinance No. 8188-10 on second reading, amending the Capital Iran rovement j for the Fiscal Year ending e ter ber 30, 2010, to reflect a net decrease -4 a , ;,709. Council 2010-7-15 Item 431 Attachment number 1 Page 14 of 20 Ordinance 8188-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8188-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. City Manager Reports 9. Consent Aw 9.1 Approve an Interlocal Agreement between the City of Clearwater and the Cities of Largo and St. Petersburg, and Pinellas County to establish a new consortium to update and expand the Analysis of Impediments to Fair Housing Choice, Clearwater's share not to exceed $5,000, and authorize the appropriate officials to execute same. (consent) 9.2 Authorize the release of a Request for Proposals for Tourism Marketing Services for the Citv of Clearwater for FY10-11. (consent) 9.3 Appoint Dan Carpenter as a Trustee of the Clearwater Firefighters Supplemental Trust Fund with the term expiring on June 30, 2014, in accordance with Sec. 175.061 of the Florida State Statutes. (consent) 9.4 Declare list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize appropriate officials to execute same. consent 9.5 Approve $100,000 settlement of the liability claim of Aviation Engineering Consultants, Inc. and authorize the appropriate officials to execute same. consent 9.6 Approve the transfer of $2.1 million dollars from unrestricted net assets (reserves) in the below listed funds to Special Revenue Project 181-99874 to cover the costs of the retirement incentive packages. (consent) 9.7 Award a contract (Purchase Order) to Ancom Systems, Tampa, FL for upgrade services (hardware and software) to the City's Nortel phone switches at various locations at a cost not to exceed $314,198 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1, and authorize lease purchase financina throuah Bancorp Bank d/b/a Mears Motor Leasina.Orlando. FL and authorize the appropriate officials to execute same. (consent) 9.8 Amend the operating budget for the Harborview Center from $168,080 to $250,204 to fund additional expenses related to closing the facility and for future maintenance needs of the building: funding to come from proceeds of the sale of furniture and furnishings of the Harborview Center. (consent) Council 2010-7-15 Item 441 Attachment number 1 Page 15 of 20 9.9 Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $87,366. (consent) 9.10 Amend leases of real property located at 701 North Missouri Avenue, commenced July 21, 2003, and 918 Palmetto Street, dated February 1, 2006, to Head Start Child Development and Family Services, Inc., for the purpose of establishing respective federal interest therein, and authorize appropriate officials to execute same. (consent) 9.11 Grant and convey to Florida Power Corporation, doing business as Progress Energy Florida, Inc., a Florida corporation ("Grantee"), a 10-foot wide temporary Distribution Easement defined as lying 5-feet each side of Grantee's facilities to be installed at mutually agreeable locations over, across and through Lot 3 through 15, Stevenson's Creek Subdivision, and authorize the appropriate officials to execute same. (consent) 9.12 Ratify and confirm Change Order 2 to Castco Construction, Inc. of Largo, FL for the 2009 Bridge Rehabilitation Project (09-0050-EN), increasing the contract amount by $25,419.23, for a new contract total of $207,401.98. (consent) 9.13 Accept a 5 foot Reclaimed Water Main and Utilities Easement over, under and across the West 5 feet of Lot 11, Renaissance Oaks, as conveyed by Eric Beck and Leah B. Beck, in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 9.14 Appoint Councilmember Jonson as a voting delegate to the Florida League of Cities Annual Conference, August 19-21, 2010. (consent) 9.15 Authorize civil action on behalf of the City against Nicholas J. Komarnitzky to seek to recover costs and expenses to repair a City owned sign, which sustained damage due to a traffic accident caused by Mr. Komarnitzky. (consent) Councilmember George N. Cretekos moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 10. Other Items on City Manager Reports Council 2010-7-15 Item 451 Attachment number 1 Page 16 of 20 Clearwater has currently extended a reclaimed water line outside City limits to the Belleair Country Club. The line runs past Willadel Drive in Belleair. User residents along Willadel Drive have requested to tap into the reclaimed water main for their irrigation needs. Public Utilities staff has researched the feasibility, and can favorably accommodate these residents. The Town of Belleair has an agreement with Pinellas County to treat the town's wastewater and provide gallon for gallon reclaimed water to Belleair. Belleair then provides the reclaimed water to two golf courses. Belleair Country Club requested reclaimed water from Clearwater because not enough reclaimed water is being provided by Belleair. Reclaimed water is not available to residents of the town, including those along Willadel Drive. Clearwater has an adequate supply of reclaimed water to meet all needs in the City. Only two City-initiated reclaimed water projects remain in Clearwater. Citizen-initiated projects will provide line extensions of existing projects. Additional users of reclaimed water for irrigation will reduce the discharge of treated effluent to surface water bodies. Willadel Drive homeowners: 1) will share the construction costs for the extension of reclaimed water services; 2) will pay the availability charge as well as customer charges that apply to residential service outside the city limits of Clearwater; 3) are aware of the additional charge; and 4) are excited to be receiving reclaimed water service. No availability exemptions will be provided. Another amendment, altering the proximity of underground reclaimed lines to potable water and wastewater lines changes from five (5) to three (3) feet, brings Clearwater code into alignment with State law. The service line to meter box proximity will remain at three (3) feet. This Ordinance shall take effect immediately upon adoption. In response to a question, Public Utilities Director Tracy Mercer said the homeowners will be paying the cost of construction of the extension. Councilmember George N. Cretekos moved to amend Chapter 32, Code of Ordinances, relating to residential reclaimed water service outside city limits within an incorporated area and location of reclaimed water service lines. The motion was duly seconded and carried unanimously. Council 2010-7-15 Item 461 Attachment number 1 Page 17 of 20 Ordinance 8199-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8199-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. The City Manager's recommended millage rate is 5.1550 mills. The rate is 10.52% less than the rolled-back rate of 5.7610 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 10.52% decrease from the rolled-back rate of 5.7610 mills. Historical millage rates and ad-valorem proceeds are available, as well as comparisons for estimated receipts under the proposed millage rate of 5.1550 mills, a 3% millage rate increase, and the rolled back millage rate on the attachment to this agenda item. The proposed millage rate as well as other TRIM millage rates that will be noted on the 2010 TRIM compliance forms are as follows: 5.1550 mills - Proposed millage rate 5.7610 mills - Rolled back millage rate 6.8847 mills - Maximum majority vote rate 7.5732 mills - Maximum two-thirds vote rate Budget Director Tina Wilson provided a power point presentation. In response to questions, City Auditor Robin Gomez said the city's utility tax is not the Council 2010-7-15 Item 471 Attachment number 1 Page 18 of 20 highest in Pinellas County. All municipalities levy some public service tax and franchise fees. Government entities and schools are exempt from public service taxes. One individual spoke in support. One individual supported increasing the millage rate. One individual expressed concerns with the city's Pension Fund. Finance Director Margie Simmons said the State of Florida sets minimums for public safety pension plans. The city uses a mixture of investments to stabilize the fund. One individual suggested consolidating public safety services with Pinellas County for cost savings. Discussion ensued with concerns expressed regarding long-term sustainability and impact to maintain city services. Councilmember Bill Jonson moved to adopt a tentative millage rate of 5.1550 mills for fiscal year 2010/11 and set public hearing dates on the budget for September 9, 2010 and September 22, 2010, to be held no earlier than 6:00 p.m. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 U date on e airs to Reclaimed Water Lines Engineering Director Mike Quillen said the boat slip contractor hit a reclaimed water line on Friday. The contractor has been responsive and planned temporary patch repair. Instead, staff has asked the contractor to submit plans for a permanent repair. The Council recessed from 8:13 p.m. to 8:20 p.m. 12. Other Council Action 12.1 Sea Oat Planting Parks and Recreation Landscape Manager Brian Murphree provided a power point presentation and reviewed the sand management operation. The raking and cleaning operation occurs 7 days a week. Staff has identified 4 strategic areas on Beach Walk to deflect sand movement and protect existing structures by planting sea oats. Mr. Murphree said the assertive sand maintenance plan will control the growth of the dunes horizontally and vertically. Council 2010-7-15 Item 481 Attachment number 1 Page 19 of 20 In response to questions, Parks and Recreation Director Kevin Dunbar said the original design for Beach Walk has structures further out to protect the access points but the Department of Environmental Protection would not permit. The daily raking of sand around the dune plantings will not allow the dunes to spread. The maximum height is expected to be 5.5 feet. Snow fences are a permitted activity used to create a dune and must remain in place year-round. Six individuals spoke in opposition and one in support. Discussion ensued with concerns expressed regarding unintended consequences if sea oats are planted. Vice Mayor John Doran moved to give guidance to staff to proceed with sea oat planting in areas 1 through 4 and 9, and to give away the remaining sea oats. The motion was duly seconded. Upon the vote being taken: "Ayes": Vice Mayor John Doran and Councilmember George N. Cretekos. "Nays": Mayor Frank Hibbard, Councilmember Paul Gibson, and Councilmember Bill Jonson. Motion failed. Councilmember Paul Gibson moved to entertain the same guidance at the next meeting and to direct staff to provide additional information on hardscape solution, feedback from the Environmental Advisory Board. The motion was duly seconded. Upon the vote being taken: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": Councilmember George N. Cretekos. Motion carried. 12.2 CE T Group..- Councilmember Jonson Councilmember Bill Jonson questioned if program was still active. Fire Chief Jamie Geer said the CERT Group was discontinued because the training requirements exceeded what current staff could manage. Asked those still active to report storm impacts in their neighborhoods. Chief Geer said the county should adopt a model for municipalities to follow. Council 2010-7-15 Item 491 Attachment number 1 Page 20 of 20 12.3 Citizen Advisory Board eriodic e orts - Councilmember Jonson Councilmember Bill Jonson questioned if city advisory boards provide periodic reports to council. Discussion ensued with comments that advisory boards report and provide feedback when needed. Concern was expressed with mandating a report. Staff was directed to anticipate topics of interest with appropriate advisory boards before issues are brought to Council. 12.4 LC Lff Policy Committ, ® C In ilmember Jonson Consensus was for Councilmember Bill Jonson to apply for the committee of his choice. 13. omments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events, encouraged all to vote for Clearwater as the Best Tennis Town, and offered condolences to the Steinbrenner Family. 14. Adjourn The meeting was adjourned at 10:09 p.m. Mayor City of Clearwater Attest City Clerk Council 2010-7-15 Item 901 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/5/2010 Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development, adding an objective and policies pertaining to the new categories, and pass Ordinance 8201-10 on first reading. (CPA2010-06001) SUMMARY: The Federal Transit Administration's (FTA) New Starts Program funds fixed guideway projects. The Alternatives Analysis is the first step in fulfilling the New Starts criteria. The Tampa Bay Area Regional Transportation Authority (TBARTA), Pinellas County Metropolitan Planning Organization (MPO), Pinellas Suncoast Transit Authority (PSTA) and Florida Department of Transportation (FDOT) signed a Memorandum of Understanding to undertake an FTA Alternatives Analysis. The Alternatives Analysis will identify a preferred transit alignment and station locations in Pinellas County. The second step in competing for funding in the New Starts program is justifying transit projects by having transit supportive land use policies. The TBARTA Land Use Working Group developed transit oriented development guiding principles. Using these principles throughout the Tampa Bay area will make it easier to work towards common goals and effectively compete for funding. This amendment contains transit-oriented development policies based on TBARTA's guiding principles. The Planning and Development Department is proposing amendments to the Clearwater Comprehensive Plan that add plan classification categories for transit oriented development and an objective and policies pertaining to the new categories. The new categories and their intensity standards are as follows: L• Urban Center Downtown 11: Suburban Center III: Neighborhood Center IV Complete Street Corridor The policies address the following issues: How transit station locations and typologies are determined; How transit station area plans are adopted; How transit station area planning is handled when it traverses jurisdictional boundaries; What each transit station area plan must include; The guiding principles to be followed in the planning, design and development of transit station area plans as related to: - Community & Economic Development - Land Use - Mobility - Parking - Urban Design A copy of the staff report, which contains further analysis and information on the proposed amendments, is availaWpr Memo The Community Development Board (CDB) reviewed the proposed plan amendment at its meeting on July 20, 2diRr if Manning and Development Department will report its recommendation at the August 5, 2010 City Council meeting. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 3 ORDINANCE NO. 8201-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE FUTURE LAND USE ELEMENT BY ADDING PLAN CLASSIFICATION CATEGORIES FOR TRANSIT ORIENTED DEVELOPMENT AND ADDING AN OBJECTIVE AND POLICIES PERTAINING TO THE NEW CATEGORIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City Council approved Ordinance Number 8088-09, which amended the Comprehensive Plan of the City on November 17, 2009; and WHEREAS, the City Council approved Ordinance Number 8134-10, which amended the Comprehensive Plan of the City on May 20, 2010; and WHEREAS, the Tampa Bay Area Regional Transportation Authority (TBARTA) adopted a Regional Transportation Master Plan for the Tampa Bay Area in May 2009; and WHEREAS, the Regional Transportation Master Plan identifies future rail service for portions of the City of Clearwater; and WHEREAS, the Pinellas County Metropolitan Planning Organization adopted in December 2009 a new Long Range Transportation Plan that incorporates a comprehensive system of transit service with rail service to be developed in phases; and WHEREAS, TBARTA, the Pinellas County Metropolitan Planning Organization (MPO), the Pinellas Suncoast Transit Authority, and the Florida Department of Transportation signed a Memorandum of Understanding (MOU) in 2010 to jointly undertake a Federal Transit Agency Alternatives Analysis to identify corridors in Pinellas County for the first phase of a future rail or fixed guideway transit system; and WHEREAS, the signatories to the MOU have identified the general transit planning area in Pinellas County that will be the focus of the Alternatives Analysis; and WHEREAS, transit station locations will be determined as part of the Alternatives Analysis; and WHEREAS, those jurisdictions that will be traversed by the future rail or fixed guideway transit system must ensure that their local comprehensive plans contain Ordinance No.IbM-A(2 Attachment number 1 Page 2 of 3 policies that integrate transit with supportive land use policies, such as enabling transit oriented development around transit stations; and WHEREAS, TBARTA has developed transit oriented development guiding principles for incorporation into local comprehensive plans; and WHEREAS, the Future Land Use Element of the Comprehensive Plan is being amended to include new policies to support appropriate land use planning and development in proximity to rail or fixed guideway transit stations once they are identified through the Alternatives Analysis; and WHEREAS, amendments to the Comprehensive Plan have been prepared in accordance with the applicable requirements of law, after conducting appropriate planning analysis and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 2 to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.187 or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 2 Ordinance No. 8201-10 Item # 2 Attachment number 1 Page 3 of 3 Approved as to form: Leslie Dougall-Sides Assistant City Attorney Frank Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk Ordinance No. 8201-10 Item # 2 Attachment number 2 Page 1 of 11 EXHIBIT A ATTACHMENT TO ORDINANCE 8201-10 AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Amend following Policy A.2.2.1 of Goal A.2 of the Plan on pages A-6-A-9 as follows: Exhibit A Ordinance Nd.tMl#(Q Attachment number 2 Page 2 of 11 A Q Q Q 7? 7? x yy F? 7? 7? "C a 7:$ 7:$ 44, ? •? •? •? Q ? Q Q x x Q Q Q 4 ?Q ? a a as a? ?? ?? ?x ?x? U _ W ? O ? O O O O ? U ? ?' ? O w w w w w w o qs F .. i, U U ? U U U U U '-?' 'C U 'C O S i 7:$ U CZ 00 y ?-- cn cn cn cn Cc?z - k r) ? U ? U N N N N ? y " bA pA ?"" CC bA ? " ? ? ? ? E'? >> V Q >> V Q > V > V > V > V P U ,? E? N i-i •i S Q O O O O _N V N r- kr) ? J .i 0 Q U c ? ? a ? ? ? U U U ?bA I? W N ? ? U N ? ? ? .0 w V 0 '? ?"i Li O '? ? •? ? •? N N •? z a N Q Q ?". U ?O U ?" U Q Q N ?" FLI a U U O O ? N O N p N ? G N U z 0 H 00 9 70. x ? w ? a ? a ? x • 0 0 N Z 0 w N Item # 2 Attachment number 2 Page 3 of 11 ? 0 0 0 0 ? ? a Q Q Q Q ? 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Qy ^ Q H Cd U "'a U Cd U dF W) Item # 2 Attachment number 2 Page 6 of 11 0 0 0 C p Cz ,y 0 U .y Cz Y 0 0 .ter N U ? U O "a 7-r y 0 U ? 7-r U O -a U 7 m O ?. U N C O O U O Cz U ? .r Cz 6 O' U a U Cz y cC U U U O r O O O ?r yNs?? W ca ? U O m U O P U cC Cz U bq U C?t cC O C Ct Y ??/l yry ?--U Cz a U 0 o U ?. A ? .y ¢ Cz D U Y N M ? 110 Item # 2 Attachment number 2 Page 7 of 11 AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Add following Objective and Policies to Goal A. 6 of the Plan on page A-21 as follows: A.6.10 Obiective - Create energy-efficient transit oriented development where residents, visitors and tourists can travel to a variety of places without using a personal vehicle, provide direction for transit-supportive development and redevelopment in transit stations areas that makes it convenient for people to walk and use transit, and incorporate the land use and economic development criteria outlined in the Federal Transit Administration New Starts Planning and Development Process. Policies A.6.10.1 Plan for transit oriented development around transit stations that are part of a rail or fixed guideway system as established in the Pinellas County Metropolitan Planning Organization Lon_ Range Transportation Plan. Transit station locations and typologies will be determined at the conclusion of the Pinellas Alternatives Analysis through a multi-agency joint planning process. A.6.10.2 When the location of fixed-guideway transit stations and station typologies have been determined through the process described in A.6.10.1, the city will delineate station areas where transit oriented development will be directed and adopt transit station area plans after consideration of input from a community involvement process. A station area will generally comprise the area within a '/2 mile radius (easy walking distance) of the transit station. A.6.10.3 If a transit station area encompasses more than one jurisdiction, the city will coordinate with the other affected jurisdiction(s) in determining the station area boundary and developing the transit station area plan. A.6.10.4 Each transit station area plan must include existing conditions, neighborhood context, station area types, redevelopment vision, concept plan, market research and development projections, land use recommendations, zoning requirements, building standards, site development standards, street cross sections, streetscape development standards, pedestrian and bicycle access plans, public infrastructure improvements, wayfinding plan, public realm and open space plan, parking plan and implementation plan. A.6.10.5 Where a transit station area coincides with the area governed by Clearwater Downtown Redevelopment Plan (Downtown Plan), the development of the Transit Station Area Plan will be closely coordinated with and, potentially, integrated into the Downtown Plan to ensure consistency in approach and implementation strategies. Amendments to the Downtown Plan may be required to ensure that the specific tares intensities related to the transit station typologies will be accommodated. Exhibit A Ordinance Nd.tMl#(Q Attachment number 2 Page 8 of 11 A.6.10.6 Optimize the potential of transit oriented development to support transit investments and create livable and sustainable urban communities by adhering to the following guiding principles in the planning, design, and development of transit station area plans: a. Community & Economic Development (1) Recognize that each station area around a rail or fixed guideway transit station is different and that each station area is located within its own unique context and serves a defined purpose in the context of the transit corridor and the regional transit system. tem. (2) Conduct a location-based market analysis for development projections to identify land use mix and density/intensity of uses to make more viable. (3) Ensure the land uses along transit routes and station locations are appropriate for the transit type. (4) Establish a method for preparing transit station area plans that engages multiple stakeholders including government agencies, development interests and the public. (5) Promote the implementation of transit station area plans through regulatory and financial incentives, public-private partnerships, joint/shared facilities, environmental remediation and property aggregation. (6) Consider the Clearwater Economic Development Strategic Plan goals when planning for transit station areas. b. Land Use (1) Mix complementary, compact and well-integrated land uses within station areas and the area of influence up to one mile around stations. (2) Promote a range of higher-density and intensity uses in station areas, including residential, office, service-oriented retail and civic uses that support transit ridership and takes advantage of the major public investment in transit. (3) Provide greater flexibility for mixing uses and higher density/intensity that is easier to implement than traditional requirements and are able to respond to changing conditions. (4) Provide a mixture of housing types affordable to households with a ranize of incomes within station areas. (5) Provide uses that serve the daily needs of residents, commuters Exhibit A Ordinance Nd.tMl#(Q Attachment number 2 Page 9 of 11 and visitors (e.gygrocery, laundry, banking, fitness centers, and parks). (6) Ensure appropriate transition in densities, intensities and building heights, concentrating the highest densities closest to the transit station and transitioning to lower densities at the edges of the station area, especially when adjacent to lower-density development (e.g. single-family neighborhoods). (7) Require active uses that attract/generate pedestrian activity such as retail and office on the ground floor of buildings, including parking garages. (8) Identify station area types that address transit technology, community character, density/intensity and mix of land uses, housing mix, and building heights. (9) Discourage loss of industrial lands due to station area development. c. Mobility (1) Make the pedestrian the focus of the transit oriented development strategy without excluding vehicular traffic. (2) Provide an extensive pedestrian system that minimizes obstacles, provides connectivity with shorter walking distances, and provides protection from the elements where appropriate. (3) Create continuous, direct, safe, and convenient transit and pedestrian linkages, including walkways between principal entrances of buildings and adjacent lots. (4) Design the pedestrian network for the anticipated pedestrian level of service. Provide wide sidewalks and unencumbered walkways on key _pedestrian corridors. (5) Design streets to be multimodal "complete streets," with an emphasis on pedestrian and bicycle safety, access and circulation. Incorporate traffic calming and context sensitive street design, as appropriate. (6) Design an interconnected street network based upon a block system, with blocks at the appropriate maximum length for the station type. (7) Provide pedestrian and bicycle networks to connect dead-end streets, pass through long blocks, and create public pathway station areas. (8) Accommodate local and regional multimodal connections for all Exhibit A Ordinance Nd.tMl#(Q Attachment number 2 Page 10 of 11 des of vehicular transport, including, where applicable, trains, buses, bicycles, cars, watercraft, aircraft and taxicabs. d. Parking (1) Require a coordinated approach to vehicular parking for all developments within one mile of station locations. (2) Develop area-wide parking strategies through a coordinated approach to vehicular parking for all development within the station area. (3) Implement parkin strategies, including shared and centralized parking, and reduce parking requirements over time with the option of imblementini! barkiniz maximums as station area development becomes increasingly integrated with transit service. (4) Require transit station area plans or large-scale site plans to include a parking plan that reduces the number of spaces as the transit system evolves and station area development becomes increasingly integrated with transit service. (5) Discourage large surface parking lots within 1/4 mile of transit stations. (6) Require structured parking within transit station areas, when and where appropriate. (7) Provide bicycle parking and encourage other bicycle amenities, such as bicvcle rebair_ rental. and cvclist comfort stations. (8) Provide park and ride facilities where appropriate e. Urban Design (1) Use urban design to create sense of place, enhance communitX identity and make attractive, safe and convenient environments within station areas. (2) Adopt building design guidelines based on street types such as pedestrian priority streets where building fronts, doors, windows, and elements that protect the pedestrian from rain and sun are emphasized and secondary streets where buildings rears and service areas may be tolerated. (3) Require building frontage to be oriented to public streets or open space with minimal setbacks. (4) Require building entrances to be located to minimize the walking distance between the transit station and the building entrance. 10 Exhibit A Ordinance Nd.tMl#(Q Attachment number 2 Page 11 of 11 (5) Prohibit motor vehicle surface parking between building fronts and public rights-of-way. (6) Require clearly delineated pedestrian pathways through surface parking lots to the transit station. (7) Require parking structures to include active uses along the ground floor street frontage. (8) Incorporate sustainable technologies in station design and operations, such as in lighting, signage, audio/visual, cooling waste management, landscape, and stormwater systems. (9) Develop graphic wayfinding systems to facilitate visitor and tourist navigation of station areas. (10) Make safety, with the emphasis on pedestrian, bicycle and Americans with Disabilities Act access, a key_ focus of the transit oriented development strategy. (11) Require open spaces to be engaging, high qualily public spaces that function as organizing features for buildings and gathering places in station areas. 11 Exhibit A Ordinance Nd.tMl#(Q Attachment number 3 Page 1 of 4 CDB Meeting Date: July 20, 2010 Case Number: CPA2010-06001 Ordinance No.: 8201-10 Agenda Item: E. 5. CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Comprehensive Plan Amendment Related to the Adoption of a Transit Oriented Development Objective and Policies INITIATED BY: City of Clearwater Planning & Development Department BACKGROUND: In January 2010, the Tampa Bay Area Regional Transportation Authority (TBARTA), Pinellas County Metropolitan Planning Organization (MPO), Pinellas Suncoast Transit Authority (PSTA) and Florida Department of Transportation (FDOT) signed a Memorandum of Understanding to jointly undertake a Federal Transit Agency (FTA) Alternatives Analysis to evaluate mode and corridor alignment options for the first phase of a regional transit system in Pinellas County. The Alternatives Analysis will identify a preferred transit alignment and station locations between the cities of St. Petersburg and Clearwater. These cities and other local governments within the Alternatives Analysis corridor will participate in the decision study making process, especially as it relates to location and typology of transit stations within their jurisdiction. A significant portion of the proposed transit project funding will be sought from the FTA New Starts program. Under this highly competitive program, transit projects are evaluated and justified according to a variety of criteria including cost effectiveness, transit supportive land use/future patterns, mobility improvements, environmental benefits and "other factors," such as economic development. The transit- supportive land use criterion considers 1) existing land use, 2) transit-supportive plans and policies, and 3) performance and impacts of policies. The inclusion of transit-oriented development policies in the Clearwater Comprehensive Plan will improve the project rating potential for the New Starts grant application. Similar transit supportive comprehensive plan amendments are currently being proposed by Pinellas County and the City of St. Petersburg. The Pinellas Planning Council is also undertaking a series of amendments to their planning documents to provide a framework for consistency with land use policies. These amendments draw heavily from the transit oriented development guiding principles developed by the TBARTA Land Use Working Group. These guiding principles provide a common language among jurisdictions that will make it easier to work towards common goals, especially where transit projects cross jurisdictional boundaries, and enhance the region's ability to effectively compete for federal funding. ANALYSIS: Transit oriented developments are moderate to high density, mixed-use, walkable developments designed to maximize access to public transportation. A transit oriented development neighborhood (i.e., transit station area) typically has a center with a transit station surrounded by compact, relatively high-density development that progressively decreases in development density and intensity with increasing distance from the center, typically within '/Z mile of the transit station, the distance most pedestrians are willing to walk. A transit oriented development incorporates features that facilitate pedestrian access to the transit Community Development Board - July 20, 2010 CPA2010-06001- Page 1 Item # 2 Attachment number 3 Page 2 of 4 station, such as interconnected street networks, bicycle and pedestrian facilities, and street-oriented site design. Successful transit oriented development provides an integrated mix of land uses and densities that create a convenient, complete and vibrant community. The benefits of transit oriented development go beyond maximizing transit ridership potential. Transit oriented developments by design are pedestrian friendly, less land consumptive and more accessible due to the proximity of multiple uses and the accommodation of multiple modes of transportation. This type of innovative, efficient and livable urban form is supported by the Clearwater Comprehensive Plan. Within transit oriented developments, multiple destinations are located within close proximity, thereby adding convenience and providing time and cost savings. Higher density/intensity developments may also provide more housing choices and support housing affordability. Businesses located in transit oriented developments can optimize the use of land and building space while increasing accessibility to their clients and workforce, resulting in more efficient operating costs. Moderate to high density mixed use developments create opportunities to live, work and shop in close proximity and ultimately promote greater transportation choices. Transit oriented developments create strong jobs- to-housing balances, decrease dependence on single occupant auto trips and reduce parking requirements, all resulting in reductions to area-wide vehicle miles traveled (VMT) and supporting energy conservation. Public transit, combined with reduced private automobile usage, reduces the consumption of fossil fuels and the potential emission of greenhouse gases. The increased convenience, accessibility, and available amenities resulting from the close proximity of multiple diverse uses reduce travel cost and time for residents and employees. Access to transit and other modes of transportation results in increased mobility, especially for the transportation disadvantaged population, and reduced household costs for auto ownership and operation. Transit provides access to a larger employment pool, resulting in higher productivity for businesses. Decreased dependence on private automobiles reduces parking requirements and enhances development opportunities. The proposed amendment adds transit oriented development Future Land Use Map classifications to the table referenced in Policy A.2.2.1. These classifications establish primary uses and intensity ranges (floor area ratio) for four transit station area types of varying scale and intensity as follows: Classification Minimum and Maximum Intensity • Type L Urban Center Downtown • FAR 1.5-7.0 (no limit on maximum FAR within 1/8 mile of the transit station) • Type II: Suburban Center • FAR 0.5-5.0 • Type III: Neighborhood Center • FAR 0.5-3.0 • Type IV: Complete Street Corridor • FAR 0.5-2.0 The proposed amendment also adds an objective and five policies to Goal A.6, which states that the City shall utilize innovative and flexible planning practices. The proposed objective states that transit oriented development will be created in the City, and that such development will incorporate the criteria from the FTA New Starts Planning and Development Process. The policies address the following issues: • How transit station locations and typologies are determined; • How transit station area plans are adopted; • How transit station area planning is handled when it traverses jurisdictional boundaries; • What each transit station area plan must include; • How transit station area plans will relate to the Clearwater Downtown Redevelopment Plan (Downtown Plan) Community Development Board - July 20, 2010 CPA2010-06001 - Page 2 Item # 2 Attachment number 3 Page 3 of 4 The guiding principles to be followed in the planning, design and development of transit station area plans as related to: o Community & Economic Development o Land Use o Mobility o Parking o Urban Design The guidelines contained in each focus area are based on transit oriented development guiding principles developed by the TBARTA Land Use Working Group. The City's unique context, goals and existing policy framework were taken into consideration when developing guiding principles for the City's comprehensive plan. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Comprehensive Plan are consistent with existing goals, policies and objectives in the Plan. From the Future Land Use Element, Goal A.6 states that the City shall utilize innovative and flexible planning practices. Transit oriented development is an innovative alternative to traditional Euclidian zoning patterns as it encourages a finer-grain and integrated mix of uses. Further, Policy A.6.1.1 states that redevelopment shall be encouraged by providing development incentives, such as density bonuses. Because transit oriented development is served by mass transit, it demands higher density from the market, and our regulatory framework will allow such. Transit oriented development fits perfectly into Policy A.6.8.1 which calls for the building of active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. These amendments also further implement Policy A.6.8.7, to create mixed-use, higher density, livable communities through design, layout and use of walkability techniques within existing and proposed transit corridors, including proposed TBARTA lines and stations. Transit oriented development also furthers Goal B.3 which states that the city shall support the efforts of mass transit service operators to provide generalized and special mass transit services. In addition, these amendments further Policy 1-1.1.1.2, which states that Clearwater supports intergovernmental coordination in transportation and mass transit planning, through the MPO, PSTA, and TBARTA. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendment will add a new objective and five supporting policies to the Future Land Use Element that promotes intergovernmental cooperation, innovative planning practices, redevelopment incentives, the continued support of the tourism industry in the City, and provides for a variety of transportation options. The amendment also adds new future land use categories to the table found in Policy A.2.2.1. consistent with those proposed by the Pinellas Planning Council in the Countywide Plan Rules. The objective, polices, and future land use category additions are not in conflict with the Comprehensive Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. Community Development Board - July 20, 2010 CPA2010-06001- Page 3 Item # 2 Attachment number 3 Page 4 of 4 Transit oriented development will be located within designated Transit Station Areas; Specific Transit Station Area Plans will be developed and adopted. These plans will regulate land use and zoning and thus will consider the unique context of each Transit Station Area and compatibility with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. The adequacy of public facilities will be assessed as part of the planning process for Transit Station Area Plans. Based on current public facility capacity, it is anticipated that adequate public facilities will exist to accommodate future transit oriented development within transit station areas. 5. The amendment will not adversely affect the natural environment. Any development that should occur as a result of the proposed amendments must comply with impervious surface ratio standards, the City's tree preservation requirements, as well as drainage and water quality standards. Therefore, the proposed amendment will not adversely affect the natural environment. 6 The amendment will not adversely impact the use of property in the immediate area. The proposed amendment provides policies to direct the character of public and private development within designated Transit Station Areas. Transit Station Areas have not yet been identified, therefore, property impacts are unknown at this time. The potential for property impacts will be determined during the development and adoption of specific Transit Station Areas, which will include opportunity for public input. SUMMARY AND RECOMMENDATION: Metropolitan areas across the U.S. and around the world have realized that complete transportation systems offering choices and alternatives are integral to sustainability and economic competitiveness. The proposed comprehensive plan amendment is the City's first step in creating a framework of policies and regulations that support a modern and sustainable regional transportation system. Transit oriented development has enormous potential to help the City and region strengthen the transportation-land use connection, stimulate redevelopment where desired, foster active, economically vibrant and livable neighborhoods designed at a human scale. The proposed amendment supports an intergovernmental effort to secure funding for a modern, regional transportation system. The proposed amendment will further the goals, objectives and policies of the Clearwater Comprehensive Plan, is consistent with other provisions of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8201-10 that amends the Clearwater Comprehensive Plan. Prepared by Planning & Development Department Staff: Cate Lee, Planner II ATTACHMENTS: ? Ordinance No. 8201-10 and Exhibit A S: (PlanningDepartment)COMPREHENSIVEPL4M2010Comp Plan AmendmentsITODIStaffReportDrdinance No 8201-10 2010 07-20 CDB Staff Report Revised for City Council 08-05. doe Community Development Board - July 20, 2010 CPA2010-06001 - Page 4 Item # 2 ? a cil: Ls? ? r-` r 1 '' O rr '? tl J?y? ?? ? N L t4 I r? II ? r 1 w? S r 3 i - .JIdI?I1. L f J Y'^ ' L - rrJ f '^ 3 II 1,_', - 1k LF' J _ 17 - - _?•J t ern }/J ?r 90. r ' 11 -d P IIIH- All J I? d 11 : ?, ? _ L /?y d l 41 CU t3 75 ru n tiA w _ ?. Vf C7 ? c ? ?? ? €° LLI 4- +j c- CL a 2??1 of l( N 01, 3 4 r ? ,t/ f p ffJ fi f tom,, ??, ,.?• ?, ,.:mot . s { ?» i j N Qi CV wWwu, "wxMw °-.u r ate;;. ?\? t k t ? Y! r, ? 1Gk N N ,It? t ? ? 1 A Ell ff,,J? t 1-7 l; Fill % / \ \ N Q) .?.? ," `? ?? N `-- ai `7 ?l ,_? ?? ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for property at 110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South, Range 16 East, and pass Ordinances 8193-10 and 8194-10 on first reading. (LUZ2010-05001) SUMMARY: The proposed amendments involve 0.219 acres of land located at the northeast corner of Virginia Avenue and Meadow Lark Lane, approximately 335 feet east of Bayview Avenue. The subject property is part of a larger parcel owned and occupied by First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church (applicant). The subject property is undeveloped. The applicant intends to use the property in the future for stormwater drainage or athletic fields for church/school use. The request is to change the future land use classification of Residential Urban (RU) to Institutional (I) and the zoning designation of Low Medium Density Residential (LMDR) to Institutional (I). The applicant recently received approval for Institutional land use and zoning designations for 28 parcels surrounding the subject property, which was inadvertently excluded from the prior action by the applicant. The Planning and Development Department has determined that the proposed future land use and rezoning amendments are consistent with Community Development Code standards in that: The proposed land use plan and zoning amendments are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. A complete analysis of the proposal is included in the staff report. In accordance with the Countywide Plan Rules, the Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density of the category requested, review and approval by the Florida Department of Community Affairs is also required. The Community Development Board reviewed the proposed amendments at its public hearing on July 20, 2010. The Planning & Development Department will report the Board's recommendation to the City Council at a public hearing on August 5, 2010. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 3 Attachment number 1 fi Page 1 of 1 - f 1 Looking north at subject property from Virginia Avenue East of subject property ark ?A 4 G ?? r p uu r -. a 1 w ?'? ''C ly. Ile` v $¢ £ IP. 'f West of subject property Looking south of subjcct property from Virginia Avenue V t C . ?ir W a 1 X11 tdY'; rl I?.? _ '•'N5 ? h+?ry.?? h ?4 ' ? ' lh I View looking easterly along Virginia Avenue View looking westerly along Virginia Avenue LUZ2010-05001 First Baptist Church of Clearwater, Inc. (a/k/a Calvary Baptist Church) 110 N. McMullen Booth Road Item # 3 Attachment number 2 Page 1 of 1 Z BZ L CHAM BLEE DREW ST E SAY Lam, w o 0 C- Featherw()ed i PROJECT eveld Cl an ` SITE Cherry r,. ' or,i_zl Dr ll ast".r 7 r 1C H`:' S 1, VIRGI AVE 1 M KENTUCK Y > ¢' f TENuPJE SS E f? N - CarONia LLj f ?? L E } ? GULF-TO-BAY BLVD ?n u 7 \07 LOCATION MAP First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2010-05001 Road, Clearwater, FL 33759 Site: Af the south portion of the main church site of 110 N. McMullen Booth Road (16-29-16-15074-001-0010) property Size 0.219 acres Acres : Land Use Zoning PIN: 16-29-16-15074-001 -0010 From : RU LMDR To: I I Atlas Page: 292A Item # 3 Attachment number 3 Page 1 of 1 AERIAL PHOTO RAPH First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2010-05001 Road, Clearwater, FL 33759 Site: Af the south portion of the main church site of 110 N. McMullen Booth Road (16-29-16-15074-001-0010) Property Size 0.219 acres Land Use Zoning From : RU LMDR To: I I PIN: 16-29-16-15074-001-0010 Atlas Page: I 292A Item # 3 Attachment number 4 Page 1 of 1 110 Ae-A' I 1 11 RM RU OsTR BA O M T 1 N ? n rn M rn ? ? ? M R O O O O O ? /1? I? ? M ? M M M "'VOI,? O M M f 1 11 1E ? O ? ? ? •MVO A LLL u; M rq M }p M ,.3 ?V , 00 0o O 90?' Mo M J 109-8 ?C1 I V OL 15 ' '? M r 120 RLM o d 125 130 M Q zoo 26, ICU 201 ' O M RFH 21 m o0 200 225 W W ? J °o ? 201. Q T 919-E 227205 ILL R°0 0 307 309 300 207 309 m 400 o 1L ?± M o ' 323`"' CG 339 3 G AROLINA AVE 337 3 FUTURE LAND U E MAP First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2010-05001 Road, Clearwater, FL 33759 Site: Af the south portion of the main church site of 110 N. Property Size 0.219 acres McMullen Booth Road (16-29-16-15074-001-0010) Acres Land Use Zoning PIN: 16-29-16-15074-001 -0010 From : RU LMDR To: I I Atlas Page: 292A 0 0 ? P' M M M M M Item # 3 Attachment number 5 Page 1 of 1 110 ,„,„„, I 11 I MDR 0 M C?YST'?R , b N N ? O M n R O ? M O, O ? M O M O, O M ? O M OJ ? ? ` N O O M ? M ? O M M M T 3 I `o M o M m M °M' M y ,' 11 . M ? MR 0 0 10 109-8 M J F 1? O 1 50 P M N 120 125 O ?' 130 ? M C Q I L W%,1 r,,09 20 2b O o Y 201 O M 200 z I 20 225 W ? o J W ? ° ? o ? ^'201 Q 227 , 205 309 :„, 300 207 309 m 400 co v v co m co o ?3?1 M M M M M O O 323`"' ?' 3 Dl ? 337 3 ZONIN MAP First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2010-05001 Road, Clearwater, FL 33759 Site: Af the south portion of the main church site of 110 N. property Size 0.219 acres McMullen Booth Road (16-29-16-15074-001-0010) Acres : Land Use Zoning PIN: 16-29-16-15074-001 -0010 From : RU LMDR To: I I Atlas Page: 292A Item # 3 Attachment number 6 Page 1 of 1 110.° Institutional - Church Vacant MDR 11 Q Ot%ST''R BA CL N M c co a I1? I? I .. o o "' m C7 C O O O O M M „ COI- M M Q Q ? O O O O ro M B ? '. M M M M M M M M , G!1 r, 1 m>E? °esid al rn M r, M ]p ^ =g r1 ff 11 W J J mma,,, o M O M M Ch c Office Tourist / -&5 M 12 15 123 RV Park 4 " 131 0 E 4hstitutio _ l DO C ocial and M - Church 200 W o 225 Col?munity Center J o M 11 , ,? O " ? 201 Q T 227 M cOi cOi cOi 3g 77 389 n -- - 300 205 207 Q in le a i , °Q 40 a >< en ><a O O M °v 11. „, M 3?3 M CAROLINA AVE 339 ? 337 EXI TIN URROUNDIN U E First Baptist Church of Clearwater, Inc. a/k/a Owner Calvary Baptist Church, 110 N. McMullen Booth Case: LUZ2010-05001 Road, Clearwater, FL 33759 Site: Af the south portion of the main church site of 110 N. property Size 0.219 acres McMullen Booth Road (16-29-16-15074-001-0010) Acres : Land Use Zoning PIN: 16-29-16-15074-001 -0010 From : RU LMDR To: I I Atlas Page: 292A Item # 3 Attachment number 7 Page 1 of 8 CDB Meeting Date: July 20, 2010 Case Number: LUZ2010-05001 Owner/Applicant: First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church Address: 110 N. McMullen Booth Road Agenda Item: EE-1 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION (a) Future Land Use Map amendment from the Residential Urban (RU) Classification to the Institutional (I) Classification; and (b) Rezoning from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. Property Size: 9,540 square feet or 0.219 acres Portion of Property Subject to Amendment: 9,540 square feet or 0.219 acres Property Use: Current Use: Vacant land Proposed Use: Church support facilities Future Land Use Map Category: Current Categories: Residential Urban (RU) Proposed Category: Institutional (I) Zoning District: Current Districts: Low Medium Density Residential (LMDR) Proposed District: Institutional (I) Surrounding Existing Uses: North: Church (Calvary Baptist Church) South: Vacant (Institutional future land use and zoning), single family dwelling (Institutional future land use and zoning) East: Vacant (Institutional institutional future land use and zoning) West: Retention pond (Institutional institutional future land use and zoning) Community Development Board -July 20, 2010 -Case LUZ2010-05001 -Page 1 of 8 S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-05001 - 110 N McMullen Booth Rd -First Baptist Church of Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft 071410.docx Item # 3 Attachment number 7 Page 2 of 8 ANALYSIS: The proposed Future Land Use Map and rezoning amendment involves 0.219 acres of land located at the northeast corner of Virginia Avenue and Meadow Lark Lane, approximately 335 feet east of Bayview Avenue. The subject property is part of a larger parcel owned and occupied by First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church. The subject property is vacant (undeveloped). The amendment request is to change the current Future Land Use Map classification of Residential Urban (RU) to Institutional (I) and the current zoning designation of Low Medium Density Residential (LMDR) to Institutional (I). No site plan application has been filed in conjunction with the amendment request; however, the applicant has indicated that the property will be used for church support facilities at some point in the future. The applicant's intent is to consolidate the subject property with other church property holdings under the appropriate future land use and zoning designations. The applicant recently received approval for Institutional land use and zoning designations for 28 adjacent parcels of land. In accordance with the Pinellas Planning Council Countywide Plan Rules, the proposed Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the density allowed under the proposed Institutional (I) future land use classification (12.5 units per acre), review and approval by the Florida Department of Community Affairs is required. 1. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1 and 4-603.F.11 Recommended Findings of Fact Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendments include: Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. Objective A.2.1 Public institutions, such as hospitals, parks, utility facilities and government facilities, shall be provided sufficient land area to accommodate identified public needs. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Recommended Conclusions of Law The proposed amendment is not in conflict the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The designation of the subject property under the Institutional (I) future land use and zoning classifications provides additional land for planned development to meet public demand and need. The consolidation of the subject property with the larger Calvary Baptist Church parcel under common future land use and zoning designations will facilitate infill development in an appropriate location in the City. Church support facilities on the subject property would be compatible with the surrounding environment and envisioned character of the neighborhood. Community Development Board -July 20, 2010 -Case LUZ2010-05001 -Page 2 of 8 S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-05001 - 110 N McMullen Booth Rd -First Baptist Church of Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft 071410.docx Item # 3 Attachment number 7 Page 3 of 8 II. CONSISTENCY WITH COUNTYWIDE PLAN RULES Recommended Findings of Fact Section 2.3.3.7.3 of the Countywide Plan Rules states that the purpose of the Institutional (I) future land use classification is to depict those areas of the county that are now used, or appropriate to be used, for public/semi-public institutional purposes; and to recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities and natural resource features. Section 2.3.3.7.3 also states that the Institutional (I) future land use classification is generally appropriate to those locations where educational, health, public safety, civic, religious and like institutional uses are required to serve the community; and to recognize the special needs of these uses relative to their relationship with surrounding uses and transportation access. The subject property is the southerly part of the main Calvary Baptist Church campus, which is located on the southwest corner of Drew Street and McMullen Booth Road. The subject property is surrounded on all sides by church-owned properties that have Institutional land use plan and zoning designations, some of which still have existing nonconforming single family dwelling uses. Zoning districts in the vicinity of the subject property include Institutional (I) and Low Medium Density Residential. Future use of the subject property with church support facilities is consistent with the purposes of the Institutional (I) future land use category and zoning designation and compatible with surrounding properties and the neighborhood. The church campus is located on several PSTA bus routes. Recommended Conclusions of Law The proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Plan Rules. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2, 4-602.F.3, 4-602.F.4, 4-603.F.3 and 4- 603.F.61 Recommended Findings of Fact The subject property is vacant land located on the northeast corner of Virginia Avenue and Meadow Lark Lane. Existing uses of surrounding properties (church-owned) consist of the Calvary Baptist Church main campus, nonconforming single family residential and vacant land. The future land use designation of surrounding properties is Institutional (I). Surrounding zoning includes the Institutional (I) District on adjacent church-owned properties and Low Medium Density Residential (LMDR) northeast of the subject property accessible from McMullen Booth Road. The future expansion use of church support facilities on the subject property is compatible with the surrounding properties and neighborhood. The proposed Institutional (I) future land use category permits 12.5 dwelling units per acre and a floor area ratio (FAR) of 0.65. The Institutional (I) zoning district primarily permits school, church, public office and hospital uses. The proposed Institutional (I) future land use and zoning designations are in character with the overall Future Land Use Map and zoning designations in the neighborhood surrounding the subject property. The Institutional (I) future land use classification requested is consistent with the surrounding Institutional (I) future land use Community Development Board -July 20, 2010 -Case LUZ2010-05001 -Page 3 of 8 S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-05001 - 110 N McMullen Booth Rd -First Baptist Church of Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft 071410.docx Item # 3 Attachment number 7 Page 4 of 8 classifications that exist in the vicinity of the subject property. The proposed future land use and zoning designations will allow church support facilities at a density and scale that is consistent with existing institutional and residential uses in the vicinity of the subject property. As such, the proposed amendment will allow development that is in character with the surrounding area. Recommended Conclusions of Law The proposed future land use and zoning designations are in character with the overall Future Land Use Map and zoning designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and 4-603.F.41 Recommended Findings of Fact The subject property consists of approximately 9,540 square feet (0.219 acres). The current Residential Urban (RU) future land use category permits 7.5 dwelling units per acre or 0.40 floor area ratio. Under this category, the subject property could yield a maximum of one dwelling unit or 3,816 square feet of nonresidential floor area. The current Low Medium Density Residential (LMDR) zoning district primarily permits residential uses. The proposed Institutional (I) future land use category permits 12 dwelling units per acre or a nonresidential floor area ratio of 0.65. Under this designation, the subject property could yield a maximum of two dwelling units or 6,201 square feet of nonresidential floor area. It should be noted that the Clearwater Community Development Code only allows residential equivalent uses in the Institutional (I) zoning district. The proposed Institutional (I) zoning district primarily permits institutional uses with a public interest. The proposed amendment to the Institutional (I) future land use category would provide for an increase of one dwelling unit or 2,385 square feet of nonresidential floor area on the subject property. The applicant has indicated the subject property will be used for church support facilities such as drainage features and athletic fields. Roadways Table 1: Maximum Potential Traffic indicates the traffic characteristics of the subject property based on the current and proposed future land use categories. The table indicates the maximum potential trips generated by future land use category based on the traffic generation rates in the Countywide Plan Rules. The table also shows the potential roadway level of service impacts to Gulf to Bay Boulevard under each scenario. Note: The Countywide Plan Rules traffic generation guidelines are the accepted methodology for reviewing the roadway impacts of proposed Future Land Use Map amendments. Gulf to Bay Boulevard from Bayshore Boulevard to US 19 currently operates at a level of service F, peak hour according to the Pinellas County Metropolitan Planning Organization 2009 Level of Service Report. Trips generated by the proposed future land use category would not lower the operating level of service, peak hour. The adopted level of service standard for the roadway segment is D, peak hour. Community Development Board -July 20, 2010 -Case LUZ2010-05001 -Page 4 of 8 S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-05001 - 110 N McMullen Booth Rd -First Baptist Church of Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft 071410.docx Item # 3 Attachment number 7 Page 5 of 8 Table 2: Trip Generation Comparison by Zoning Designation indicates the estimated trip generation for a specific use allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation 8th Edition. The analysis compares trips generated by a single family residential use that would be probable under the existing zoning designation to a use representing the maximum development potential under the proposed zoning district, in this case a church. Table 1: MAXIMUM POTENTIAL TRAFFIC Gulf to Bay Blvd (Bayshore Boulevard to US 19) Existing Conditions Current FLUME Proposed FLUM' Net New Trips Maximum Dail Added Potential Trips N/A 15 23 8 Maximum PM Peak Hour Added Potential Trips 3 N/A 1 2 1 Roadway Volume 62,500 62,515 62,523 8 Roadway Level of Service PM Peak Hour F F4 F4 F4 Adopted Roadway Level of Service Standard D Peak Hour Notes: N/A - Not Applicable. SLUM - Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category. 2. Based on PPC calculations of 104 trips per day per acre for "religious/civic facilities" in the Institutional (I) future land use category 3. Based on MPO K-factor of 0.095. 4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION Avg. Net Change PM Peak PM Net Land Use Development Daily Average Trips Peak Change Potential Trips Daily Trips Average Trips PM Peak Rate Trips EXISTING DESIGNATION: "LNIDR" Zoning District ( "RU" Future Land Use Category) Single-Family Detached Housing' 1 DU6 10 N/A 1.01 1 N/A (9.57 trips/unit) PROPOSED DESIGNATION: "I" Zoning District ("I" Future Land Use Category) 2 Church 6,201 SF4 56 46 0.55 3 2 9.11 trips/1,000 SF GFA Notes: GFA - Gross floor area SF - Square foot DU - Dwelling unit N/A - Not applicable 1. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 210. 2. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 560. 3. Total gross floor area ratio permitted by the current RU future land use category is 0.40. 4. Total gross floor area ratio permitted by the proposed I future land use category is 0.65. Mass Transit The citywide level of service for mass transit will not be affected by the proposed amendment. The total miles of fixed route service will not change. The subject property is proximate to high frequency bus service via routes on Gulf to Bay Boulevard, Drew Street and McMullen Booth Road. Community Development Board -July 20, 2010 -Case LUZ2010-05001 -Page 5 of 8 S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-05001 - 110 N McMullen Booth Rd -First Baptist Church of Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft 071410.docx Item # 3 Attachment number 7 Page 6 of 8 Potable Water For the current future land use designation, potable water demand is estimated at 260.4 gallons per day. Under the proposed future land use designation, potable water demand is estimated at 620.4 gallons per day, an increase from current estimated demand. Wastewater For the current future land use designation, wastewater demand is estimated at 234.6 gallons per day. Under the proposed future land use designation, wastewater demand is estimated at 496.06 gallons per day, an increase from current estimated demand. Solid Waste Under the current future land use designation, is estimated that 2.53 tons of solid waste would be generated per year. Under the proposed future land use designation, it is estimated that 4.96 tons of solid waste would be generated per year, an increase from estimated current demand. Recreation and Open Space The City has sufficient parkland or recreational facility capacity to serve future development under the proposed amendment. Open Space, Recreation Land and Recreation Facility impact fees may be required for future development prior to the issuance of a building permit. Impact fees will be determined as part of the development review process. Public School Facilities Based on factors established by the Pinellas County School Board, the subject property as currently designated under the Residential Urban (RU) future land use category could generate the following number of students. Elementary School: 0.15 students per unit x 1 unit = 0.15 students Middle School: 0.07 students per unit x 1 unit = 0.07 students High School: 0.10 students per unit x 1 unit = 0.10 students TOTAL = 0.32 students Under the proposed Institutional (I) future land use and zoning designations, demand for public school facilities would not be generated by the subject property. Future use of the property will not result in new residential development; therefore, impacts to public school facilities are not anticipated. Recommended Conclusions of Law Based upon the findings of fact, it its determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Gulf to Bay Boulevard. There is a minimal impact to potable water, wastewater and solid waste service as City facilities have adequate capacity to accommodate the maximum demand generated by the proposed amendment. Furthermore, parkland, recreation facilities, public school facilities and mass transit will not be affected by the proposed amendment. Community Development Board -July 20, 2010 -Case LUZ2010-05001 -Page 6 of 8 S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-05001 - 110 N McMullen Booth Rd -First Baptist Church of Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft 071410.docx Item # 3 Attachment number 7 Page 7 of 8 V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact There are no apparent wetlands on the subject property, which is currently undeveloped and covered by predominantly turf grass. Recommended Conclusions of Law Based on current information, there are no wetlands on the subject property. The intent of the owner is to use the property in the future for a church support use. Any future development of the property would require compliance with all applicable regulations, including the City's tree preservation and stormwater management requirements. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.1 Recommended Findings of Fact The location of the proposed Institutional (I) zoning district boundary is consistent with the boundary of the subject parcel, which is rectangular in configuration. The proposed Institutional (I) District is compatible with the surrounding institutional and nonconforming residential uses. The location of the proposed Institutional (I) zoning district boundaries are is logical and consolidates the subject property into the appropriate zoning district. The proposed zoning district is compatible with adjacent Institutional (I) zoning to the immediate north, west and southeast. Recommended Conclusions of Law The proposed Institutional (I) zoning district boundaries are appropriately drawn in regard to location and classifications of streets, property ownership, existing improvements and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Section 4-602.F.11 The proposed Institutional (I) future land use category permits a floor area ratio of 0.65 while the existing Residential Urban (RU) category permits less intensive floor area ratio of 0.40. The subject property is part of a larger parcel that meets the minimum lot area of 20,000 square feet and lot width of 100 feet required for minimum standard uses in the Institutional (I) zoning district. Any development of the property that does not meet minimum standard requirements will be subject to the use criteria in the Flexible Standard Development process or Flexible Development process. SUMMARY AND RECOMMENDATIONS The request for amendment to the Future Land Use Map involves a change from the Residential Urban (RU) future land use categories to the Institutional (I) future land use category. The request also includes a rezoning from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. The subject property is vacant (undeveloped) and is surrounded by institutional and nonconforming residential uses and vacant land. The proposed amendment is Community Development Board -July 20, 2010 -Case LUZ2010-05001 -Page 7 of 8 S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-05001 - 110 N McMullen Booth Rd -First Baptist Church of Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft 071410.docx Item # 3 Attachment number 7 Page 8 of 8 compatible with surrounding properties and the neighborhood. The proposed amendment is consistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed change is compatible with the low intensity uses in the surrounding area and consolidates the applicant's property holdings under the appropriate land use designations. Furthermore, the proposed amendment meets the purpose and locational criteria for the Institutional (I) future land use category in the Countywide Plan Rules. Approval of the subject land use plan amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the city's Concurrency Management System. Based on the foregoing, the Planning & Development Department recommends the following action: ACTION: Recommend APPROVAL of the request for Future Land Use Map amendment from the Residential Urban (RU) classification to the Institutional (I) classification and rezoning from the Low Medium Density Residential (LMDR) District to the Institutional (I) District. Prepared by Planning & Development Department staff. Tammy Vrana, AICP Long Range Planning Manager Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Community Development Board -July 20, 2010 -Case LUZ2010-05001 -Page 8 of 8 S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-05001 - 110 N McMullen Booth Rd -First Baptist Church of Clearwater\Staff Report\LUZ2010-05001 Staff Report Draft 071410.docx Item # 3 Attachment number 8 Page 1 of 2 ORDINANCE NO. 8193 -10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF VIRGINIA AVENUE AND MEADOW LARK LANE APPROXIMATELY 335 FEET EAST OF BAYVIEW AVENUE, SOUTH OF 110 NORTH MCMULLEN BOOTH ROAD (FIRST BAPTIST CHURCH OF CLEARWATER, INC. A/K/A CALVARY BAPTIST CHURCH), CONSISTING OF A PORTION OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, INCLUDING A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 6 BLOCK 1, AND LOTS 1 THROUGH 6 BLOCK 2, BAYVIEW CITY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 110 MCMULLEN BOOTH ROAD, FROM RESIDENTIAL URBAN (RU) TO INSTITUTIONAL (1); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See Exhibit "A" (LUZ2010-05001) Land Use Category From: Residential Urban (RU) To: Institutional (1) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING Item # 3 Ordinance No.8193 -10 Attachment number 8 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 3 Ordinance No.8193 -10 Attachment number 9 Page 1 of 2 ORDINANCE NO. 8194-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF VIRGINIA AVENUE AND MEADOWLARK LANE APPROXIMATELY 335 FEET EAST OF BAYVIEW AVENUE, SOUTH OF 110 NORTH MCMULLEN BOOTH ROAD (FIRST BAPTIST CHURCH OF CLEARWATER, INC A/K/A CALVARY BAPTIST CHURCH), CONSISTING OF A PORTION OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, INCLUDING A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 6 BLOCK 1, AND LOTS 1 THROUGH 6 BLOCK 2, BAYVIEW CITY SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 110 MCMULLEN BOOTH ROAD, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); 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 Exhibit "A" (LUZ2010-05001) Zoning District From: Low Medium Density Residential (LMDR) To: Institutional (1) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. Item # 3 Ordinance No. 8194-10 Attachment number 9 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 3 Ordinance No. 8194-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature Categories and the Zoning Atlas Amendment from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts,for property located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East)and pass Ordinances 8197-10 and 8198-10 on first reading and approve a Development Agreement for this property between Clearwater Christian College Private School, Inc. and the City of Clearwater and adopt Resolution 10-18. (LUZ2010-06002 and DVA2010-06001) SUMMARY: The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The applicant is requesting to amend the Future Land Use Plan Map designation for the parcels from Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature and to rezone it from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts in order to expand the existing college and to make certain land use and zoning designations consistent with the actual characteristics of the area. The proposed Institutional (I) future land use category would permit up to 331 dwelling units (993 dormitory beds) or a maximum of 751,736 square feet of nonresidential floor area; however, the college is comprised of residential and nonresidential space so a mixed-use calculation is required. The applicant is proposing to limit the residential density to 750 dormitory beds and the nonresidential intensity to 170,000 square feet of classrooms and administrative facilities through a development agreement (DVA2010-06002). The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. Based on the proposed mitigation plan, the applications will not have a negative impact on the natural environment. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment site and the density allowed in the Institutional Plan Category, review and approval by the Florida Department of Community Affairs is also required. The applicant is requesting approval of a Development Agreement in conjunction with the proposed future land use plan amendment. The Development Agreement proposes dividing the total property into two areas, a Mitigation Area (98.99 acres) and a Master Plan Area (32.06 acres). The proposed agreement includes a conceptual Master Plan limiting residential 669,?iV 19,750 dormitory beds and nonresidential density to 170,000 square feet (0.149 floor area ratio), a Mitigation Plan, and an easement for access to Coopers Point Nature Park. The Mitigation Plan requires upgrades to the entire site's stormwater facilWe ff the Master Plan Area, application for approval of a Mitigation Bank, a conservation easement over the Mitigation Area, and establishes boundary change procedures in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan. The Planning Department has determined that the proposed Development Agreement is consistent with the City's Comprehensive Plan. Please refer to the attached development agreement (DVA2004-00004) staff report for the complete analysis. The Community Development Board will review the proposed amendments at a specially scheduled meeting on August 3, 2010 and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 10 • Z ?rL E_ s 37 C CDD 37 t E ' ?? {/may{?? ` ,p ®.®®®e ...®®...e .®®®eee® - - i?J?II 'l JI II I? ? ?®® LOCATION MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size (Acres) Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 PIN: From : I, CG, P, R/OS, I, C, P, & OS/R 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature Atlas Page: 292B S:\Planning Department\C D BA and Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 LOCATION.doex Item # 4 Attachment number 1 Page 2 of 10 AERIAL MAP I Owners: Clearwater Christian College I Case: LUZ2010-06002 & I DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 I Size(Acres): Land Use Zoning From : I, CG, P, R/OS, I, C, P, & OS/R RL & Water/Drainage Feature To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature 16-29-16-00000-120-0100 PIN: 16-29-16-00000-140-0100 16-29-16-00000-130-0200 16-29-16-00000-1 10-01 00 Atlas Page: 292B S:APlanning Department\C D B\LandUse Amendments\LUZ 2010ALU72010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Usedfor CDB\LUZ2010-06002 AERIAL.cbex Item # 4 Attachment number 1 Page 3 of 10 T RU S P ?0 WATER wos wos P P DREW ST (RJOS os RIOS oS RU WATER RL RL QoS L RL RL RL P RU P I D P RIOS RU P RL RLM C2 Q? J5 1 WATER RU : G ®®® a RU- 00a10me* 0 RM R 1 ATE P TER A C=) D RL 525255 1 CG .. CG uses 656556 RIOS R/OS C RIOS RIOS RIOS WATER T/U RIOS WATER % CURRENT FUTURE LAND U E MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size (Acres) Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 I, CG, P, R/OS, I, C, P, & R/OS PIN: 16-29-16-00000-130-0200 From ; RL & Water/Drainage Feature 16-29-16-00000-110-0100 I, P, R/OS, & Water/Drainage I, P, & R/OS To: Feature Atlas Page: 292B S:\Planning Department\C D BA and Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 FLU BEFORE.doex Item # 4 Attachment number 1 Page 4 of 10 WA ER RU P WATER Rios P wos 0 P RL L 0 w Rol ? WATER R/OS OS n ? oS S wosV RL P P wos P RU 1 LM P 1 RU ® WATER RM ® WATER 1 CG A-4 Manas on sas" R/OS RIOS RIOS OS RIOS WATER U RIOS AT?l l!1/?4aTER PROPO ED FUTURE LAND U E MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size (Acres) Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 From : I, CG, P, R/OS, I, C, P, & OS/R PIN: 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature Atlas Page: 292B S:\Planning Department\C D BA and Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 FLU AFTER.doex Item # 4 Attachment number 1 Page 5 of 10 OS/R R ? osiR osIR P si DREW ST LDR - - osiR DR OSIR BAYLIV ?.. LD LDR?, Q V vvV LMDR° LDR OS/R P P si LDR MHP Q0 , .R MDR ® LDR LDR LD R C t 5 , - Sasso 2 a 1 ?7??v r P , , ?a CURRENT ZONIN MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size (Acres) Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 PIN: From ; I, CG, P, R/OS, I, C, P, & OS/R 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/drainage I, P, & OS/R Feature Atlas Page: 292B S:\Planning Department\C D BA and Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 ZONE BEFORE.doex Item # 4 Attachment number 1 Page 6 of 10 OS/R OS/R OSIR LDRn DREW ST' on MENNEN ' e OS/ * OS/R BAY LN OS/R ) LDR LMDR OS/R P OS/R P MENEM MHP ?rj I p Op 40 MDR 0 c OS/R COURTNE CAMPBELL CSWY P 00 PROPO ED ZONIN MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size (Acres) Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 PIN: From : I, CG, P, R/OS, I, C, P, & OS/R 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature Atlas Page: 292B S:\Planning Department\C D BA and Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 ZONE AFTER.doex Item # 4 Attachment number 1 Page 7 of 10 Preservation / Wetlands = z z W ST U Preservation / Wetlands Preservation Wetla MENNEN "Oge and Associated Facilities Vacant & FDOT ititil EXI TIN URROUNDIN U E MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size (Acres) Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 PIN: From : I, CG, P, R/OS, I, C, P, & OS/R 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature Atlas Page: 292B S:\Planning Department\C D BA and Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 EXIST.doex Item # 4 a 1r ?S i Gil V '. i i e 1. View looking north from Gulf-to-Bay Blvd at subject property a 4. View looking north across existing athletics fields towards Preservation area. 77 , 'N V- 3. Representative buildings on subject property LUZ2010-06002 & DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 1 of 3 Item # z H A 6. View looking north from existing parking lot on subject property towards Preservation area. r v e ?t I ftc N _ 7. View looking north along Bayshore Drive at typical single family housing located across Bayshore Drive from subject property Preservation area lv.'view looking east from Bayshore Drive at subject property Preservation area LUZ2010-06002 & DVA2010-06001 Clearwater Christian College Item # 3400 Gulf-to-Bay Boulevard Page 2 of 3 family housing located across Bayshore Drive from subject property Preservation area 9. View looking east from Bayshore Drive at Downing Street at subject property Preservation area Location Map for site photographs (pages 1-2). LUZ2010-06002 & DVA2010-06001 Clearwater Christian College Item # 3400 Gulf-to-Bay Boulevard Page 3 of 3 Attachment number 2 Page 1 of 50 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is dated 2010, effective as provided in Section 5 of this Agreement, and entered into among CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non- profit corporation, its successors and assigns (collectively, "Developer"), and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; WHEREAS, the Developer owns approximately 138 acres of real property located at 3400 Gulf-to-Bay Boulevard in the corporate limits of the City, which is comprised of several areas, two of which are subject to this Agreement totaling approximately 131.05 acres m.o.l. ("Property"); WHEREAS, the two described properties subject to this Agreement are hereinafter referred to as "Master Plan Area" and "Mitigation Area" as more particularly described on Exhibit A attached hereto and incorporated herein; WHEREAS, the Developer desires to develop the Master Plan Area with additional educational, dormitory and athletics facilities and associated parking, generally conforming to the conceptual plan shown on Exhibit B attached hereto and incorporated herein (the "Master Plan"); WHEREAS, the Developer desires to place a conservation easement on the Mitigation Area which is approximately 98.99 acres m.o.l. of the Property in conjunction with a mitigation plan approved by the appropriate state and federal agencies, generally conforming to the requirements shown on Exhibit C attached hereto and incorporated herein ("Mitigation Plan"), providing an opportunity for the expansion of the Coopers Point Nature Park (Master Plan Area improvements and Mitigation Plan, collectively, "Project"); WHEREAS, the Developer desires for the City to vacate the right of way and associated access easement known as Damascus Road while retaining an updated Item # 4 Attachment number 2 Page 2 of 50 easement for the purpose of relocating the road and providing greater access to and from Coopers Point Nature Park; WHEREAS, the Developer has requested a future land use map amendment resulting in a change of approximately 13.35 acres m.o.l. of the Property; WHEREAS, the Developer has requested a future land use map amendment from Institutional (I), Preservation (P), Residential Low (RL), Commercial General (CG) and Water/Drainage Feature to Institutional (I), Water/Drainage Feature, Recreation/Open Space (R/OS) and Preservation (P) for those portions of the Property shown on Exhibit D attached hereto and incorporated herein ("Proposed Future Land Use and Zoning Maps"); WHEREAS, the Developer has requested a zoning map amendment from Preservation (P), Commercial (C), Low Density Residential (LDR), Open Space/Recreation (OS/R), and Institutional (I) to Preservation (P), Institutional (1) and Open Space/Recreation (OS/R) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps; WHEREAS, the Developer desires to improve the environmental aspects of the Mitigation Area while offsetting the impacts of the Master Plan through the Mitigation Plan, as approved by the appropriate state and federal agencies; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Code; WHEREAS, the City has conducted public hearings as required by Sections 4-206 and 4-606 of the Code; WHEREAS, at a duly called and advertised public meeting on , 2010, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: 2 Item # 4 Attachment number 2 Page 3 of 50 SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property, as defined herein, is subject to this Agreement. 3.1 The Property currently has future land use map designations of Institutional, Preservation, Recreation/Open Space, Water/Drainage Feature, Commercial General and Residential Low and is zoned Institutional, Preservation, Open Space/Recreation, Commercial and Low Density Residential. 3.2 Developer has requested a future land use map amendment from Institutional (I), Preservation (P), Residential Low (RL), Commercial General (CG) and Water/Drainage Feature to Institutional (I), Water/Drainage Feature, Recreation/Open Space (R/OS) and Preservation (P) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps. 3.3 Developer has requested a zoning map amendment from Preservation (P), Commercial (C), Low Density Residential (LDR), Open Space/Recreation (OS/R), and Institutional (1) to Preservation (P), Institutional (I) and Open Space/Recreation (OS/R) for those portions of the Property shown on the map of Proposed Future Land Use and Zoning Maps. 3.4. The Property is owned by Developer as is evidenced by the deeds attached as Exhibit E. 3.5 The Property is generally located at 3400 Gulf-to-Bay Boulevard, Clearwater, Florida. SECTION 4. Scope of Project 4.1 The Project shall consist of a campus Master Plan, including athletics, dormitory, classroom, parking and educational facilities as generally depicted on the Master Plan, as well as a Mitigation Plan for the Mitigation Plan Area. 4.2 The Project shall include 685 parking spaces, as shown on the Master Plan attached where 386 are existing today. 4.3 The proposed floor area ratio on the Master Plan Area shall not exceed .149 nonresidential area and the proposed density shall not exceed 750 dormitory beds where 3 Item # 4 Attachment number 2 Page 4 of 50 over .768 would be permitted (using the multiplier of 3 beds per unit ("Residential Equivalent Use"). The proposed height of the Master Plan buildings, as defined in the Code, is a maximum of 50 feet. There is no proposed density on the Mitigation Plan Area. 4.4 The Project complies with the guidelines of the Metropolitan Planning Organization's (MPO) countywide approach and the City's approach in conducting the Traffic Impact Study (TIS). The TIS demonstrates that the adjacent roadway network dose not degrade the acceptable level of service (LOS) as adopted in the City's Comprehensive Plan. 4.5 The Project shall include significant improvements to the wetlands and preservation areas adjacent to the Master Plan Area, as required by the state of Florida and the U.S. Army Corps of Engineers (USACOE). Such mitigation is known as the Mitigation Plan. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until: 5.1.1 this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Code Section 4-606.G.2; 5.1.2 final approval and effectiveness of future land use map designations of Institutional (I), Recreation/Open Space (R/OS), Preservation (P) and Water/Drainage Feature on the Property; 5.1.3 final approval and effectiveness of zoning designations of Institutional (I), Open Space/Recreation (OS/R), and Preservation (P); and 5.1.4 final approval by the appropriate local, state and federal permitting agencies of the proposed jurisdictional line as shown on the Master Plan. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. In the event that the contingencies described in Section 5.1.2, Section 5.1.3, and Section 5.1.4 above, are not satisfied within twelve (12) months from the date hereof, the City and Developer agree to execute and deliver a termination of this Agreement, recordable form, which shall be 4 Item # 4 Attachment number 2 Page 5 of 50 recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. Notwithstanding the foregoing, Developer may request an extension of time, via the Community Development Coordinator, for the completion of these contingencies for no more than twelve additional months. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed twenty (20) years. 5.4 In the event the obligations under this Agreement as specified in Section 5.1 and 6.1.4 are not met, this Agreement shall terminate pursuant to section 10 of this Agreement. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the attached Master Plan. Any minor revisions or changes to the Master Plan shall be approved by the Community Development Coordinator as a minor modification, pursuant to the Code, including modifications made necessary by a change in the proposed wetlands jurisdictional line, provided such modifications are in accordance with the City's standards for development. Any modifications determined by the Community Development Director as either inconsistent or constituting a substantial deviation from the approved Master Plan shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall apply for development approval for each construction portion of the Master Plan pursuant to Article 4, Division 2 of the Code, as amended from time to time. Final approval for development of phases shall not occur until such approval is obtained. Approvals shall be consistent with the Master Plan and the Stormwater Narrative, as attached hereto as Exhibit G, including the requirement of section 3-907 of the City Code for an average 25 foot wetland buffer to proposed development. The parties agree the Master Plan meets this buffer requirement. 5 Item # 4 Attachment number 2 Page 6 of 50 6.1.3.3 The Developer shall obtain appropriate development orders and shall thereafter timely obtain building permits and required certificates of occupancy in accordance with the approved development orders. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code, Florida Statutes and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.4 The Developer shall be responsible for the following transportation obligations (collectively, "Transportation Obligations"): (i) Dedication of a perpetual easement of approximately 1.01 acres for ingress and egress to the City/Pinellas County property adjacent to the Master Plan Area ("Coopers Point Nature Park"), as depicted on Exhibit F attached hereto and incorporated herein ("Coopers Point Access") and evidenced by a recorded, executed easement. Such easement shall be executed and recorded as a condition of and prior to any building permit for the relocation of Damascus Road, as shown on the Master Plan; (ii) Construction of the Coopers Point Access pursuant to City Construction Standards, as defined by the City Engineer, in conjunction with the construction of the Master Plan; 6.1.3.5 The residential density shall be limited to 750 beds where 768 beds would be permitted in the Institutional land use category using the Residential Equivalent Use of 3 beds per dwelling unit and the Institutional density of 12.5 dwelling units per acre pursuant to the Pinellas Planning Council Countywide Rule. 6.1.3.6 The Developer shall implement a hurricane evacuation plan approved by the City of Clearwater in accordance with the Tampa Bay Regional Planning Council recommendations for evacuation of a student population and include in its published Safety Manual. All students, faculty and staff shall receive a copy of such plan at the beginning of each school semester. All dormitory construction shall meet Florida Building Code standards for construction in a Coastal High Hazard area and shall not compromise the flooding on the adjacent property. 6.1.3.7 In the event that the Florida Legislature, Pinellas County and/or the City enact a Mobility Fee requirement which supplements or supersedes the current Pinellas County countywide Traffic Impact Fee Ordinance, and the effective date of fee payment under said requirement occurs prior to issuance of Certificate of Occupancy, Developer shall pay the assessed amount under that Mobility Fee provision instead of, in accordance with that provision, the amount due under the current Ordinance. 6.1.3.8 Any exterior lighting for the areas on the Master Plan shown as athletic fields shall be consistent with the City Code for similar recreational facilities. All outdoor lighting shall be approved consistent with the approval process in section 6.1.5 and applicable state environmental guidelines. 6 Item # 4 Attachment number 2 Page 7 of 50 6.1.4 The Developer shall be responsible for applying for, and seeking approval from the appropriate state and federal agencies for an approved mitigation plan in the Mitigation Plan Area. Such approvals shall be obtained prior to the issuance of land clearing and building permits. The preferred method of mitigation is the creation of a mitigation bank as approved by the appropriate state and federal authorities pursuant to Fla. Stat. sec. 373.4136, as amended. In the event that the appropriate local, state and federal authorities do not approve a mitigation bank, the Developer will seek appropriate mitigation measures for the proposed impact as specified by the State, via the Southwest Florida Water Management District (SWFWMD), and the U.S. Army Corps of Engineers (USACOE). These measures shall, at a minimum, meet those standards set forth in the Mitigation Plan, including the establishment of a Conservation Easement over the Mitigation Plan Area. The City shall rely on the approvals by SWFWMD and USACOE for approvals of such mitigation. 6.1.5 All improvements shall be constructed, if at all, pursuant to the Master Plan attached hereto. Any proposed development not in conjunction with the Master Plan shall require an amendment to this Agreement, subject to the limitations provided for in section 6.1.6. Notwithstanding the foregoing, in the event a proposed development within the Master Plan Area is reflected on the Master Plan and conforms to the minimum standard, flexible development standard or flexible standard provisions of the Code, the Developer shall seek approval for such development pursuant to the requirements set forth in Article 4, Division 3 or 4 of the Code without seeking an amendment to this Agreement. 6.1.6 It is understood by the parties that the proposed development and agency permitting process may result in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan. In this event, and in the event that boundary line adjustment falls within the parameters for an Interpretation of District Boundaries under Community Development Code Section 1-108.13, Developer agrees to notify the City and the City agrees to promptly process such an administrative adjustment to properly reflect the final jurisdictional boundary line on the City's future land use map ("Administrative Boundary Change"), 6.1.7 It is understood by City and Developer that bald eagle nesting activity has been documented during the 2010 nesting season. Developer shall obtain and maintain any approvals and permits necessary from the United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission ("FWC"), including any required FWC permit for the construction near an active eagle nest, regarding activities to be conducted on the Property and their effects upon bald eagle nesting and other activities, prior to the issuance of land clearing and building permits, and shall further obtain the approval of City's Engineering Department, Environmental Division or equivalent, including a determination that the activities are in accordance with the City's Comprehensive Plan and Community Development Code. Evidence of such permits and approvals shall be provided to the City. Activities shall conform to the requirements of the Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668-668c, and the Florida Bald 7 Item # 4 Attachment number 2 Page 8 of 50 Eagle Management Program as incorporated in Florida Administrative Code Rule 68A- 16.002, including any minimization efforts and conservation measures set forth herein. 6.2 Obligations of the City. 6.2.1 Concurrent with the approval of this Agreement, the City shall promptly process the submitted amendments to the future land use map and zoning designations for the Property as set forth in Sections 5.1.2 and 5.1.3 of this Agreement. 6.2.2 In the event that the approvals required by state and federal agencies for the purpose of setting the proposed jurisdictional line separating the Master Plan Area (and associated future land use map and zoning categories) from the Mitigation Area (and Preservation land use and zoning categories), sets the boundary of the Master Plan Area in a location not consistent with the Master Plan Area boundary attached hereto, the City agrees to the extent possible to seek an Administrative Boundary Change, pursuant to section 6.1.6 of this Agreement. Any amendment to the Master Plan to reduce the amount of parking or setbacks that may be required due to the location of the jurisdictional line shall not require an amendment to this Agreement so long as the Developer continues to meet the standards as required by Code. Nothing herein shall relieve the Developer of pursuing the necessary approvals for the amendment of an approved site plan pursuant to the Code as stated in section 6.1.5. 6.2.3 The City shall promptly process site and construction plan applications, when submitted, for the Property that are consistent with the Comprehensive Plan, the Master Plan, this Agreement and that meet the requirements of the Code. 6.2.4 The final implementation of the future land use map and zoning re- designations referenced in Section 6.2.1 is subject to: 6.2.4.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.4.2 The expiration of any appeal periods or, if an appeal is filed, the conclusion of such appeal. 6.2.5 The parties acknowledge that the Master Plan Area and Mitigation Area Plan constitute independent sites as shown on the approved Master Plan. Accordingly, Developer may transfer ownership of either Master Plan Area, in its entirety, or Mitigation Area, in its entirety, without the consent of the City as further described in Section 14 of this Agreement. It is the parties understanding that the Mitigation Plan Area will be transferred in fee simple upon completion of certain Mitigation Plan activities. 6.2.6 As Developer proceeds with phased development of the Master Plan, such development shall be subject to the requirements of Article 4, Division 3 or 4 of the Code as may be amended from time to time; however, City agrees that Developer shall not be 8 Item # 4 Attachment number 2 Page 9 of 50 required to amend its approved Master Plan or this Agreement in order to obtain such approvals. 6.2.7 In conjunction with this Agreement, the City Council agrees to promptly process an ordinance vacating the Damascus Road Right of Way and the existing access easement, and replacing it with the Coopers Point Access. The City hereby acknowledges that Developer is relying on the City's vacation as described herein for the completion of the road network as shown on the Master Plan. The Developer acknowledges that the granting of such vacations is discretionary by the City Council. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval, unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.7 The Developer is responsible for the payment of any required impact fees, subject to any restrictions or credits included in this Agreement. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of.-way utilization permits; 8.2 Construction plan approval(s); 9 Item # 4 Attachment number 2 Page 10 of 50 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement, is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, (in addition to the termination provisions of Section 5.2 hereof), at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. 10.2 In the event of termination pursuant to Section 10.1, or failure to meet the conditions described in section 5, above, the Property shall return to its current future land use map and zoning designations as prescribed in the Countywide Rules, section 5.1.4.3. This obligation survives the termination of the Agreement for the time necessary to accomplish the redesignations. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until twenty (20) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11. That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11. 1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by 10 Item # 4 Attachment number 2 Page 11 of 50 nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Clearwater Christian College Private School, Inc. Attention: Randy Livingston 3400 Gulf to Bay Blvd. Clearwater, FL 33759 With copy to: Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esquire 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. ASSIGNMENTS. 14.1 By the Developer. The Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Master Plan Area, in its entirety, or the Mitigation Plan Area, partially or entirely, without the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition and Developer shall be released from such obligations that have been assumed by the by the Assignee. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such non- 11 Item # 4 Attachment number 2 Page 12 of 50 compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the 12 Item # 4 Attachment number 2 Page 13 of 50 benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. 13 Item # 4 Attachment number 2 Page 14 of 50 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation By: Printed Name: Richard Stratton President Printed Name: CITY OF CLEARWATER, FLORIDA By: Printed Name: William B. Horne II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 14 Item # 4 Attachment number 2 Page 15 of 50 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2010, by Dr. Richard Stratton, as President of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non-profit corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2010, by WILLIAM B. HORNE, 11, as City Manager of the City of Clearwater, Florida, who is personally known to me or who produced as identification. Notary Public Print Name: Exhibit A Legal Descriptions of Master Plan Area and Mitigation Area Exhibit B Master Plan Exhibit C Narrative of Mitigation Plan Exhibit D Project Future Land Use and Zoning Maps Exhibit E Deeds Exhibit F Coopers Point Access Exhibit G Stormwater Narrative 047504,117851 #528038 v12 - CLEARWATER CHRISTIAN/clearwater DVA 15 Item # 4 EXHIBIT "A" Page 1 of 6 THIS SPACE RESERVED FOR I RECORDING INFORMATION LEGEND/ABBREVIATIONS LB = LICENSED BUSINESS R/W = RIGHT OF WAY PG/P = PACE ORS = OFFICIAL RECORDS BOOK Master Plan Area SKETCH AND LEGAL DESCRIPTION NORTH 0 200 400 i + GRAPHIC SCALE THE NORTH 1/2 OF THE NE 1/4 SEC 16, TWP 29 S, RGE 16 E 0 w J 0 m w a: 0 2 M a m 3 Of w w ? C) w rn z N F c0 U1 ?- Q U w EASTERLY PROJECTION vi OF THE NORTHERLY LINE OF GOVT LOT 4 RAD: 235.75' ARC: 195.98' C4 CH: 190.39' ?_h1) r. CHB: N18'16'13"W N,'5' J p v DELTA: 47'37'49"i !ef m RAD: 32.00' C4 ARC: 40.04' 1 C3 CH: 37.46' A2 EF?_ CHB: N21'03'55°E Lj6?iI `?Jrr'o DELTA: 71'38'38"? C3 GOVT LOT 3 GOVT LOT 4 - 32.06 ACRES ! _ =? ( MORE OR LES! 4" \<\? cD 3 b O 0 0 0 O M RAD: 5475.83' rw uuLnaruu a ul + //?'i P h ARC: 150.00' J K u wru ?u j.i /.g gyp) ,taxi p Attachment number 2 Page 16 of 50 N w b 0 rn ro V) , GOVT LOT i .? k o ? a Z z Q OLD TAMPA BAY w F- a a w w 0 EASTER C2 CH: 150.00 I 1 lmnrn ?P- CHB: TRACT PER N83'22'38°E J ru?ui'r " I Lrnms"rrr C ORB 16135, PG 2664 DELTA: 01'34'10" 1 C2 L2 o U I U 8.46' w 1 1 S82'35 `34"W ' I N1vi R/W C1 STATE ROAD 60 RAD: 5525-83' f GULF.Tp-BAY BLVD WAY ELL CAUSE ARC: 151.37' _ COURTNEY CAMPB WAY C1 CH: 151.36' DAVIS CAUSE POINT OF BEGINNING CHB: S83'22'38"W DELTA: 01'34'10" FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF.3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: JULY 12, 2010 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZZ229009M LB #2232 #7565 Phone: 386-274-1600 Fox: 386-274-1602 RETAINED2.DWC SHEET 1 OF 3 1" = 400' tPm ;E4 4 EXHIBIT "A" Page 2 of 6 Attachment number 2 Page 17 of 50 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING 11 50.00 N05'50'16'W L2 75.89 N82'35'34'E L3 17.60 NIB'25'35'E L4 11.75 N66°10'36'W L5 36.90 N07°24'44'E L6 34.57 N27'46'29'E L7 26.14 N22°06'03'E L8 21.03 S85'27'49'E L9 47.05 NOO°22'32'W LID 10.17 N76'03'09'W L11 49.43 N09'14'50'W L12 49.13 N21°51'04'W L13 15.55 N61°45'36'W L14 36.76 N39°48'21'W L15 38.04 N03'51'29'E L16 39.77 NO1'01'26'W L17 22.62 N39°14'16'W L18 6.68 N02'01'50'E L19 21.83 N48°07'04'E L20 2122 N23°43'08'W L21 17.15 N60'13'20'E L22 10.05 N06°42'31'E L23 13.11 N41°29'06'W L24 25.74 N45'22'31'E L25 23.82 N63'18'48'E L26 49.94 N53°55'07'E L27 56.85 NOO'16'34'W L28 180,68 N89°43'26'E L29 107.99 N00'16'34'W L30 17.99 N89°43'26'E L31 68.66 N00'56'49'W L32 71.74 N14'00'29'W L33 67.82 N14°13'49'W L34 56.35 N14'40'09'W L35 33.98 N14°45'24'W L36 156.14 N56°53'14'E L37 62.82 N69°40'42'E L38 14.89 N61°22'43'E L39 82.57 01°52'59'E THIS SPACE RESERVED FOR I RECORDING INFORMATION I L40 53.45 N73'20'51'E L41 89.41 N06°12'39'E L42 139.90 N89°59'27'E L43 98.98 N59°58'40'E L44 36.67 N59°58'40'E L45 39.40 N59'58'40'E L46 62.41 N59'58'40'E L47 25.85 N1B°16'39'E L48 33.69 N19°31'42'W L49 53.28 N45°49'14'E L50 26.81 N79'47'39'E L51 74.24 SB9°45'54'E L52 67.91 S60°10'21'E L53 67.11 S90°00'00'E SURVEYOR'S NOTES: , 1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S8235'34"W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. IN LB #2232 #7565 WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 Phone: 386-274-1600 Fax: 386--274-1602 SKETCH & DESCRIPTION ZZZ229009M DATE: JULY 12, 2010 RETAINED2.DWG SHEET 2 OF 3 KJK Item # 4 EXHIBIT "A" Page 3 of 6 Attachment number 2 Page 18 of 50 SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR LEGAL DESCRIPTION RECORDING INFORMATION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH Y2 OF THE NORTHEAST'/ OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF BEGINNING; THENCE S82°35'34"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FORA DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01.34'10", A CHORD BEARING OF S83°22'38"W AND A CHORD DISTANCE OF 151.36 FEET TO A NON-TANGENT LINE; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05°50'16"W ALONG SAID LINE FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01 °34'10", A CHORD BEARING OF N83°22'38"E AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82°35'34"E FOR A DISTANCE OF 75.89 FEET; THENCE N1 8'25'35"E FOR A DISTANCE OF 17.60 FEET; THENCE N66°10'36"W FOR A DISTANCE OF 11.75 FEET; THENCE N07°24'44E FOR A DISTANCE OF 36.90 FEET; THENCE N27"46'29"E FOR A DISTANCE OF 34.57 FEET; THENCE N22°06'03"E FOR A DISTANCE OF 26.14 FEET; THENCE 385°27'49"E FOR A DISTANCE OF 21.03 FEET; THENCE NO0°22'32"W FOR A DISTANCE OF 47.05 FEET; THENCE N76°03'09"W FOR A DISTANCE OF 10.17 FEET; THENCE N09°14'50"W FOR A DISTANCE OF 49.43 FEET; THENCE N21°51'04"W FOR A DISTANCE OF 49.13 FEET; THENCE N61 °45'36"W FOR A DISTANCE OF 15.55 FEET; THENCE N39°48'21 "W FORA DISTANCE OF 36.76 FEET; THENCE N03°51'29"E FOR A DISTANCE OF 38.04 FEET; THENCE N01°01'26"W FOR A DISTANCE OF 39.77 FEET; THENCE N39°14'16"W FOR A DISTANCE OF 22.62 FEET; THENCE N02°01'50"E FOR A DISTANCE OF 6.68 FEET; THENCE N48°07'04"E FOR A DISTANCE OF 21.83 FEET; THENCE N23°43'08"W FOR A DISTANCE OF 23.22 FEET; THENCE N60'1 3'20"E FOR A DISTANCE OF 17.15 FEET; THENCE N06°42'31"E FOR A DISTANCE OF 10.05 FEET; THENCE N41°29'06"W FOR A DISTANCE OF 13.11 FEET; THENCE N45°22'31"E FOR A DISTANCE OF 25.74 FEET; THENCE N63°18'48"E FOR A DISTANCE OF 23.82 FEET; THENCE N53°55'07"E FOR A DISTANCE OF 49.94 FEET; THENCE NO0°16'34"W FOR A DISTANCE OF 56.85 FEET; THENCE N89°43'26"E FOR A DISTANCE OF 180.68 FEET; THENCE N00°1 6'34"W FOR A DISTANCE OF 107.99 FEET; THENCE N89°43'26"E FOR A DISTANCE OF 17.99 FEET; THENCE NO0°56'49"W FOR A DISTANCE OF 68.66 FEET; THENCE N14"00'29"W FOR A DISTANCE OF 71.74 FEET; THENCE N14°13'49"W FOR A DISTANCE OF 67.82 FEET; THENCE N14°40'09"W FOR A DISTANCE OF 56.35 FEET; THENCE N14°45'24"W FOR A DISTANCE OF 33.98 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 32.00 FEET, AN ARC LENGTH OF 40.04 FEET, A CENTRAL ANGLE OF 71-38'38", A CHORD BEARING OF N21 °03'55"E AND A CHORD DISTANCE OF 37.46 FEET TO A POINT OF TANGENCY; THENCE N56°53'14"E FOR A DISTANCE OF 156.14 FEET; THENCE N69°40'42"E FOR A DISTANCE OF 62.82 FEET; THENCE N61 °22'43"E FOR A DISTANCE OF 14.89 FEET; THENCE N71 °52'59"E FOR A DISTANCE OF 82.57 FEET; THENCE N73°20'51"E FOR A DISTANCE OF 53.45 FEET; THENCE N06°12'39"E FOR A DISTANCE OF 89.41 FEET; THENCE N89°59'27"E FOR A DISTANCE OF 139.90 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 235.75 FEET, AN ARC LENGTH OF 195.98 FEET, A CENTRAL ANGLE OF 47°37'49", A CHORD BEARING OF N18°16'13"W AND A CHORD DISTANCE OF 190.39 FEET TO A NON-TANGENT LINE; THENCE DEPARTING SAID CURVE N59°58'40"E FOR A DISTANCE OF 98.98 FEET; THENCE N59°58'40"E FOR A DISTANCE OF 36.67 FEET; THENCE N59°58'40"E FOR A DISTANCE OF 39.40 FEET; THENCE N59°58'40"E FOR A DISTANCE. OF 62.41 FEET; THENCE N18°16'39"E FOR A DISTANCE OF 25.85 FEET; THENCE N1 9'31'42"W FOR A DISTANCE OF 33.69 FEET; THENCE N45°49'14"E FOR A DISTANCE OF 53.28 FEET; THENCE N79°47'39"E FOR A DISTANCE OF 26.81 FEET; THENCE S89°45'54"E FOR A DISTANCE OF 74.24 FEET; THENCE S60°10'21"E FOR A DISTANCE OF 67.91 FEET; THENCE S90°00'00"E FOR A DISTANCE OF 67.11 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE S00°00'00"W ALONG SAID SECTION LINE FOR A DISTANCE OF 659.12 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE DEPARTING SAID SECTION LINE S89°30'50"E ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 4 FOR A DISTANCE OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCE DEPARTING SAID EASTERLY PROJECTION ALONG SAID CHANNEL THE FOLLOWING TWO (2) COURSES; 1) THENCE S43°23'49"W FOR A DISTANCE OF 763.40 FEET; 2) THENCE S44°38'51"W FOR A DISTANCE OF 490.96 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL CONTAINS 32.06 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-17.050 THRU 17,052, FLORIDA ADMINISTRATIVE CODE. -'°`- KENNETH J. KUHAK FLORIDA PROFESSIONAL SURVEYOR/MAPPER 116105 WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: JULY 12, 2010 1410 L.PGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZZ229009N LB 112232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 RETAINED2.DWG SHEET 3 OF 3 KJK aem TT 4 EXHIBIT "A" Page -4 of 6 98.99 ACRES ARC: 195.98' MORE OR LESS C4 CH: 190.39' S5 " ' W 13 CHB: N18'16 " ' 49 DELTA: 47'37 RAD: 32.00' ARC: 40.04' C4 C3 CH: 37.46' RAD:.5475.83' ' CHB: N21'03'55"E " ' vn2 _ ARC: 150.00 ' DELTA: 38 71'38 ?6?G? 1 :mmmi C2 CH: 150.00 " , E CHB: N83'22'38 T 01'34'10" MITIGATION AREA SKETCH AND LEGEND/ABBREVIATIONS LEGAL DESCRIPTION LB = LICENSED BUSINESS NORTH R/W = RIGHT OF WAY 0 200 400 PGIP = PAGE THIS SPACE RESERVED FOR ORB = OFFICIAL RECORDS BOOK RECORDING INFORMATION GRAPHIC SCALE S52'41'38"W 97.82' " N S52' RAD: 418.31' 7 ARC: 208.37' CH: 206.22' z CHB: S38'25'25"W RAID: .31 90 9' '08 'rwn DELTA: 28'32'27" ' ' "W NORTH LINE OF SEC 16-T29S-R16E N 89'32' 51 "W 2136.42' THE NORTH 1/2 OF THE NE 1/4 SEC 16, TWP 29 S, RGE 16 E DELTA: 52'04'59" RAD: 235.75' 0 a > 3 J M ) o `n M M w O r7 Of 0 r ---- a - M Attachment number 2 Page 19 of 50 Li I w ''0 N (n d ? N P Lo I o to co 0 Z U V L, 0 z J -j- DEL A. . C3 .7 GOVT RAD: 5525.83' \\ ARC: 151.37' CLEARWATER LOT 1 / C7 CH. 151.36' GOVT LOT 3 GOVT LOT 4 CHRISTIAN CHB: S83'22'38"W COLLEGE DELTA: 01'34'10" :iiuniIIilUtllR' _ } Ayl. 589'22'57"E /Q TAMPA BAY 3 344.66' \ nm w wnmutrJwWwf: ?? of S`S?j POINT OF BEGINNING (? nn mnfIM7Rn :nm in I S? 2Q _ UPT'M TO V V~ / I Y I ??lll11? lJ1????? \ Q ? J U Inmrcmmrrrrnlmr!rml ?P O I r1l nnnin mmnuwrUl?J? EASTER o I J o ° u11TInTr1lRnnilJnRT Ln TRACT PER nuw?ur ?._ 'nI ORB 16135, PG 2664 iO a , I C2 f.^J' -1U m rri C7 _ ------S82'35 '34"W W N 828.46' J ---` - R/W r6 i -.?- ATE ROAD 60 $T BAY B EWAY RAD: 5525.83' ----- "_ GULF-TO PBELLCAUS ARC: 488.01' COURTNEY CAMP, USE`NAY POINT OF REFERENCE CH: 487.85' p AV1S CHB: N86'41'32"E DELTA: 05'03'36° FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: JULY 7, 2010 1410 L.PGA Blvd., Suite 148, Daytona Beach, FL 32117 OVERALL LB 12232 #7565 Phone: 386-274-1600 Fox: 386-274-1602 LESSX.DWG SHEET 1 OF 3 1" = 400' Item # 4 EXHIBIT "A" Page 5 of '6 Attachment number 2 Page 20 of 50 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING L1 50.00 N05'50'16'W L2 75.89 N82'35'34'E L3 17.60 N18'25'35'E L4 11.75 N66'10'36'W L5 36.90 N07'24'44'E L6 34.57 N27'46'29'E L7 26.14 N22'06'03'E -8 21,03 S85'27'49'E L9 47.05 N00'22'32'W 1-10 10.17 N76'03'09'W 1-11 49.43 N09'14'50'W L12 49.13 N21'51'04'W L13 15.55 N61'45'36'W L14 36.76 N39'48'21'W L15 38.04 N03'51'29'E L16 39.77 NO1'01'26'W L17 22,62 N39'14'16'W L18 6.68 N02'OF50'E L19 21.83 N48'07'04'E L20 23.22 N23'43'08'W 1,21 17.15 N60'13'20'E L22 10.05 N06'42'31'E L23 13.11 N41'29'06'W L24 25.74 N45'22'31'E L25 23.82 N63'18'48'E L26 49.94 N53'55'07'E L27 56.85 N00'16'34'W L28 180.68 N89'43'26'E L29 107,99 N00'16'34'W L30 17.99 N89'43'26'E L31 66.66 N00'56'49'W L32 71.74 N14°00'29'W L33 67.82 NW E 4W L34 56.35 S14'40'09'E L35 33.96 S14'45'24'E L36 156.14 S56`53'14'W L37 62.82 S69'40'42'W L38 14.89 S61'22'43'W L39 82.57 S71'52'59'W THIS SPACE RESERVED FOR RECORDING INFORMATION L40 53.45 S73'20'51'W L41 89.41 S061121391W L42 139.90 N89'59'27'E L43 98.98 N59'58'40'E L44 36.67 N59'58'40'E L45 39.40 N59'58'40'E L46 62.41 N59'58'40'E 1,47 25.85 N18'16'39'E L4B 33.69 N19'31'42'W L49 53.28 N45'49'14'E L50 26.81 N79'4 7'39'E L51 74.24 S89'45'54'E 1,52 67.91 S60'10'21'E L53 67.11 S90'00'00'E SURVEYOR'S NOTES: 1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82'35'34"W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: JULY 7, 2010 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 LB #2232 J7565 Phone: 386-274-1600 Fox: 386-274-1602 SHEET 2 OF 3 KJK Item # 4 EXHIBIT "A" Page 6 of 6 Attachment number 2 Page 21 of 50 SKETCH AND LEGAL DESCRIPTION i THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THE NORTH OF THE NORTHEAST '/o OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE S82'35'34'W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828,46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01'34'10°, A CHORD BEARING OF S83'22'38'W AND A CHORD DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16 W FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01'34'10", A CHORD BEARING OF N83'22'38'£ AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82'35'34"E FOR A DISTANCE OF 75.89 FEET; THENCE N18'25'35E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36 W'FOR A DISTANCE OF 11.75 FEET; THENCE N07'24'44E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29'£ FOR A DISTANCE OF 34.57 FEET; THENCE N22'06'03'E FOR A DISTANCE OF 26.14 FEET; THENCE 585'27'49'£ FOR A DISTANCE OF 21.03 FEET; THENCE NOO'22'32'W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09'W FOR A DISTANCE OF 10.17 FEET; THENCE N09'14'50"W FOR A DISTANCE OF49.43 FEET; THENCE N21'51'04"W FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36'W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.75 FEET; THENCE N03'51'29E FOR A DISTANCE OF 38.04 FEET; THENCE NOI'01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16'W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'SD'E FOR A DISTANCE OF 6.68 FEET; THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08'W FOR A DISTANCE OF 23.22 FEET; THENCE N60'13'20'E-FOR A DISTANCE OF 17.15 FEET; THENCE N06'42'31'E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06'W FOR A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'48"E FOR A DISTANCE OF 23.82 FEET; THENCE N53'55'07'E FOR A DISTANCE OF 49.94 FEET; THENCE N00'16'34W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26'E FOR A DISTANCE OF 180.68 FEET; THENCE N00'16'34'W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'26'E FOR A DISTANCE OF 17.99 FEET; THENCE N00'55'49'W FOR A DISTANCE OF 68.66 FEET; THENCE N14'00'29'W FOR A DISTANCE OF 71.74 FEET; THENCE N14'13'49'W FOR A DISTANCE OF 67.82 FEET; THENCE N14'40'09'W FOR A DISTANCE OF 56.35 FEET; THENCE N14'4524'W FOR A DISTANCE OF 33.98 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 32.00 FEET, AN ARC LENGTH OF 40.04 FEET, A CENTRAL ANGLE OF 71'38'38', A CHORD BEARING OF N21'03'55 E AND A CHORD DISTANCE OF 37.46 FEET TO A POINT OF TANGENCY: THENCE N56'53'14'E FOR A DISTANCE OF 156.14 FEET; THENCE N69'40'42E FOR A DISTANCE A DISTANCE THENCE .89 DISTANCE FOR A OF 62.82 ET; THENCE .57 N73'20 51'EEFOR A DISTANCE OF453.45 FEET; THENCE N06 12 39 EEFOR A DISTANCESOF 89.410 FEET; THENCE N89859 27 EE FOR THENCE DISTANCE OF 139.90 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 235.75 FEET, AN ARC LENGTH OF 195.98 FEET, A CENTRAL ANGLE OF 47'37'49, A CHORD BEARING OF N18'16'13'W AND A CHORD DISTANCE OF 190.39 FEET TO A NON-TANGENT LINE; THENCE DEPARTING SAID CURVE N59'58'40E FOR A DISTANCE OF 98.98 FEET; THENCE N59'58'40'E FOR A DISTANCE OF 36.67 FEET; THENCE N59'58'40'£ FOR A DISTANCE OF 39.40 FEET; THENCE N59'S8'40'£ FOR A DISTANCE OF 62.41 FEET; THENCE N18'16'39'£ FOR A DISTANCE OF 25.85 FEET; THENCE N19'31'42'W FOR A DISTANCE OF 33.69 FEET; THENCE N45'49'14'E FOR A DISTANCE OF 53.28 FEET; THENCE N79'47'39E FOR A DISTANCE OF 26.81 FEET; THENCE S89'45'54'E FOR A DISTANCE OF 74.24 FEET; THENCE S60'1021'E FOR A DISTANCE OF 67.91 FEET; THENCE S90'00'00'E FOR A DISTANCE OF 67.11 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE NOO'00'00'E ALONG SAID SECTION LINE FOR A DISTANCE OF 663.42 FEET TO THE NORTH LINE OF SAID SECTION 16; THENCE DEPARTING SAID EAST LINE ALONG SAID NORTH LINE N89'32'51'W FOR A DISTANCE OF 2136.42 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 418.31 FEET, AN ARC LENGTH OF 208.37 FEET, A CENTRAL ANGLE OF 28'32'27°, A CHORD BEARING OF S3B'25'25"W AND A CHORD DISTANCE OF 206.22 FEET TO A POINT OF TANGENCY; THENCE S52'41'38'W FOR A DISTANCE OF 97.82 FEET; THENCE N89'32'51'W FOR A DISTANCE OF 81.65 FEET; TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYSHORE BOULEVARD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE S52'42'01'W FOR A DISTANCE OF 73.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET, AN ARC LENGTH OF 243.90 FEET, A CENTRAL ANGLE OF 52'04'59", A CHORD BEARING OF S26'39'08'W AND A CHORD DISTANCE OF 235.59 FEET TO A POINT OF TANGENCY; THENCE S00'37'03"W FOR A DISTANCE OF 1378.55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE S89'22'57 'E ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 344,66 FEET; THENCE CONTINUE ALONG THE BOUNDARY OF SAID EASTER TRACT S52'12'03E FOR A DISTANCE OF 572.80 FEET; THENCE S00'46'40'E FOR A DISTANCE OF 191.08 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 60 AND A NON-TANGENT CURVE: THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE, ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 488.01 FEET, A CENTRAL ANGLE OF 05'03'36", A CHORD BEARING OF N86'41'32"E AND A CHORD DISTANCE OF 487.85 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 98.99 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM An T ECHNICAL STANDARDS AS SET FORTH BY. THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER _ 5J-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR/MAPPER #6105 WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: JULY 7, 2010 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 LB #2232 #7565 Phone: 386-274-1600 Fax: 386-.274-1602 SHEET 3 OF 3 KJK Item # 4 EXHIBIT "B" Attachment number 2 Page 22 of 50 I Z!-Z-F- I L __ II ? _? I el , a, E L? Illt d °rl an "C 'y .... ... I S S ° FF_ S o 'F" s B S X ? ? £ s g 0 2 1 s ' g g s s a R ? _ Q E o ? 8 N C t y ? D Fay - - - : oy s e a? n ^? € ¢ ax € ig c °8C a =Y - 6 - - _ - 8 ffi X 6 F?° k qe Y-N 5 V 9? F zj R G? z-X?:- ffi gg s d M a pf D \ yQ ag g s ?9??? O\ o S= F 6 4 g F ? Ln T Z v i D Z $ H ? A ? y 0 4i 5 Z x ? g? z? a a 9 o s e o z ., o a s ? 5b 442a ea8?' ??84 e 8 $ 8 6 , ? a a ? a ° a N a v a .. 5 a a x p ? e I e N ° e N $ H 3 : r N ? k f y o D 0 6 ;, 8 8 e a r v - S N $ 0 ? 8 8 E lI S 8 8 r - P m C> ' 8 v 8 ? ? b - a 8 6 g # e ?' 3 ` s a e ? 5 e E N E ? ? 9 ti$ CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL INC. as m N 3400 GULF TO BAY BOULEVARD x e CLEARWATER, FL 33759 jNADETRM I o Ll CAMPUS IMPROVEMENTS b MASTER PLAN ;xEV onic ocsrAimiav a. Attachment number 2 Page 23 of 50 Exhibit "C" Mitigation Plan Developer agrees to mitigate the impact of the development that may occur in the areas formerly classified as Preservation on the City's future land use map and now classified as Institutional pursuant to this Agreement, state and federal permitting agency requirements. Developer shall: 1. Upgrade entire site's stormwater facilities within the Master Plan Area. These upgrades will include but are not limited to: • Providing water quality treatment for several parts of the campus that discharge untreated stormwater directly into the surrounding mangroves and Tampa Bay; • Improve the effectiveness of the existing wet treatment pond adjacent to Cathcart Hall by eliminating its ability to commingle stormwater runoff with daily tidal inflows/discharges; and • Eliminate frequent nuisance flooding within some of the parking area, classroom and administration buildings. 2. Make application to Southwest Florida Water Management District (SWFWMD) and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank within 60 days of final approval by the City of this Agreement. The proposed Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay area water basin. The credits will be derived not from the creation of new mangrove area where none currently exists, but restoration of existing mangrove habitat that, depending on location, is moderately to severely-impacted by sedimentation, mosquito ditch dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and Coopers Bayou. The restoration effort will focus on improving flows through the mangrove by upgrading the culverts under Damascus Road, removing sediment and muck, and sculpting the sides and bottoms of select mosquito ditches, creating a branching system of tidal creeks that improves ambient water quality and ecological habitat. Secondary effects of the branching creek system will occur through improved daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange characteristics that existed before the construction of the Courtney Campbell Causeway; and improving the flow characteristics within the mangrove by demucking, widening and creating a branching tidal creek system within the mangroves. The Mitigation Bank shall be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62-342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate mitigation strategies necessary to achieve the maximum mitigation within the Mitigation Area. An appropriate number of credits would be used to compensate for wetlands impacts associated with the Developer site improvements. 3. Place a conservation easement over the Mitigation Area, in conjunction with city, state and federal permitting. In the event the state and federal agencies approve the Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the Item # 4 Attachment number 2 Page 24 of 50 event the City does not wish to take ownership of the Mitigation Area, to another government or conservation organization, in fee simple, for the purpose of expanding the Coopers Point Nature Park recreation area (subject to approval of the USACOE and SWFWMD). 4. In the event the state and federal agencies do not approve the Mitigation Bank, or, in the event approves the Mitigation Bank but does not rate the proposed restoration adequately high, limiting the number of credits available for purchase to the extent that the Mitigation Bank is not financially viable, Developer agrees to proceed with individual mitigation projects, as permitted by the State. Such activities may include: a) Upgrading the existing culverts under Damascus Road to improve daily tidal flows through the existing mangrove; b) Removing muck from select mosquito ditches within the existing mangrove to improve tidal flow and/or ecological habitat; c) Removing sediment and muck along an alignment of select mosquito ditches to simulate a branching system that improves tidal flow and ecological habitat. Secondary effects of a branching tidal creek system will improve daily tidal exchange in Coopers Bayou and partially restore its natural hydrologic characteristics. d) Improving campus drainage facilities and eliminating discharge of untreated stormwater runoff to Tampa Bay. 2 Item # 4 EXHIBIT "D" - Pa e 1 Of 2 Attachment number 2 251 50 1 V - i t NFm ?r?' I * ? s Q D ? I `r i - l " r to \ ? 1 t Cn N Z 3 m m I Z? pp ?? m c 01 1 ? n m v ? m m n 7J 3 ? ? ? ?{ c a c m M c r ?- o n m m 1" p "?pn tD o o 3 n F E y. ?.. ? Z h ?° a rn ? 3 m ?' ? JS m vii 8 Item # It - a W 0 . r , I 1 'I CD L -I _. .. o 1 r N ` T -i \ D \ \ r V L h r y. e l ,I ? oi ? co ? p'? ^. '? m g a z M Q l -?]]] W o A v n uI > ??? A p 'o G N to 0 Item # Attachment number 2 Page 27 of 50 Exhibit E Deeds (All recorded in the Public Records of Pinellas County, Florida) 1. O.R. Book 2356, Page 748 2. O.R. Book 4248, Page 1055 3. O.R. Book 4248, Page 1059 4: O.R. Book 2465, Page 102 5. O.R. Book 10311, Page 1231 6. O.R. Book 10778, Page 1420 7. O.R. Book 10214, Page 919 8. Deed to Easterland Properties, LLC, OR Book 16135, Page 2664 Item # 4 Attachment. number 2 Page 28 of 50 GG .741 satiAle? - - Ydaut a 1"0 w...e+? C-w.w. = r...+-tw. ?.. , . Zt 7[?1TrY?. - ty?aele tidc.. 28SC2i sss{ di . xar ech ; ,e,.:•. c -- h?r+rawe e. .,1CI'tR, a 7?i i='s nett' XM,-.Z. nT"o 't?i3o?I MIFF .Utl?Sto? MAN" Co d f - pact- ins _ of "Ve tav frt^ «+o L?si `lI1C]f .?stlYli'ls ?.?C?O toz ties 3 r pz'oaea:a 6r baei Mtn e a. pl?aritfs. C?a` o?? ?,r4t_;*e : 003 ZYto. iHas`A. -Cliear (3 j11sa:a atC i rftt4 .n ..cx xar a: • •,,e That r:+ ss'd pars f q at a" +-W. air:. for,*- _,? so7.2lOrs1 'r hrr,o's+3 tv zcr_• sa:C pan r --E +^e saerd pa•• rim .e--r +v??aar ._j i r e _ `•ns g:?K-tee x L_.-3 a,d- se!d 'o 141W si:dY ?F Me :eccs-cF_ ee.+,ts3/?4-. ?'l?Rt ;,: , • 3 aas +- !o?eve-. *-.0 folb.r+rQ d_a-scr' -d t0nd. s."usaa Gia w°?. F.ar.'w. a .++• I+F; r`.hes3t ?,'?? . of S.i^ t 4a?p 15, of tars 3?arttteas: 1/4 of ,Lze 1isrlr? .... sb:Lp 29 3,. Range 3.6 IL end a POX east 1A o:r So=ti-on 16., TO- VAULP 29 S. Rezwe +6 ' S, C Ltg of C le?ar water C? Pi?ptsl3ss . Counir,}Ts ?Ioridrs, ?iaisag -de%&v-1-bed a? ?'bll:are:. 3tabrt Met tb?n 1?0?tb aus _ornar at Jovs+ at I,4t , in the northeast ].aft or Sea- i tlon 16--29-i6 Tor a P-o.B axed ao South 00 deS 02 =3..o 42 aaa r1-, - a 558-.44 t'±t 3 ww_ ties east ire of swfd G¢averssaMUt TAt 4; thenc-e ..'so 99 • jjO>rt37 Sq deg _A0.=1n 26 bee 5ex?'t, %-FW.00 reeti thence go South 41 deg T 29 zan of sec X, 453 . f-. feet to a po iret oas Um lboS"therly right: ?f-- a . *&y XLae qY Courtney 1axarbcM1: PazAcw8.Y, fence. go $a-jth. -32 deg :8 Main 32.. seo V. 392.52 Fees a aaeUd ri$h Iliac; .t..Lvsbcs go _':orcth -- C-60 de+s 02 Maisa 42 sea B. l - 20 tt; tlzesice : jeaw. Sroatth 83. da+g 5e =lU X3 ao MiLat, 900 00 Tact to a post as the arist I.siats a :ha cast 3,/4 of the lIoith;-ast 3f E or tues a rormaantioaad Seetioa 16; i _ thera-a cc 3,-n th 00 deg 02 -in 42 sec.-, Wear.. T19.33 test a1o:^,R :.said aatst Nina to tree ?.0.13.. _ :'? - •? .r 4L 1;4 3uDjtC't ra ri,2?*--oP--?-IY oS recto#. - - ? VL4 *van date. i appy"ft--o'-fts a+a t ?.? {i pr :*Ttlx h4nd 437-4 $0041 4.1-1 le-S- :iL i ash `'.L• Ccirr-t ;2 ..?. MUM 7N 13. SKIM-M Irkal Cw: es &W th -saw 17 S4 Item # 4 Attachment number 2 Page 29 of 50. . qrC ...-,.? t. ?. 4248 PwI054 ?e II k/ WARRANTY DEED s ?'• ,3 5 THIS INDENTURE, Made this day of December, 1974, {. i Between DERWIN B. SMITH,. II. Joined by his if.. LINDA B. 8MP1'li,. residing at 968 Monterey Point } City of St. Petersbu _ of the ;$Rounty of Finellas, and State of Florida, Parties of the First Part, and 3 CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL,- INC., _ A Florida corporation, 3400 Gulf to Bay Boulevard,Clearwater, Pinellas County, Florida, 33519„ Party of the Second-Part A WITNESSSTH, that the said Parties of the First Part, for and in.eonsideration of the sum of ten dollars and other valuable con- sideration to them in hand paid by'the said Party of the-Second Part. the receipt whereof is hereby acknowledged, have granted, bargained, ff and sold to the said Party of the Second Part,-its successors and `a assigns forever, their undivided one-half interest in and to the cc rx.4 following described land being described as follows:. m Being a parcel of land in the NEB of the NEh of Section 16, -.? 2[Csoa e •? ? ? ? Township 295, Range 16E, City of Clearwater, Pinellas County,- Florida, •. ' being described as follows: Start at the SE corner of the.NEs of the NEh of i Section 16-29-16 and go N 00°. U2' 42" E, 719.33' along the east line of said NZ14 of the NE; of Section 16 to the P..0. aJ? thence go N 89° 57' 18" W, 900.00'. thence go N 00' 02' 42" E, 609.581 to a point on the north line of said Section 16; ??+? e w ' 4 thence go S 89° 32' 56" E,•900.02' to the NE corner of said Section 16, thence go S 00° 02' 42" W, 603.20' along the east line of Section 16 to the P. 0. B. Containing 12.53 acres more or less. `':•..+n. i.? b ..'' p<= ?W •,•2: t 11= 0 0. v 5 _ 're tern I'#4 WWI . r a t And the said Parties of the First Part do hereby fully warrant i the title to said lazed, and will defend the same against the lawful claims of all persons whomsoever. -- - r d I d aled and d Si S liv ?. tSx "ll , ne e ere e n ?? ? f . sue..: h- (SMAL) presence o . i • . DERWIN B. SMITH. 11 :'?'•':" ?) a , ? 1 • .?^A"?3 (SEAL) ?•? LINDA R. SMITH ;?; et o- gr'v STATE OF FLORIDA ) ?' .Qar } •. COUNTY or PINELLAS )SS-. . { 1 ti ? 0 . z $ ''' I HEREBY CERTIFY that on this day, before. me, an officer duly. • ? authorized in the.State aforesaid and in the County aforesaid to take = `'"'=_••' a0mowledgments, personally appeared DSRWIN B.--SMITH, II, joined by his wife, LINDA S. SMITH, to me known to bs the persons described in i and 'who .executed the foregoing instrument and they acknowledged be t me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this -day of December, 1974. q ? A NVfARY PUBLIC 2. . t y ro F B w 9 My Commission Expires: -C Cc `L's?'of i(aeir•,,R L+pr?F??r• _• i?f ? ? F'• > u - - KobrJ p5ttk. Sa ?Y??•K '.. •. ?. ?.ah ?,p(plptwob wweS. MAX t Al .C O y- S'` . :' ' . Attachment number 2 Page 31 of 50 i 1.. $'k OAJLJ? .4248 ADMINISTRATOR'S DEED t THIS INDENTURE, executed this 17th day of December, 1974, e; `'Lt between DERWIN B. SdITH, II. Administrator of the Estate of =a.•. Derwin B. Smith, Deceased, Party a the First Part, and CONSERVATIVE CHRISTIAN PRIVATE SCHOOLS. INC., a-Florid a corpora tion, as Party. of the Second Part, whose address is 3400 Gulf to s z Bay Boulevard, Clearwater,.Pinellas County, Florida, 33529, WITNESSETH: Party of the First Part, pursuant to order of the Circuit Court of Pinellas County, Florida, dated the 16th day of December,, .:?: •'?;., x 1974, and-in consideration of the premises in the sum of TEN and , c>> ` • NO/100 ($10.00) DOLLARS and other good and valuable considerations. _ ? ??•..•:?,, in hand paid, grants, bargains, sells, aliens, premises, releases. .,,,, %?•= conveys, :and confirms to the Party of the Second Part, and to its ____ a 3La" :rt assigns forever, that certain real property situate in Pinellas County, Florida, more particularly described as follows; 3 - o a , Part of Government Lot 4 in.the NE 1/4 of the NE 114 of Section 16, Township 29 S. Range 16 E, '`•_''c'':4 City of Clearwater, Pinellas County. Florida, being described as follows: - Start at the SE corner of the NE 1/4 of they ''. NE 1/4 of Section 16-29-16 and go N 00° 02' ° ` 42" E, 719.33' along the east line of said ++ O r NE 1/4 of the NE 1/4 of Section 16 to the P.O.B., thence go N 89° 57' 18" W, 900.00'; a thence go N 00° 02' 42" E,-609.58' to a point on the north line of said Section 16; thence S r go S 89° 32' 56".E, 900.02' to the NE corner y s. of said Section 16, thence go S 00° 02` 42" 6J,°?„ i 603.20' along the east line of Section 16 to the P.O.B. Containing 12,53 acres more or less. TOGETHER with all and singular the tenements, heredita y. ments and appurtenances belonging or in anywise appertaining to that real property. TO HAVE AND TO HOLD the same to the Party of the Second Part, and to its assigns, in fee simple forever. AND the Party of the First Part does covenant to an3 with the Party.of the Second Part.-ic:..assigns, that in all things preliminary to and in and about this conveyance the orders Item # 4 Attachment number 2 Page 32 of 50 x..4246 rAUSGO- o£ the above-named Court and the. laws of Florida have been followed and complied with in all respects. IN WITNESS WHEREOF, the. °arty of the First Part has set f his hand and seal on the day and year first above written': Vd, 5 DERWIEq 15? 5MIEK, , A m.inistrator c ,, .,,r f;rF y of the Estate of Derwin B. Smith, Deceased Signed. Sealed and Delivered - in. the Presence of: f~?° i *}, a4???rYt - {? ? - •` +...a..r? (-?c•-O-•1?i{{??a -r..? 4i?itL?.'„?,?•S,.,Ypr t STATE OF FLORIDA ) `u `;_' {ate-r•r?? _? $ Q,i'=r1?'' _as t COUNTY OF PINELLAS ( CC b.; •; I HEREBY CERTIFY that on this day personal) appeared before me, an officer duly authorized to administer oaths. a:3 take • acknowledgments, DER14IN B. SMITH, II, as Administrator ;of the L a Estate of Derwin B. Smith, Deceased,' to me well known and known „ to me to be the person described in and who executed the foregoing Administrator's Deed; and he acknowledged before ne that he - executed the same nor the purposes therein expressed. WIT14ESS my hand and official seal at St. Petersburg, Pinellas 3 County, Florida, this 17th day of December, 1974. p? nnan..+ ?ta,,Public erm My Commission Expires: NW,tr Putlic.•ta a: Fk43 it utc y3 ?,m ,,is un 4PU S MAY 31, 1918 !I U 2 J Item # 4 Attachment number 2 Page 33 of 50 71 9G 792ES :`??s? a ?r 2465 PmEJOZ. 0 TITCLAIM DEED 1-U-3 V D; L UR s, -sat this .x2 day of September- .... _. , 'A. D'. ? . T I J5 s. `. ?eez -:TY O CL-EARWATER, FLORIDA. a municipal corporation, :„arzy o.-of the !asst a,... CONSERVATIVE CHRISTIAN PRIVATE SCHOOLS. INC,., a Florida corporation. Box A0 Clear imter,Fla 33517 of the C:aaraty cf Pirel:a.s aria State of Florida part .A WT1-7ES3zTH. Teat the said party of the first part. foe and in coneideratson of d z>* :saa= st 0n* Dollars, in hand paid by the said party of the second ¢azt, ±c r?e:rw ,r:,ereof is hereby acknowledged, bath remised. relaasad and gsitelairr-ad. 3ne-- y _:.csc Presents doth remise, release and quitclai:ii units the said' e.ar:T -: ::sa se_--nd par:, and - its s seam assigns forever. all-, the ri=, is eresz. alaira and demand which the said party of the first part; a`:= t=* described lot . piece or parcel of Ladd, situate, Lyin arm. 's _s? e G ?r:.2y .f Pinellas. State of Florida. to wit: t-l %La.t part of C3ove•rsuaent LOt One (1) is Section 15, Tow ship 29 South. Range 16 East. lying South f s °W-a"- ?,f at: Easterly projection, of the North Line of Government ca MR. Z.ct Timmuz (4) in Section 16,. Township 29 SoutU. Range 4Cb 14, East, which projections is e=teuded to, the deep -rater Mrr. ci_&=*1 of Tsaipa Bay, including fuls, riparian rights. 1SPA TO HAV7- ,A2:D TO HOLD the same, together with all, and singular the app-?!ra_.-t t:tre-=zo or in anywise appertaining, and all the c3t3ta., dt/e i : res:-aria claim whatso_-er of the sail party of the first part, either in lsw -e eq --t. tke rl?r Prof er benefit and heheof of the said !-1-Mel ors party C4 the ;.art.- its and assigns forever. - e L'` AI :::E's8 a/HERZOE', the said party of the first part has caused these i pre*-mzs -e exec.:, Ls 1%s :-.are y its City Manager, City Clerk, ccci.-stersigaed by its == -C%M ::s si rasr, and approved as to form and correctness by its Cite Arr..rs _7. azed, itz e..:,.:rats see.! to be h-areunto attached, the day and year 'first CITY OF CLEARWATER, FLORIDA Fly. City Mana Attest: s.:s5, r :ity. Clerk _ i Signed, aea ed a=,* :elivart: is pzp3erca at: s r Si-A, E -r:'-LCPtCOA Apprroofad as to form and cnrrectncss: .? City A orney - :t 3 W Item # 4 ` : 2465 mm103 COUNTY OF' Jk"XNELLAS ) - I HEW- CER'TIB Y. t2snt vFa tbi s d-y of C _ iMmbor 3 . A: D. •1966. before a*- pereaoallT appeared James R. ta+rsrp. Herbert M. Brawta, . whiteba" 8. G_ :ad ?oi Turner respeetiwel-y City Uansger. City Attorney. City Clerk raxd'Mayor-CGS.zmfiSSiURes of the "City of Glesrwater. a tnuaicfp" corporation exisaxtg-under the laws' of the Scats CA Florida. to tae known to be the individuals and oWicers daocribcd in and who esacuted the toragcing eoa'reyaaoe to Cosservative, Chsi0t30a Private Schools. Inc. .: a Florida c6vPosation and'aaverally aacwncvw2zdged the axecwlon therss£ to be Chair free act and uead as. + su4n officers Sheraujito duly authorized; and that the official seal of.zLid r'iurfcipal corporation is duly aff -%ad th4weto. and the said coavelance is the aet and d.ad of said corporation. W'TM1'9:S :ny.s13%Mteusa a %Ld official seal at Clearwater in the County o: kiaellas and :state of Florida. the day and year I:. 7%bove writtaaa. N P. c state o Flo da at Lass a -.My Conptai'saion acgisea: T t-• L.f? ?en[sal? s? Ea F ? yy .faPy,L':Ki :? MsY. Item # 4 Attachment number 2 Page 35 of 50 - _ .. ..? 'i: 'rK?'s:.? :{??:3:.Y? R :J?• _ F ,3 ~ 3?'`'k?{.•:a?`°ar?:?PCVy`c.wi;. ri•`•?`4'" ;ia•?'r.y .:-?? . <t...Pt.y ?, •.•A.. 7;44: ,nrt , 1:( 4 ,?l .eF ?' 13\. F • •,. S n. i•&.. yi:1:••.iiTM }?'??Yi?:•.??. 1 Y f- ' il'• .. s INST i 913-332660 NOV 4, I989 ! ?aM THUS INSTRUMENT RNREPAA£D OV AND RVrt1RN TO: STEPHEN A. BAKER h ALLAN & SHIPP, P.A. 4, P INELLAS COUNT Attorneys at Law OFF g ! 111 RECD ZO 6675 13th Avenue North, Suite 2C INST # 98-371343 hs St. Petersburg, FL 33710 NOV 20, 1998 ! :36PPt -----T 'Ws WARRANTY DEED rs •____ (CORRECTIVE) P INELLAS COUNTY FLA. OFF,REC.BK 10311 PQ 1231 lV THIS WARRANTY DEED made this day of C ?U ?-eY' 1998, 6y 'I 'A DERWIN 13. SMITH, If, a married person w whose address is 4755 Overlook Drive N,E., St. Petersburg; FL' 33703, and . H E4 W LINDA BRAG, s married peraon, formerly known as LINDA B. S_M1TH whose address is 1356 88th Avenue North. St. Petersburg, FL 33702: J 3: Ix oa .:? hereinafter called the grantor. to la CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC. a Florida non-profit corporation a whose post office address is 3100 Gulf--to-Bay Boulevard, Clearwater, FL 33759 uo o hereinafter called the grantee. a- W? (WIIEREVERUSED IIERFLV.TIIETERSIS"GRANTOR"AND"GIL "GMVITS" INCLUDE ALL THE PARTIES p; Towns 1NS'rRl.%wv r A.ND T11EJ1EIRS, LEGAL REPRESENTATIVES AND ASSIGYS OF LNI)MO4AL5, y C! ANDTUEStY: VISORS AND ASSIGNS OF CORPORATIONS.) H ? - W a WITNESSETH,that thegrantor,forandinconsideration ofthesumofTen($10.00)Dollars Ai and other valuable considerations. receipt whereof is hereby acknowledged. hereby grants. bargains. rn a sells. aliens, remises, releases. conveys and confirms unto the grantee, all that certain land situate 4 in Pinellas County. Florida, viz: 81 SEE THF, ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION t CORRECT PARCEL NUMBERS 01 !;t ;by Parcel Numbers: #16/29/16/00000/120/0200 0 #1 6/29/1 610 00 0 0/t1010200 16/29116/00000/130/0200 I #16/29/16/00000/140/0200 1.6/ 29 / 16 / 00000/ 140 / 0100 FCFS The subject property is not the homestead of either Grantor. Riv This Warranty deed is a corrective deed made to correct the Iegatdescription set forth in that certain Warranty Deed. from grantorto grantee dated 02/20/98, recorded 02/24198 in O.R.Book 10001, at page 2157, which in error excluded that certain property deeded by grantor to Robert D. Winn and Mary S. Winn Warranty Deed 41ted 11/I6/92, recorded 11/18/98 in O.R.BookS094, at page 1155, WI of the public records of Pinellas County, Florida. ' Item # 4 P 9 Attachment number 2. Page 36 of 50 PINELLAS COUNTY FLA. OFF. aEC „8X -tGe9t 1"392 TOGETHER with all tlas tenements, hereditanments and appurtenances-thereto belonging . or in anywise appertaining. PINELLAS'COUNTY FLA. TO HAVE AND TO HOLD the same in feesimple forever. OFF.REC.BK 103I 1 PO 1232 AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in tee simple. that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land -is free of all encumbrances, except taxes accruing subsequent to December 31, 1997. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year-first above written. WITNESSI<S: ,l Print;&,Ceo DERWIM ° ?!S!Il- i; II _ _- .-- Print' > 1 Of N ATWMIIC SONOWO CO. INa S'rATE OF FLORIDA COUNTY OF PINELLAS 'the foregoing instrument %vas acknowledged Ix tore me this day of I99Si,` by LINDA BRAGG, a married person, Vkht LINDA I3. SMITH, who ersd>nally EM o 2o me or who has produced as identiticatton w o I Mean drttlt. •"" kt.n A. Sivq,?y, k. trf coymr9IQN # CCIM114 EWES )r" 7,2W Notary Public eaeci o ntW MW riw IGMANCE NC lvly C'omntission I?xpires: (p= 7--01,4Slif\L) Item # 4 WITNESSES: P66 10 LINDA BRAG.- ;, M LA DA B. SMITH I'rdnt: t?C' STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me thi!IZ day of 1098. by DERWIN B. SMITH, II, a married person, who is personally known to.mcor'who has produced. - as identitiLutiun and who. Cild ake an oath. / Ir "t ???'f IGMBMV ANN JEWM &bd?,b COMMtSWN # CO 4=51 Notury Public. b7ym aw G+' 1869 My Commission Expires: (SEAL) Attachment number 2 Page 37 of 50 Al, 1VOY • ;:}..f: -:ti .RA;Ii ?::+*hi???i.?,i•• ?'•?ri 1' •Y7?1? _ f PINELLAS COUNTY FLA. OFF .nr"r 2393 { EXHjB-11 rrArr Page 1 of 2 P INELLAS COUNTY FLA. LEGAL DESCRIPTION oFF. REC . eK 103 11 PQ 1233 i The North %: of the NE K ofSection 16, Township 29 South, Range: l6 East, Pinellas County, Florida, and that part or portion of Government Lots 3 and 4 ofsaid Section, which lies North ' of a line beginning in the West boundary of said Government Lot3 at a point 250 feet North of its Southwest corner And extending North 89" East to navigable water in Old Tampa Bay: t That portion thereof deeded to Robert D. Winn and Mary S. Winn, husband and wife, on -? November 16, 1992, by deed recorded in 6.11B'ook 8094, page 1155, public records of Pinellas County, Florida, described as follows: That portion of the NWJ• of Section 16. 'township 29S, ; Itange 16E, lying South of Drew Street, East. of Unit I of Crystal Heights Subdiy:3iorr. and Northwesterly of Bayshore Boulevard - together with the riparian rights thereto, being more f particularly described-as follows: i From the NE comer of the NW.Y. of Section 16, Township 29S, Range 16E, as a point of reference, thence S 0°3T03" W along the North-South Centerline ofsaid Section 16 a distance of 330 to the Northeast corner of Lot 9, Unit I of Crystal Heights Subdivision as a Point of Beginning: thence continue S 0°3T03_"_..W along y of said Unit 1 of Crystal Heights said centerline (being also the Easterly boundar Subdivision. as recorded in Plat Book 28: page 64, of the public records of Pinellas County, Florida), a'distance of 212.47 to a point on the Northerly right-of=way of Bayshore Boulevard (a I00' right-of=way); thence along a curve to the right, having a radius' of 368.31 ", a chord bearing of N 41'35'48" E. and a chord distance of 146.17'ro a point oftangency: thence N 61 °021 V' E along said tangent right-or-vvay. a distance of 184.66' to an intersection with the Southerly right-of-way of Drew Street (currently a 33' right-of-way); thence N 89°29'50" W along said Southerly right-of-way (33' frorn and parallel to the North line of said Section 16), a distance , of 242?1' to the Point of Beginning. Containing 23.549 square feet. (0.54 acres) 3bgether with the riparian rights to the lands lying directly Gast, across the 100'right- of-way for Bayshore Boulevard (as recorded in County Petition No. 80, dated August 4. 1925) being further described as rollows: _ The North 232.47' of the Northwest 1A ol'Section 16, 'township 29S. Range 161-L lying be-tween the Easterly line ofUnit 1 ol'Crysta[ FlcightsSubdivisiun, as recorded 1 in Plat Book 28. page 64, of the: public records of Pinellas County, Florida, and { extending Easterly to the nican high water mark of Old Tampa Bay - Less a 100' right-or-way tier Bayshure Boulevard -as described in County Petition No. 80. dated August 4. 1925. Riparian rights granted are limited to the Lesser o1: (A) fifty (50') li:et lrom the upland, or (fi) the ntaxiutum clock length permitted by law, whichever is the (cast. Item # 4 Attachment number 2 Page 38 of 50 • PINELLAS COUNTY FLA. • OFF 4 Continuation-of EX11101T "All LEGAL DESCRIPTION (Corrected) Page 2 of 2 PINELLAS COUNTY FLR.. s OFF.REC.BK 10311 PO $234 :q .... ... LESS: -- That portion thereof deeded to Conservative Christian Private Schools, inc., on March 28, + 1966, by deed recorded in O.R.Book 2357, page 13, public records of Pinellas County, (Florida, described as follows: Start at the NE corner of Government Lot 4 in the NE '/; of Section 16, Township 29 South, Range 16 East for P.O.D. and ga.South 00°02'42" West 558.44 feet along the East line of said Government Lot 4 thence go North R9°30'26" West 300.00 feet; thence go South y - 41°29'04" West 453.31 feet to a point on the Northerly right-of-way line of Co :rtney Campbtll- - .x<• Parkway: thence go South 82°3$'52" West 302.52 feet along said right-of=way line; thence go North r 3 00002'42" East 1,654.0 feet; thence go South 89°57'l 8" East 400.U0 feet to a point on the East line of the NE'/. ofthe NE/& of the aforementioned Section 16; thence go South 00 °02'42" West 719.33 feet along said East line to the P.O.B., and also . LESS: Fart of Government Lot 4 in the NEY. of the NE'/s of Section 16, Township 29 S., Range Ib E., City of Clearwater, Pinellas. County, Florida, being described as follows: Start at the.SE corner of the NEYa of the NEV. of Section 16-29-16 and go'_N 00"02'32" E. 719.33' along the East line of ' said NE'/, ofthe NE% of Section 16 to the P.O.R., thence go N !39°S7`18" W. 900.00 : thence go N 00°02'42" E. 609:58' to a point on the North line of said Section 16: thence go S 89'32'56" E. ?- 900.02' to the NE comer ofsaid.Section 16, thence go S 00°02' 12" W. 603?0' along the East line of Section 16 to the P-0.13. LESS AL4D EXCEPT: 'fhe rigfit-of way of Davis Causeway (known as Courtney Campbell Causeway). Pinellas County. Florida. and also LESS AND EXCEPT; A 100' right-of-way for Bayshore Boulevard as desurilx.[ in County Petition No. RU, dated AutCUSC - 4.1925. 5C! 10978 h N i i • 20.1908 13:00, 0, I 01 DED-DERWIN SMITH II/CIN0:4 d SHIT RECORGIt16 ?•1 5b TO TP CHECK ANT. TENDERED: 19.50) :hN1?lt?E: t•. CO ICII0091 JAG 11-03-t99a 12-30:96 01 GE?-CLYR IBTIAN COLLEGE RECORDING 119.50 T: (19.50 CHECK MO.T t $19.50 c Mo Item # 4 Attachment number 2 Page 39 of 50 . MRLO F. lE Inert. MR OF MPT rills I.v\ Clit'?IE_1T t'ltEt'.\RF:O 111' .01) itFTUMN TO: PI11EM 43xM, FURIDA S'TEPI,IEN A. BAKER . 00-006259 JAN- 7-2000. I t : LOAM ALLAN & SHIPP, P.A. P INELLPS CO 13K 10778 PG 1420 M4VA 01-07-210M MS Attorn ys at Law 1111?Ilml?fl?(1JIt?IIQu(Imlll?Qd ID 6675 13th Avenue North. Suite 2C Ix; tQ?: : St. Petersburg, FL 33710 -MMUIIlG -002-M ES 1 410.50 U S1W - M19 3 1350.00 [Parcel ID 1116/29/16/00000/240/1000 ----- 4 P t. IE}iDFRED: r 1 b0.50 WARRANTY DEED 3y . ?cmr amc 1.00 // THIS WARRANTY DEED made this w day of January, 2000; by ;&LBERT Vv.'COPELAND. a married person those address is Post Oftiee-130.1c 4454. Clearwater. Fl. 33758 herLinaftcr called the grantor, to CLEARWATER CFIRISTIAK COLLEGE PRIVATE SCHOOL. INC a Florida non-profit corporation %V1105e.post-of ice address is 3400 C.ulf.-to l3 r<Boulevard:"C[cartvatcr: Fl, 33757 z hercinatter called the granter:. (N'IIERL'?FRC%FDl'Fl'F.LN-niETFjL%ts"c.p-%. rOR".tirn'•C.iLtVrF,F'•I..NCLt,bE,%LLTIIE.rtUTiF_I ro Tuts m%ntt trF,,T.t.\n 'nir uF:nLS. LICUM. uF,rRt:sL rt rivFs .%.No tsisirvs of Molviol.m . tVnTILESt'VeMsORS ANDI SSIGNS OF CORrOlL%TlO.N&1 WITNESSETF'I, that the grantor, for and in consideration of the sum of Ten M0.00) 17allan and other valuable considerations. receipt trhercof is hereby acknowirdgcd. hereby grants. bargains, sells, aliens, remises; releases. cotnevs and confirms unto the g=tdc, dWthat ceirtain rand situate in Pinellas County. Florida, viz: A tract of fans! tving.in the Nortlntiest quarter of Section 16. Township 29 PAGB3 Breath. Range 16 East, and lying Easy off .. ?torle'i3aulcvaN. described as ACCT 1U? follows: From the center of said Section 16, run N.0°37'03"E. a[on8 the 0142M 2M 2l? hoc North-South centerline. of said Section 16 a distance of 205.00 feet for a O`?. P.O.B.; and run thence N.89°27'56".NV, a distance of 109.07 feet to a point an the Easterly Count}-occupied right-of-way line of Baf•xhore Boulevard MTF TF It9 ? (County Road No. 30). run thence along said Easterly Countyoceuptcd right- Pic of--wuv line. an a curve to the left having at radius of 533.911. are 204.87 . REV chord 203.62'. chord bearing N.27°23'54"E.; thence S.73°35'40"F- 13.00 feet to a point on said North-South. centerline: thence S.00137'03" tV, along said- t:. 8Al. trnrth-South centerline a distance of 176.72 feet to the P.O.B., in Pinelln.(.NVAMT Counh•. Florida.l 'The abot_c-dcscribcd property is not and never has been the homestead of Grantor. j -s a m # 4 Attachment number 2 Page 40 of 50 t: i PINELLAS COUNTY FLA. OFF,REC-OK 10778 PG 1421 TOGETHER with all the ccncments. hereditaments and appurtenances `thcrcto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor`is lawfully seized of said land in fec simple; that the grantor hereby `fully warrants the tide to said land and will defend the same against the lawful claims of all persons whomsoever. and.that said land is free of all encumbrances, except taxes accruing subsequent to December 3i. 1996. IN WITNESS WHEREOF. the said grantor has signed and scaled these presents the day and year first above %vritten. WITNESSES: Print: t ALBERT W. COPELA D Print: r a? rt' - - - STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of January. 2000. by ALBERT W. COPELAND. a married person. who is personally known' to me or who has produced as idcntification. Notary Public My Commissio rpires; (SEAL) ?r oatiu?oteuc? ?? ?YPoO?e•Or?hdFinlda Caeml:tloal????? 2 1 { -Mm # 4 Attachment number 2 Page 41 of 50 t •' ' INST • 98-272432 1 AUG 25, 1998 1 05Pt1 ('T'his spare lull blank ' intenlilmally for Clerk of Court, recording t P IN(CLLRS COUNTY FLA ust. t ? . - OFF REC Bx • 10214 PG 9 l9 , - _ t ?O Of ! PF AF nl-?5 1999 !2:)7:12 '? '? ?? D-LAI AInR r,FNRntxr, J MCI STAMP - DR219 TOTAL: 1Y.49?.50 `'. ', '• ?; CHECK Ant.TEROEREN S t99 50 ` ` „ WARRANTY DEED raIOHDE, THIS WARRANTY OECD. made this day of .-Qt/-,/.P7r. 1998, blIwtxn WILLIAM 11. WIL.KINS. a married man, F. IIRUCId L.Atll:lt, a Married mast, and ROBUR'' JACOUSEX all unmarried roan. as tenants in Common, whose mailing addnh.ls BU? Rocky i Point hrive, Suite 720. Tanipa, FI. 33602, as "Gram?r", and CT.RARWA Elf, t ItKIS1'IAN E C'UL.LUM: PRIVATE SCHOOL. INC., a Florida not-lilr?p(olit corporation. whose mailing a address is.14(8) Gulf.to flay ILlvd., Cleanvater, R. 33759, u1Tt?a•bose lax idyntilieation Itulltber t W 1 11' N. frs ti FT il!,' I i That Grantor. liar atal in ctmsidyr4iuif o'the ,ion (oh9 qn pillars ($10,00) and other good E ' and valuable consideration, paid hy 4)F,untti to Gr?l11 (,% jlit' nccipt of which is acknowledged, , its `heirs and assigns forever the.1'ollowing dtui herehy grant, hargain, sell and oo4vey to Gml>?cot ' ; descrilnd land situated in 1he,C.aunly nQPine lux; t:uc r h1? rid;t: Y(l Iw ' n?ri•? "- c'i?rncnl:u Iuatl:rO , y .) n r ) ,. , , tugWher with all I btiY.lk'.? l k (Ilelll%. Iwredilaments, iq)puricnanct s, and rights of Grantor in the i athuvwduxrihyd pfenri?s. •? ToJKi -ando hold, the same in I'ee simple forever. / , 1 ,',-C,ritlk?r htinl?y coveaauts with .Gr ntue than Ciruuur is fully seized of said land in lee ? supple: tllaPter itibc has pul right and lawful aunhurhy to sell and convey said land: and that a k.i?antur dousVlareby fully warrant the title at said land. and will defend the s:unv against the i , % 111•WfNI cluims4?L/all perstins whomsttever, `11hls eulivVyanev k Illiale and arrelmd subject lo: - covenants. restrirlions, claims and reservalions of record, if aay: and .? , b. 'f'axes for Ilw year 1498 and thercal'ler. '1.1111 IS NOT IIOND TI:AO1`Rpl'lilt'I'Y. Pro1wrty Appraiser's 1. 1). No.: i us 1- I ' p" ,.!<. Fywvrr?.m??: t.? ",Nw,r.,G...:,,??•;Cin.n•a•,:rs?:: P r I, VIA f?. ' .t Page I ill itim # 4 t Attachment number 2 Page 42 of 50 P 111ELLAS COU14T'i FLA OFF REC BK 10214 PG 52:1 IN WfrNI.SS WI IGRF.0F, the Cirantor has caused these presents to lie signed and scaled the day and year above written. Signed, sealed and delivered in our prownee: Sldl uru ' lit NURIC . "GRANTOR" r; -.. ? > WILLIAM B. WILKINS , S low ?41UWl i SIVIMIuta Ir. likl.lC`G EL(llllik l MAe Naule ` ` ?.. r I 1'1.1111 r, ? r ,aly Ors ? ????. .,` f_ t L I?G RCr/Iro1" , `?? ? `• 116 at Nan Slslulnlra _ ,.ROBI RT JA BSGN 1'11111 UIIW ;'` ,rrr `?`> _ r 1 .r S SI 11111(IrC r ,' `? `? - f1H1111 rlgllµt_?? r Ii ?n•rt: of=7tiplih?,? C.(?lINTY OR, % ?`? ?' t'he jnicgning in%trunleln wax acknowledged helilre Inc IbisLhday of t _?ILKklg, by W11.1.101 li, WILKINS. who is personally known to inc or has produ ? `? - - _ `\a% Idei11111cafion and did not laliv ill) oath. - d Notary Public IrwTltrA eno ` ? ,? , My Commission lixpires: era„ 01: FLORIDA COUNTY OF 4h i The foregoing instr1n11ent wits acknowledged helim nle lhis(+L! day of l Z I 11,198, hy. V. BRUCE I.Alilat. who is personally known to me or In?% produced i f as identilivaauu and did not lake:nl oath. n -. 1 1 _?ry.l A ' Y11.?cIY•?_ O Notary Ilublir KAINYA.lA M My Colluoission Expires: IN Mr>mll?x100=94 oandia?W rReN?I fln Page 2 of .1 tern # 4 Attachment number 2 Page 43 of 50 PINELLAS COUNTY FLA OFF.REC.9K 102-14 PG 921 STATIs OF FLORIDA COUNTY OF N/.1GE.Cl?tLv ? I The foregoing instrument was ucklwwlcdgcd belore me this delay of ` who is personally known to me or has produced ?. 1998 by ROBERT JACOBSEN -_- ` ??? ' - - , . _ ? N ?` > --as identification and did not take an oath. , Y Nn14 Fuh is My Commissiun Expires: ; ?% `, ?? MARY L, GGHQ.AD R `? ? ? ?,' This Instrument Prepared by: FLOW NOTARY FIIBU0,.SW90F MYCOIdtrl, EXRI OCTOBER 210998 E J s d #C" 1412 , sq. ame M. Hammon , 1831 N. Welter Road ` ? ' ' Suite Aal - - Clearwaler, Florida 33761 ,\ . (813) 791-0044 ` ? r ,? ? ) ? r - r > ? 1 V ? ` ? I Page 3 of 3 If m # 4 rg-n Attachment number 2 Page 44 of 50 { EXHIBIT A PINEt.LAS COUNTY FLA. OFF REC.SK 1021 4 PG 922 1 11 { 1 1 1 1 Comencits at a point $0.0 bat worth of the touthtaat Carter of Government C [ , _ 11 1 - ouocP, eellae Wt 3, Section 16, Township 39 South, Range 16 root. ? 1 Flarldai ran North 0'31'03" Cast slang the North-Sough contortion of said section 16, 31.49 fate to a Point of Beginning. said P.D.S. being 30.0 test ' North c: the original contorting of State recd 60. From gold P.O.S. proceed e?', ` ? ) 1 1 North 0.37'03" Lest along sold March-south centerline 137.33 fast; thsnca , . + North 69'31'36" slang 34.03 Lees to a point on a curve bales the r4surl7 right of w1 of 04P Share toultvordi chaace follawtes Said fastertP right of ? WAY along serve to the right, having a radius of Sit-It fang, a chord btarla6 ?? ` ' ? 0l South 41'34'131, volt, a chard distance of 111.97 lase, thru an are 411 tenet of 113.13 feeti ghosts sough 30'03'37" felt, stilt 41000 sold right ' - _ ` , ? ?? ` f of We 45.41 beg to to intersection with a line Ming $0.0 test North of the h WHIM Lest slang h ` r ? ` ??i d ence sout crtgi0d ecaterline at State Road No. 60, t ? 1 ectd etas 103.0 tug to the tolns of 6esina[ns. % 1 ? 1 1 1 % 1 i 1 % . ` i % % % . i % ? ,' . ? %` I ?, .? ? ? % % Iem#4.... I#: 2008029675 BK: 16135 PG: 2664, 01/30/2008 at 04:18 PM, RECORDING 3 P$QKgmentnumber 2 $27.00 D DOC STAMP COLLECTION $0.70 KEN BURKE, CLERK OF COURT PINELLAS Page45of50 COUNTY, FL BY DEPUTY CLERK: CLKDM04 , Prepared by and Return to: Roger A. Larson, Esquire ; Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 Telephone: 727-461-1818 `. S STATUTORY WARRXNTY'AtED ? S t THIS INDENTURE, is made on this daj,of}'? 2008, between CLE.ARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL,`INC., a Florida t-for-profit corporation ("Grantor") whose post office address is,-3400? Gulf to Bay Boulevard, Clearwater, Florida 33759, and EASTERLAND PROPERTIES, LLC, a FloV a`WWte&l.iabilify,company (Document #L07000121312) ("Grantee"), whose post office address is 3400 Gulf td bay Bouleygd, (Iearwater, Florida 33759. / W I T NEE S S E T 11: Grantor, for and in cdpsr'deraIt" of eipollars ($10.00) to Grantor in hand paid by Grantee, the receipt and sufficiency of which are here '(yknowledged, has granted, bargained and sold to Grantee, and Grantee's heirs, successors and assigtts'6rev4,,.the4811owing described land, situated in Pinellas County, Florida: •,`,Sea Exhibit',Ijy attached hereto. -__- , _ _$tI$J,?CT to applicable land use and zoning restrictions and to easements, reserYalions and restrictions of record, if any, which are specifically not reimposed or extended hereby, and to taxes for the year 2008 and subsequent , years. ,,`\ Graiitor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all l m5-02?is'whomsoevei•. The tax parcel number for the aforedescribed property is 16/29/16/00000/130/0200. Item # 4 PINELLAS COUNTY FL OFF. REC. BK 16135 PG 2665 Attachment number 2 Page 46 of 50 IN WITNESS WHEREOF, Grantor has hereunto written. Signed, sealed and delivered in the presence of: :6r nature &fic '19 Print name ignature RCUnOi AA.&u t1I V12X3 Print name STATE OF FLORIDA ) set Grantor's hand and seal the day and year first above - > CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Floridan (6-35i =profit, corporation By: Randy T. Livingston Vice President Address: ' -' 3400 Gulf to Ejay Boulevard Clearwater, Floii4a 33759,> `??f CQtpoiate?ea)'j COUNTY OF PINELLAS - ' The foregoing instrument was-kimo ged bElpre me this 3 day of OVIUgZQ , 2008, by Randy T. Livingston, as Vice Presidenl of Cleanvaier Christian College Private School, Inc., a Flon not-for- profit corporation, on b 'fehalf,'the co>jW}ation. [Hel [She] [is_ personally known to me] [3r2s-proc}viced NkIl. MY COMMISSION 1 m 295902 Notary Publi F` ExPIRES;'A?riIt3,2008 Print name rypt h/?..?GC[i1VQ? ,' • ljon0edttYU t'ubkUr4mmWy My commission expires: Not&to?Aafifinist-rater. This transfer is exempt from the payment of documentary stamps based upon the case of Crescent Ml`ami Center, LLC vs Florida Department of Revenue. 01/29/08-01:59 PM d-I 11422867 vt - CleatwaterChristianWarrantyDeed Item # 4 PINELLAS COUNTY FL OFF. REC. SK 16135 PG 2666 Attachment number 2 Page 47 of 50 1 I EXHIBIT "A" Legal Deserlption PART OF GOVERNMENT LOT 3 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE_16,L)OT, PINELLAS COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 3 OF §8Q kCTION 1'q; THENCE NORTH 00' 37'03" EAST ALONG THE NORTH-SOUTH CENTERLINE 0 WD-SEMON, 282.84 FEET; THENCE NORTH 89'56'33" EAST PARALLEL WITH THE GULF TO BAY,BOtJLEVARD, ALSO KNOWN AS STATE ROAD 60, COURTNEY CAMPBELL CAUSEWAY,AND DAVIS.CAUSEWAY, 4.22 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY RIGHT OF WAY OF BAYSHORE BOULEVARD-TME FOLLOWING i. TWO COURSES: NORTHEASTERLY 223.51 FEET ALONG THE ARC OF A 568.91 FOOT RADIUS CURVE TO THE LEFT, THE CENTRAL ANGLE OF WHICH IS 22¢?30' 35", AND THE LONG CHORD OF WHICH BEARS: NORTH 12' 30'08" EAST, 222.07 FEET; THENCrzNORTH•1D0° 37'03" EAST, 284.19 FEET; THENCE. LEAVING SAID. RIGHT OF WAY AT A RlGtf:T ,4NGL`E;,U tAkING SOUTH 89-22,57., EAST, 344.66 FEET; THENCE SOUTH 52° 12'03" EAST, 5-?'2.ZQFEFr; THENCE SOUTH 00° 46,40" EAST, 191.08 FEET RADIALLY TO A POINT ON THE, NORTWiflCN RIGHT OF WAY OF THE GULF TO BAY BOULEVARD; THENCE ALONG SAID RIGHT?OF WAY?THE FOLLOWING TWO COURSES: SOUTHWESTERLY 69.41 FEET ALONG THE ARC;OP.R\5825,83 FOOT RADIUS CURVE TO THE RIGHT, THE CENTRAL ANGLE OF WHICH IS, s 43' 11", AN?_E LONG CHORD OF WHICH BEARS: SOUTH 89° 34'55" WEST, 69.41 FEET; THENCE SOUTbi 89' 36' 04" WEST, 324.14 FEET; THENCE LEAVING SAID RIGHT OF WAY BEARING ka RTH 01° 41' 20" EAST, 48.11 FEET; THENCE SOUTH 89° 56'33" WEST PARALLEL WITH T}iE ?tjL? TO_BAY BOULEVARD, 458.86 FEET TO THE POINT OF BEGINNING. ' SAID PARCEL CONTAINS 7.82 ;kEa, "F LAND MORE OR LESS. SUBJECT TO AND TO THER `'W)TH COVENANTS, EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECb.iF ANY. \ ,I 1 ' \ ? a \ Item # 4 E MIBIT 11 11 Page 1 of 2 Attachment number 2 Page 48 of 50 Proposed Access Easemnt SKETCH AND LEGAL DESCRIPTION NORTH 0 100 200 GRAPHIC SCALE THE NORTH 1/2 OF THE NE 1/4 SEC 16, TWP 29 S. RGE 16 E CLEARWATER CHRISTIAN 1 COLLEGE \ 0 It L- C k - 111TT1J-TTT1T-UnT1lL = L THIS SPACE RESERVED FOR I RECORDING INFORMATION EASTERLY PROJECTION OF THE NORTHERLY LINE OF GOVT LOT 4 POINT OF TERMINUS ?a\( CLEARWATER CHRISTIAN COLLEGE v ?? ?' - kF GOVT LOT 1 GOVT LOT 4 i L U U W W U) OLD TAMPA BAY i CLEARWATER CHRISTIAN COLLEGE \ l ? Js? 1 S d ?.? ? 1.1111JJ FLJ11L11rLL.LW.IJJ! ?rrnrrrrrumT,T umTrrm 1111111I1111IIIIII POINT OF BEGINNING #1 U 1 I I I I I I I JTTTmllJTrTrrrlT'. J - J111111U11111JJ111J1J111.L -L (l NO7'24, 26,•W - - LINE TABLE lUTmlm iij UT1 IT ur 1 rfrn 87.25 ? ----" '^?? 11llJ IIIIIIIIIIIi+ a \ iD r / .84 190 LABEL BEARING DISTANCE 1 S8235,34 W POINT OF L1 N39'19'50"E 586.93' ' " ? l REFERENCE E 77.17 L2 N36'50'39 I POINT "A" L3 N51*36'11"E 105.54' 60 R/W STATE ROAD POINT OF GINNING #2 Y L4 N39'04'58"E 188.49' 3 ' " ' ' GULF-TO`BA CAUSEWAY BE E 1 5.66 58 48 L5 N29 COURTNEY CAMPBELL DpJIS CAUSEWAY / L6 582'35'34"W 100:00' L7 N07'24'26"W 112.00' i LS N82'35'34"E 100.00' L9 S07'24'26"E 112.00' FOR LEGAL DESCRIPTION, NOTES, LEGEND, SIGNATURE/SEAL, SEE SHEET 2 OF 2 SKETCH & DESCRIPTION WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: JUNE 29, 2010 FL 32117 h B D f , eac ona oy 1410 LPGA Blvd., Suite 148, ZZZ22909M LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 ACCESS 2.DWG [SHEET 1 OF 2 8 ' 1" = 200- Item # 4 EM1131'1' "r .. Page 2 of 2 Attachment number 2 Page 49 of 50 SKETCH AND LEGAL DESCRIPTION LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29 SOUTH, RANGE RANGE 16 EAST, PINELLAS 16 EAST AND , FLORIDA, BEING GOVERNMENT MORE T PA4, SECTION RTICULARLY 116, DESCRIBED AS FOLLOWS: COUNY COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS, WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD, COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE :S82'35'34"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 190.84 FEET TO POINT "A"; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N07'24'26'W FOR A DISTANCE OF 87.25 FEET TO POINT OF BEGINNING #1 (THE POINT OF BEGINNING OF A 30-FOOT WIDE STRIP OF LAND, BEING 15.00 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE); THENCE N39'19'50"E FOR A DISTANCE OF 586.93 FEET; THENCE N36'50'39'E FOR A DISTANCE OF 77.17 FEET; THENCE N51'36'11'E FOR A DISTANCE OF 105.54 FEET; THENCE N39'04'58'E FOR A DISTANCE OF 188.49 FEET; THENCE TERMINOUS THE NORTHERLY B AFOREMENTIONED AND THE POINTPROJECTION LINE OF THE OGOVERNMENT LOT TOGETHER WITH ... RETURN TO POINT "A" FOR POINT OF BEGINNING #2; THENCE S82'35'34'W ALONG THE AFOREMENTIONED NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 FOR A DISTANCE OF 100.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N07'24'26'W FOR A DISTANCE OF 112.00 FEET; 1THENCE FEET T0 3 THE AFOREMENTIONED POINT OF BEGINNING 2E S07'24'26'E FOR A DISTANCE OF 112,00 THE ABOVE DESCRIBED PARCELS OF LAND CONTAIN 1.01 ACRES, MORE OR LESS, IN THE AGGREGATE. SURVEYOR'S NOTES: 1. BASIS OF BEARINGS: ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S82'35'34 "W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. LEGEND/ABBREVIATIONS LB LICENSED BUSINESS R/W = RIGHT OF WAY PG/P = PAGE ORB = OFFICIAL RECORDS BOOK PTM = POINT OF TERMINUS I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-17050 THRU 17.052. FLORIDA ADMINISTRATIVE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR/MAPPER #6105 WADE TRIM SKETCH & DESCRIPTION KQ A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: JUNE 29, 2010 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 ZZZ22909M LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 ACCESS 2.DWG SHEET 2 OF 2 1" - 200' Item # 4 EXHIBIT "G" Clearwater Christian College Stormwater Narrative Attachment number 2 Page 50 of 50 The four major drainage areas within the site are the Campus and Parking area, the Southwest Parking Lot, the Soccer Field, and the Baseball field. The general approach for the campus area is to consolidate all the existing interior campus and parking area treatment systems into one wet detention pond in front of the Cathcart Hall. Runoff in the proposed parking in the southwest corner of the site will be treated in dry retention areas that will conform to the City's criteria of complete exfiltration within 24 hours. The athletic fields will be managed by underdrains and sand filter effluent systems. A net increase in water quality treatment is expected to result from construction of the systems above. Currently a significant portion of the interior campus discharges directly to the small saltwater pond in front of Cathcart Hall. This pond fluctuates with daily tidal flows thus it provides little residence time for treatment of runoff. The various other interior campus treatment swales appear to function, but due to their dependence on drainage structures that require constant maintenance, parking lot flooding occurs with some frequency. The existing soccer field has no treatment system and discharges untreated runoff to Coopers Bayou. The proposed underdrain systems are essential as the existing soccer field saturates in seasonally wet periods to the extent that there is a history of cancellation of organized collegiate events with other colleges. A second critical component of the stormwater management system for the athletic fields is the proposed raised trail around the soccer field and increased grades around the perimeter of the baseball diamond and practice field. The intent in both cases is to contain runoff within the fields and force treatment, first through the underdrains directly under the playing surfaces, then through sand filter side drains. There is currently no buffer between the existing soccer field and the adjacent wetlands area which is actually a SWFWMD-designated mitigation area). In some locations around the existing soccer field the wetland buffer continues to be less than the City's required 16.75 foot width, however, the trail over compensates for the decreased buffer by containing all runoff within the field and treating it in the underdrain/sidedrain system. The Master Plan, as attached to the development agreement and being reviewed in conjunction with the FLD application, includes a wetland buffer around the new development proposed on the campus and meets the City Code for the site average of 25 foot. Item # 4 Attachment number 3 Page 1 of 5 CDB Meeting Date: August 3, 2010 Case Number: DVA2010-06001 (Related to LUZ2010-06002) Agenda Item: C.2. Related to C.1.) Owner/Applicant: Clearwater Christian College Private School, Inc. Representative: Katherine E. Cole, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP Address: 3400 Gulf-to-Bay Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Clearwater Christian College Private School, Inc. (the property owner) and the City of Clearwater as per Community Development Code Section 4-606. CURRENT/PROPOSED Current: Institutional (I), Commercial (C), Open ZONING DISTRICTS: Space/Recreation (OS/R), and Preservation (P) Districts Proposed: Institutional (I), Open Space/Recreation (OS/R), and Preservation (P) CURRENT/PROPOSED Current: Institutional (I), Commercial General (CG), FUTURE LAND USE Preservation (P), Recreation/Open Space (R/OS), MAP CATEGORIES: Residential Low (RL), and Water/Drainage Feature Proposed: Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature PROPERTY USE: Current: Educational Facilities uses Proposed: Educational Facilities uses of up to 170,000 square feet of nonresidential floor area (0.149 Floor Area Ratio) and up to 750 Dormitory Beds/Residents (12.5 dwelling units per acre) at a maximum height of 50 feet EXISTING North: Preservation (P) and Open Space/Recreation (OS/R) SURROUNDING Districts ZONING AND USES: Open Space and Wetlands South: Preservation (P) and Open Space/Recreation (OS/R) Districts Tourist Information, Causeway and Tampa Bay East: Preservation (P) and Open Space/Recreation (OS/R) Open Space and Tampa Bay West: Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Mobile Home Park (MHP), and Commercial (C) Residential uses, Governmental use, and Vacant Community Development Board - August 3, 2010 DVA2010-06001 -Page 1 of 5 Item # 4 Attachment number 3 Page 2 of 5 ANALYSIS: Site Location and Existing Conditions: The 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard. The subject property is developed with the Clearwater Christian College. The subject property has approximately 1,440 feet of frontage along Gulf-to-Bay Boulevard adjacent to Florida Department of Transportation (FDOT) right-of-way and approximately 1,670 feet of frontage along Bayshore Boulevard. Properties to the north and east of the subject property are zoned Preservation (P) and Open Space/Recreation (OS/R) districts and are primarily wetlands and open space comprising Coopers Bayou and Tampa Bay. Properties to the south are zoned Open Space/Recreation (OS/R) and Preservation (P) districts. This land includes the Clearwater Visitors Center, the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) and associated FDOT right-of-way. Across Gulf-to-Bay Boulevard is Tampa Bay. The adjacent property to the southwest is zoned Commercial (C) District. One lot is developed with a FDOT office, and the others are vacant. Properties to the west across Bayshore Boulevard are zoned Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Mobile Home Park (MHP) Districts and are developed with attached and detached dwellings. Development Proposal: There is a companion application to amend the Future Land Use Map categories for the subject properties from Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), and Preservation (P) districts to Institutional (I), Open Space/Recreation (OS/R), and Preservation (P) districts (LUZ2010-06002). This Future Land Use Map amendment would expand the portion of the property designated Institutional (I) and appropriately designate areas within the College property where the future land use designation and zoning are inconsistent with the surrounding areas or the actual use of the property. The development proposal divides the subject site into two areas, a Master Plan Area (32.06 acres) and a Mitigation Area (98.99 acres). The Master Plan Area consists of the proposed Institutional (I), Preservation (P) and Recreation/Open Space (R/OS) land use designations. Development would be concentrated within the proposed Institutional (I) area and shall be in substantial conformance with the proposed Master Plan. The Master Plan depicts proposed locations for additional athletics fields and reconfigured parking as well as expansion of the college's residential dormitories and administrative space. The Mitigation Area would be designated Preservation (P), Water/Drainage Feature, and Recreation/Open Space on the future land use map. There would be no development potential within the Mitigation Area because of a conservation easement, to be granted in perpetuity. Development Agreement: The proposed Institutional (I) Future Land Use Map category for the portion of the subject property developed by the college and where future expansion is proposed would permit a maximum floor area ratio (FAR) of 0.65 and a maximum density of 12.5 dwelling units per acre. The purpose of this Development Agreement is to establish a Master Plan and Mitigation Plan Community Development Board - August 3, 2010 DVA2010-06001 - Page 2 of 5 Item # 4 Attachment number 3 Page 3 of 5 for the Clearwater Christian College that serves as a mechanism to conceptually plan for the campus expansion and acknowledging the wetland impacts that would occur. Based on the proposed Institutional (I) lot area (1,156,518 square feet; 26.55 acres) and the maximum FAR, an institutional use could be developed with a maximum of 751,736 square feet of nonresidential floor area; however, the college is comprised of residential (dorms) and nonresidential (classrooms and administrative offices) space so a mixed-use calculation is required. The Development Agreement proposes a maximum of 170,000 square feet of nonresidential floor area. Based on the allowable FAR of 0.65, a total of 261,540 square feet of land is need to support these uses. The remainder of the Institutional (I) area (894,978 square feet or 20.54 acres), could be developed with a maximum of 256 dwelling units or 768 dormitory beds (3 beds is the equivalent of 1 dwelling unit). The Development Agreement proposes a maximum of 750 dormitory beds. The proposed Development Agreement will be in effect for a period not to exceed twenty (20) years and includes the following main provisions: ? Is not effective until final approval and effectiveness of the amendment of the future land use map categories and rezonings under LUZ2010-06002; ? Requires the Developer to seek approval from the appropriate state and federal agencies (Southwest Florida Water Management District, Florida Department of Environmental Protection, U. S. Army Corps of Engineers) for an approved mitigation plan in the Mitigation Plan Area prior to the issuance of land clearing and building permits; ? Is not effective until final approval of the wetland Mitigation Plan in the Mitigation Bank Area by the U. S. Army Corps of Engineers; ? In the event final approvals of the Future Land Use Map categories, rezonings, or Mitigation Plan are not satisfied within twelve (12) months, the City and Developer agree to terminate this agreement; ? Sets out the Developer's transportation obligations, including: • Dedication of perpetual easement of approximately 1.01 acres for ingress/egress to Coopers point Bayou property adjacent to Master Plan Area; • Construction of the Coopers Point Access in conjunction with the construction of the Master Plan; ? Requires that all improvements be constructed, if at all, pursuant to the Master Plan; ? Establishes boundary change procedures in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan; ? Requires developer to obtain and maintain any approvals and permits necessary from the United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Community Development Board - August 3, 2010 DVA2010-06001 - Page 3 of 5 Item # 4 Attachment number 3 Page 4 of 5 Commission ("FWC"), including any required FWC permit for the construction near an active eagle nest; The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of July 1, 2010, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard; 2. That there is a companion application to amend the Future Land Use Map categories for the subject properties from Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), and Preservation (P) districts to Institutional (I), Open Space/Recreation (OS/R), and Preservation (P) districts (LUZ2010-06002); 3. That the proposed Institutional (I) Future Land Use Map category portion of the subject property developed by the college and where future expansion is proposed permits a maximum floor area ratio (FAR) of 0.65 and a maximum density of 12.5 dwelling units per acre; 4. That the purpose of this Development Agreement is to establish a Master Plan and Mitigation Plan for the Clearwater Christian College; and 5. That a procedure is established for boundary changes that may be required in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Site Plan. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the maximum requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2010-06001); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Community Development Board - August 3, 2010 DVA2010-06001 - Page 4 of 5 Item # 4 Attachment number 3 Page 5 of 5 Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Clearwater Christian College Private School, Inc. (the property owner) and the City of Clearwater as per Community Development Code Section 4-606, for the property at 3400 Gulf- to-Bay Boulevard. Prepared by Planning and Development Department Staff: Lauren Matzke, AICP, Planner III ATTACHMENTS: ? Development Agreement with Exhibits ? Staff Resume ? Location Map ? Aerial Map ? Current Future Land Use Map ? Proposed Future Land Use Map ? Current Zoning Map ? Proposed Zoning Map S: (Planning DepartmentlC D BlDevelopment Agreements (DVA) IDVA2010-06001 -Gulf to Bay 3400 (1- Proposed +P -proposed) 2010.07 DRC - LKMDVA2 01 0-060 01 Gulf to Bay 3400 DVA StaffReport for 8 310 CDB. doex Community Development Board - August 3, 2010 DVA2010-06001 - Page 5 of 5 Item # 4 Attachment number 4 Page 1 of 17 CDB Meeting Date: August 3, 2010 Case Number: LUZ2010-06002 (Related to DVA2010-06001) Owner/Applicant: Clearwater Christian College Private School, Inc. Address: 3400 Gulf-to-Bay Boulevard Agenda Item: C-1 (Related to C.2.) CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION (a) Future Land Use Plan amendment from the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL) and Water/Drainage Feature classifications to the Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature classifications; and (b) Rezoning from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR) and Open Space/Recreation (OS/R) districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) districts. Property Size: 5,708,538 square feet or 131.05 acres Property Use: Current Use: College Proposed Use: College Plan Category: Current Categories: Institutional (I) Commercial General (CG) Preservation (P) Recreation/Open Space (R/OS) Residential Low (RL) Water/Drainage Feature Proposed Categories: Institutional (I) Preservation (P) Recreation/Open Space (R/OS) Water/Drainage Feature Zoning District: Current Districts: Institutional (I) Commercial (C) Preservation (P) Low Density Residential (LDR) Open Space/Recreation (OS/R) Proposed Districts: Institutional (I) Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 1 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 2 of 17 Existing Surrounding Uses: North: South: East: West: ANALYSIS: Preservation (P) Open Space/Recreation (OS/R) Wetlands Visitors Center, Causeway, Tampa Bay Open Space, Wetlands, Tampa Bay Single and Multi-Family Residential, Vacant, FDOT Office The proposed amendment involves four parcels of land, comprising approximately 131.05 acres, located north of Gulf-to-Bay Boulevard east of Bayshore Drive. The amendment request is to amend the future land use and zoning designations on approximately 13.35 acres of the subject property from the current Institutional (I), Preservation (P), Recreation/Open Space (R/OS), Commercial General (CG), Water/Drainage Feature and Residential Low (RL) future land use categories to the Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature future land use categories and from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR) and Open Space/Recreation (OS/R) zoning districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) districts. The subject property contains areas where the future land use and zoning designations are not consistent with the actual characteristics of the area. The City submitted administrative future land use map changes to the Pinellas Planning Council consistent with the Countywide Rules to change 4.05 acres of the subject property from Preservation (P) to Institutional (I) based on the current jurisdictional wetland line. These areas were uplands already developed with buildings, paved roads, a soccer field and a retention pond. The Countywide Planning Authority (CPA) approved this change on July 13, 2010. Other Preservation (P) areas that are inaccurately designated Commercial General (CG) and Residential Low (RL) are being addressed within this amendment. This amendment increases land designated Institutional (I) on the Future Land Use Map in order to accommodate growth of the college that currently owns and operates on the property. A development agreement has been submitted that establishes a master plan for the developed portion of the property, which resides within the proposed boundaries of the Institutional (I) land use category, and limits residential and nonresidential density (Case No. DVA2010-06001). The development agreement proposes dividing the subject property into two areas, a Mitigation Area (98.99 acres or 4,312,004 square feet) and a Master Plan Area (32.06 acres or 1,396,533 square feet). No development would be allowed outside the boundaries of the Master Plan Area. The applicant has developed a Mitigation Plan as part of the accompanying development agreement which addresses the objectives of hydrologic restoration and habitat enhancement. This plan will require approval by the U.S. Army Corps of Engineers and the Southwest Florida Water Management District (SWFWMD). Activities proposed include removal of Brazilian pepper, creation of a hydraulic connection under Damascus Road to improve tidal exchange, improvement to tidal systems to improve water circulation, and habitat restoration for areas impacted by mosquito ditching. The applicant will address these objectives and place a conservation easement on the Mitigation Area (98.99 acres) in perpetuity. In accordance with the Pinellas Planning Council Countywide Plan Rules, this future land use Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 2 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 3 of 17 map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the requested density, review and approval by the Florida Department of Community Affairs is required. L CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1 and 4-603.F.1] Recommended Findings of Fact The following objective and policies of the Clearwater Comprehensive Plan are supportive of the proposed land use plan amendment. Only those policies determined to be most relevant to this case have been included. Wetlands Protection Goals, Objectives and Policies: GOAL A.1 The City of Clearwater shall continue to protect natural resources and systems throughout the city and ensure that these resources are successfully integrated into the urban environment through land development regulations, management programs, and coordination with future land use intensities and categories. Objective A.1.1 On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Policy A.1.1.1 Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code Policy A.1.1.3 Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Policy A.1.1.8 Mitigation plans for alteration of non jurisdictional wetlands, beach dunes, swamps, marshes, streams, creeks, one hundred (100) year flood plains, or lakes shall require not less than a 1:1 ratio of mitigation land (on- or off-site) as approved by the Engineering Department and/or City Council, and in coordination with the Southwest Florida Water Management District (SWFWMD). Objective D.3.3 Lower high water profiles during storm events, as necessary, to reduce house flooding occurrences and to lessen the resulting adverse effects on public health, the natural environment, public and private property. Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 3 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 4 of 17 Policy D.3.3.6 Limit development that will result in building(s) constructed within/or over stormwater retention/detention ponds, streams or channels. All wetlands, streams, channels, or other hydrologic features, whether wetlands, ponds or bodies of water having intrinsic hydrologic, biologic and zoological functions with no distinction made in regard to its status to whether it is man-made or natural shall be considered for a Preservation Land Use Plan classification to ensure protection from development. Policy D.3.3.8 Continue the established requirement of a twenty-five foot setback from the tops of a bank from all wetlands whether natural or man-made, and require minimum finished floor elevations in areas adjacent to lakes, bays, creeks, the Gulf of Mexico, Tampa Bay and Old Tampa Bay, and other flood prone areas. Objective D.3.5 Protect and enhance the quality of receiving waters by the use of "Best Management Practices" in accordance with the adopted watershed management plans. Policy D.3.5.2 Vegetated swales, sodding, and appropriate landscaping will be required as components of the drainage system for natural filtration before final discharge into receiving waters. Policy D.3.5.6 Continue to identify impaired bodies of water and prioritize them for improvement and enhancement. GOAL E.2 Management of Clearwater's coastal resources shall prohibit activities that would damage or destroy the natural or built environment, or threaten human life die to hurricane hazards, and shall promote activities that enhance the natural and built environment. Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife habitats to maintain or increase the acreage for threatened and endangered species populations. Policy E.2. L I Restoration and enhancement of disturbed or degraded estuaries identified by the Surface Water Improvement and Management (SWIM) program shall be accomplished by strict regulation of proposed impacts to wetlands and by controls on the operation and installation of marinas and other water-dependent uses. Policy E.2.1.2 Development applications shall be reviewed to ensure that proposed new development or redevelopment will not encroach on or remove wetlands or beaches. New development and redevelopment shall be guided away from environmentally sensitive areas and into those most able to withstand impacts. Policy E.2.1.8 Future land uses which are incompatible with the protection and conservation of wetlands and wetland functions shall be directed away from wetlands. Policy E.2.1.9 The type, intensity or density, extent, distribution and location of allowable land uses and the types, values, functions, sizes, conditions and locations of wetlands are land use factors, which shall be considered when directing incompatible land use away from wetlands. Policy E.2. L I0 Land uses shall be distributed in a manner that minimizes the effect and impact on wetlands. The protection and conservation of wetlands by the direction of Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 4 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 5 of 17 incompatible land uses away from wetlands shall occur in combination with other goals, objectives and policies in the comprehensive plan. Where incompatible land uses are allowed to occur, mitigation shall be considered as one means to compensate for loss of wetlands functions. Objective E I.5 The City shall continue to maintain the wetland inventory of 760 acres as identified in the City's 2005 Wetlands Survey. Policy E1.5.1 Wetlands shall not be dredged and filled or disturbed in any manner other than by natural phenomenon and their natural functions shall be protected, except through the implementation of State or City mitigation standards. Policy E 1.5.3 The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. Policy E1.5.4 The City shall within the limits of state legislation protect all mangrove species from disturbance and/or destruction and to provide public awareness of mangrove resources and their importance and value to the food chain of marine life through the strict enforcement of the City tree protection ordinance. Objective G.1.4 Preserve natural open space areas which constitute aesthetic, and/or ecological community assets. Policy G.1.4.3 Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. Policy G.1.4.4 Preserve coastal and interior wetlands, floodways, floodplains, and other environmentally significant areas to protect their aesthetic and environmental qualities which benefit the City. Stormwater Goals, Objectives and Policies: Policy A.1.1.5 Stormwater shall be controlled through consistent application of local, state, and federal regulations, mitigation and management plans, and permitting procedures for both site-specific and basin-level development plans. GOAL D.3 Provide the most cost effective and efficient provision of stormwater management including the improvement and enhancement of stormwater quality discharging into local receiving waters, and provide maximum practical protection to persons, property and the natural environment. Objective D.3.2 The City of Clearwater shall continue to develop watershed management plans which should seek to identify, evaluate and implement the most cost effective and cost efficient programs for stormwater management, including stormwater quantity and quality. These plans should also address any projects included in the Pinellas County Surface Water Management Plan for the implementation of all stormwater management, as well as recommended funding sources. Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 5 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 6 of 17 Policy D.3.2.3 All stormwater management improvements should seek to meet applicable goals, guidelines, and regulations established to provide flood protection and pollution abatement. Policy E.2.1.4 The City shall work toward reducing the existing quantity and improving the quality of stormwater runoff to estuarine and surface water bodies by ensuring that development and redevelopment adheres to the treatment standards set forth in State Water Policy, and complies with the retention and treatment requirements of Chapter 62- 25 F.A.C., the Environmental Resource Permitting Rules 4013-4, 4013-40, 4013-400, F.A.C. of the Southwest Florida Water Management District (SWFWMD) and with any more stringent local regulations. Objective E.2.3 Clearwater Harbor and Tampa Bay are designated Outstanding Florida Waters and are under a non-degradation rule. Clearwater will continue to manage stormwater runoff and control erosion during construction to reduce waterborne sediments. As additional initiatives are approved under the SWIM program, they will be considered for inclusion in the Community Development Code. Policy E.2.3.1 Restoration and enhancement of disturbed or degraded drainage systems shall be implemented by upstream detention of stormwater, maintenance of existing drainage channels, widening of bridges, culverts and other stormwater conveyance structures. Objective E2.1 The City shall continue to protect, improve and enhance surface waters from stormwater runoff discharging into both interior and coastal surface waters. Policy E2.1.5 Management plans shall be developed for waterbodies with known or suspected water quality problems in the City to include Tampa Bay, Clearwater Harbor, Stevenson Creek, Allen's Creek, and Alligator Creek. Threatened and Endangered Species Objectives and Policies: GOAL E.2 Management of Clearwater's coastal resources shall prohibit activities that would damage or destroy the natural or built environment, or threaten human life die to hurricane hazards, and shall promote activities that enhance the natural and built environment. Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife habitats to maintain or increase the acreage for threatened and endangered species populations. F.1.3 Objective The City shall continue to maintain and enhance the City's wildlife and natural native vegetation resources. Policy E1.3.1 Prohibit destruction and disturbance of all conservation land uses to protect wildlife and plants especially those that are threatened or endangered species. This policy shall include known, professional wildlife management and habitat restoration techniques. Coastal Storm Area Objectives and Policies: Objective A.1.2 Population densities in the coastal storm areas are restricted to the maximum density allowed by the Countywide Future Land Use Designation of the property, except for Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 6 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 7 of 17 specific areas identified in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, in which case densities identified in Beach by Design shall govern. All densities in the coastal storm area shall be consistent with the Pinellas County Comprehensive Emergency Management Plan and the Regional Hurricane Evacuation Study. Policy A.1.2.2 Continue to cooperate with the Tampa Bay Regional Planning Council and Pinellas County to meet the regional objectives for evacuation of permanent populations as well as other emergency concerns. Recommended Conclusions of Law Although this application requests a change to the future land use map for lands currently designated Preservation (P) which would impact existing wetlands, the proposed Mitigation Plan, if approved by the U.S. Army Corps of Engineers and the Southwest Florida Water Management District, will enhance existing, surrounding wetlands resulting in a net increase in higher quality wetlands. All development will be limited to the lands designated Institutional (I), and the Master Plan included within the proposed development agreement (Case No. DVA2010- 06001) includes a new stormwater management system and buffers between development and the surrounding wetlands consistent with the City's Community Development Code. These additional improvements to the site, coupled with the Mitigation Plan, will enhance the water flow in the areas surrounding the uplands, consistent with the Comprehensive Plan Goals, Objectives and Policies. There is an active eagle nest immediately east of the subject area that is addressed in the development agreement. Any development or construction activities related to this land use change must comply with the state's Bald Eagle Management Plan and any additional regulations of the Florida Fish and Wildlife Conservation Commission. The proposed land use change results in an increase in allowed residential density; however, this density is limited by the development agreement to a maximum of 750 temporary residents (dormitories). The development agreement also requires that a hurricane evacuation plan, approved by the City, be developed in accordance with the Tampa Bay Regional Planning Council recommendations for evacuation of a student population and include in its published Safety Manual. II. CONSISTENCY WITH COUNTYWIDE PLAN RULES Recommended Findings of Fact Proposed future land use categories on the subject property will include Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature. The developed areas will be designated Institutional (I) and the remaining areas will be designated Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature. Two land use categories, Residential Low (RL) and Commercial General (CG), are being removed from the property as these areas are primarily preservation areas that are inaccurately designated and will therefore be more appropriately assigned to be consistent with the Countywide Rules as discussed below. The purpose of the existing and proposed Institutional (I) category, as specified in Section 2.3.3.7.3 of the Countywide Rules, is to depict those areas of the county that are now used or Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 7 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 8 of 17 appropriate to be used, for public/semi-public institutional purposes; and to recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities, and natural resource features. This category is generally appropriate to locations where educational, health, public safety, civic, religious and like institutional uses are required to serve the community; and to recognize the special needs of these uses relative to their relationship with surrounding uses and transportation access. The existing college and support uses meet the intent of the Institutional (I) category. The purpose of the existing and proposed Recreation / Open Space (R/OS) category as specified in Section 2.3.3.7.2 of the Countywide Rules, is to depict those areas of the county that are now used, or appropriate to be used, for open space and/or recreational purposes; and to recognize the significance of providing open space and recreational areas as part of the overall land use plan. This category is generally appropriate to those public and private open spaces and recreational facilities dispersed throughout the county; and in recognition of the natural and man-made conditions which contribute to the active and passive open space character and recreation use of such locations. There will be a net increase of 0.24 acres in the Recreation / Open Space (R/OS) category, primarily at the northwest portion of the site along Bayshore Boulevard that is currently designated Residential Low (RL). The purpose of the existing and proposed Preservation (P) category as specified in Section 2.3.3.7.1 of the Countywide Rules, is to depict those areas of the county that are now characterized, or appropriate to be characterized, as a natural resource feature worthy of preservation; and to recognize the significance of preserving such major environmental features and their ecological functions. This category is generally appropriate to those natural resource features it is designed to recognize wherever they may appear and at a size significant to the feature being depicted in relationship to its surroundings. In recognition of the natural conditions which they are intended to preserve, these features will frequently occur in a random and irregular pattern interposed among other categories. The purpose of the existing and proposed Water/Drainage Feature category as specified in Section 2.3.3.9.1 is to depict those water bodies and drainage features now committed to, or proposed to be recognized for, these respective functions based on their physical characteristics and use. Water bodies include ocean, estuary, lake, pond, river, stream and drainage detention areas. Drainage features recognize existing natural and man-made drainage ways and water bodies, and proposed drainage ways and water bodies, that are part of the Pinellas County Master Drainage Plan, as subsequently refined through the individual Watershed Management Plans that are shown in the Stormwater Management Element of the respective local government Comprehensive Plans, or that are part of an approved site plan or other authorized development order action of the local government with jurisdiction. This category is designed to reflect water bodies and drainage features as defined herein and located on the Countywide Plan Map, as same may be revised from time to time through the map amendment or map adjustment process, and subject to their actual location on the ground. The college campus site is located on Tampa Bay and is directly accessible from a main entrance off the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) which is designated a Unique/Scenic View Corridor on the Pinellas Planning Council's Scenic Non-Commercial Corridor Map. The site is also adjacent to but not accessible from Bayshore Boulevard. The intent and purpose of the Scenic/Noncommercial Corridor designation is to guide the preservation and enhancement of scenic qualities, to ensure the integrity of the Countywide Plan Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 8 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 9 of 17 Map, and to maintain and enhance the traffic operation of these especially significant roadway corridors in Pinellas County. Properties designated in the Unique/Scenic View subclassification are characterized by their unique scenic, cultural, recreational or historic resources and typically classified as Recreation/Open Space (R/OS) or Preservation (P). The immediate area north of the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) is characterized by recreation/open space areas including a public beach and the City's Visitors Center, wetlands uses, and single and multi-family residential (with allowable densities ranging between 7.5 units per acre to 15 units per acre) along Bayshore Drive. West of the subject property are mixed use residential/office/retail uses along Gulf-to-Bay Boulevard. The subject property contains areas where the future land use and zoning designations are not consistent with the existing character of the area. Recently, on July 13, 2010, the Countywide Planning Authority (CPA) approved a request by the City for administrative adjustments to the Future Land Use Map to change 4.05 acres of the subject property from Preservation (P) to Institutional (I) based on the current jurisdictional wetland line. These areas are developed uplands with existing buildings, paved roads, a soccer field and a retention pond for the college campus. Other Preservation (P) areas on the subject property that are inaccurately designated Commercial General (CG) and Residential Low (RL) are being addressed by this amendment. This amendment increases land designated Institutional (I) on the Future Land Use Map in order to accommodate expansion of the Clearwater Christian College campus that has existed on this site and under the ownership of the college since 1967. The accompanying proposed development agreement for the property establishes a master plan for the developed portion of the property, consolidated within the proposed expansion of lands designated Institutional (I) and limits associated with residential and nonresidential density for the entire subject property (Case No. DVA2010-06001). The development agreement proposes dividing the subject property into two areas, a Mitigation Area (98.99 acres or 4,312,004 square feet) and a Master Plan Area (32.06 acres or 1,396,533 square feet), with no development being allowed outside the boundaries of the Master Plan Area. In order to mitigate impacts to wetlands in the Preservation (P) category to develop the proposed Master Plan Area, the applicant proposes to address these objectives within a Mitigation Area and to place a conservation easement on the Mitigation Area (98.99 acres) in perpetuity. The request to amend the Future Land Use Map category on portions of the site from Preservation (P) and Recreation / Open Space (R/OS) to Institutional (I) is consistent with the applicable requirements of the Countywide Plan Rules Section 4.2.7.1.4, which allows a plan amendment to a non-residential use on a Scenic Non-Commercial Corridor if it is a logical in- fill, extension or terminus of an existing non-residential classification of an adjoining existing non-residential use, the amendment is considered in relationship to the existing delineation of surrounding categories, and the amendment is consistent with the purpose and intent of the Scenic/Non-Commercial Corridor Element. The Institutional (I) category will allow the extension of a non-residential classification for the expansion of the established college campus and is consistent with the existing delineation of surrounding categories, and the purpose and intent of the Scenic/Non-Commercial Corridor Element of the Countywide Plan. The proposed preservation mitigation areas will enhance the existing wetlands in the Preservation (P) category. Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 9 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 10 of 17 Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan Rules as well as the additional regulations set forth pertaining to Scenic/Non- Commercial Corridors and the Scenic/Non-Commercial Corridor Element; therefore, the proposed amendment is consistent with the Countywide Plan Rules. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2, 4-602.F.3, 4-602.F.4, 4-603.F.3, and 4- 603.F.6] Recommended Findings of Fact The subject property is located on the north side of Gulf-to-Bay Boulevard at the easternmost edge of the City of Clearwater boundaries. Development on the property is concentrated on the upland area located in the southeast corner of the site which is currently designated Institutional (I) and accessed by Damascus Road. The Courtney Campbell Causeway / Gulf-to-Bay Boulevard is located on the south side of the property. Area within the subject site is primarily wetlands which continue to the north and east. To the west across Bayshore Drive are single and multi-family homes with Future Land Use Map categories of Residential Urban (RU) and Residential Medium (RM) and zoning districts of Low Medium Density Residential (LMDR) and Medium Density Residential (MDR). The Residential Urban (RU) category permits 7.5 dwelling units per acre and the Residential Medium (RM) permits 15 dwelling units per acre. The Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) zoning districts primarily permit residential uses. The proposed Institutional (I) future land use category permits 12.5 dwelling units per acre and a floor area ratio of 0.65 and the proposed Institutional (I) zoning district permits educational facilities, schools, places of worship and governmental uses. The Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature future land use categories surrounding the Institutional (I) area have very limited development potential. The Preservation (P) and Open Space/Recreation (OS/R) zoning districts allow recreational uses. These less intensive districts are located adjacent to the residential districts west of the subject property. Recommended Conclusions of Law The proposed future land use and zoning designations are in character with the Future Land Use Map and zoning designations in the area. They are compatible with surrounding uses and are consistent with the character of the immediate surrounding area. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and 4-603.F.4] Recommended Findings of Fact The total area of the subject property is 131.05 acres (5,708,538 square feet), of which 82.32 acres (3,585,859 square feet) is designated Preservation (P), 22.87 (996,217 square feet) is designated Water/Drainage Feature, 19.84 acres (864,230 square feet) is designated Institutional (I), 3.41 acres (148,539 square feet) is classified Residential Low (RL), 1.05 acres (45,738 Community Development Board -August 3, 2010 -Case LUZ2010-06002 -Page 10 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 11 of 17 square feet) is designated Commercial General (CG), and 1.05 acres (45,738 square feet) is designated Recreation/Open Space (R/OS) on the Future Land Use Map. An additional 0.56 acres is unclassified right-of-way (Damascas Road). The site is currently developed with educational facilities, dormitories, athletic fields and parking to support the college. The future land use and zoning amendment request proposes an increase in the amount of land designated Institutional (I) on the Future Land Use Map to 26.55 acres (1,156,518 square feet). A development agreement has been submitted that proposes dividing the total property into two areas, a Mitigation Area (98.99 acres or 4,312,004 square feet) and a Master Plan Area (32.06 acres or 1,396,533 square feet) (Case No. DVA2010-06001). No development will be allowed outside the boundaries of the Master Plan Area. The proposed Master Plan area includes the 26.55 acres of Institutional (I) as well as some land designated Recreation/Open Space (R/OS) and Preservation (P) on the Future Land Use Map. Because all current and proposed development would be located within the Institutional (I) area, for the purposes of the public facilities analysis, only those land use changes within the boundaries of the proposed Institutional expansion area will be analyzed. For those land use designations where both residential and nonresidential development is allowed, the current public facilities demand analysis will utilize the most intensive use and density allowed. The Institutional (I) future land use category permits 12.5 dwelling units per acre (residential equivalent of 3 beds per unit) and a floor area ratio of 0.65. The subject property could yield a maximum of 243 dwelling units (729 dormitory beds) or 551,556 square feet of nonresidential floor area in the area currently designated Institutional (I) within the proposed Institutional (I) expansion area. The Residential Low (RL) future land use category permits 5 dwelling units per acre and a floor area ratio of 0.40. The portion of the subject property within the Institutional expansion area designated Residential Low (RL) would allow up to 3 dwelling units (9 dormitory beds) or 12,197 square feet of nonresidential floor area. The Preservation (P) future land use category permits a floor area ratio of 0.10, which could yield a maximum of 20,778 square feet of nonresidential floor area. The Recreation/Open Space (R/OS) future land use category permits a floor area ratio of 0.25, which could yield up to 1,307 square feet of nonresidential floor area within the proposed Institutional (I) expansion area. Water/Drainage Feature and ROW do not have any development potential associated with the area. Under the proposed Institutional (I) category, the subject area (26.55 acres total) could yield 331 dwelling units (993 dormitory beds) or a floor area of 751,736 square feet. Because the proposed development agreement would limit the allowable development within the Master Plan area, and all development will be within the Institutional expansion area, the public facilities demand analysis for the proposed changes will be based on these proposed limits, which are up to 170,000 square feet of nonresidential floor area and up to 750 dormitory beds (equivalent of 250 dwelling units). Roadways The subject site is proposed to have direct access to Gulf-to-Bay Boulevard. According to the traffic analysis submitted by the applicant and approved by the City's Engineering Department, potential traffic generation will be distributed along Gulf-to-Bay Boulevard in the following manner: 10% of the trips will be distributed east on Gulf-to-Bay Boulevard and 90% of the trips will be distributed west on Gulf-to-Bay Boulevard. The traffic analysis submitted by the Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 11 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 12 of 17 applicant utilizes different segment beginnings and ends than those included within the Pinellas County Metropolitan Planning Organization Level of Service Report; therefore, the following table does not utilize the trip distribution percentages provided within the secondary analysis. The resulting figures assume that the net new trips generated would be distributed onto one single adjacent segment without consideration to direction of traffic, thus presenting the maximum potential traffic to be generated on the segment by the proposed parcel and related land use change. Table 1: Maximum Potential Traffic depicts traffic characteristics of the subject property based on the current and proposed Future Land Use Map designations. The table indicates the maximum potential trips generated by future land use category based on the traffic generation rates in the Countywide Plan Rules. The table also shows the potential roadway level of service impacts to Gulf-to-Bay Boulevard under the current and proposed future land use designations. Note: The Countywide Plan Rules traffic generation guidelines are the accepted methodology for reviewing the roadway impacts of proposed Future Land Use Map amendments. Courtney Campbell Causeway from the Hillsborough County Line to Bayshore Boulevard currently operates at a level of service F, peak hour according to the Pinellas County Metropolitan Planning Organization 2009 Level of Service Report. Trips generated by the proposed future land use category would not further degrade the operating level of service, of the PM peak hour. Table 1: MAXIMUM POTENTIAL TRAFFIC (Proposed Institutional I area - 26.55 acres Gulf-to-Bay Boulevard: Existing Current Proposed Net New Courtney Campbell Causeway Segment Conditions FLUMt FLUM2 Trips (Hillsborough Count Line to Ba shore Blvd Maximum Dail Added Potential Trips N/A 3,777 5,098 1,321 Maximum PM Peak Hour Added Potential Trips3 N/A 359 484 125 Roadway Volume 52,000 55,777 57,098 1,321 Roadway Level of Service PM Peak Hour F F4 F4 F4 Adopted Roadway Level of Service Standard D Peak Hour Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on Pinellas Planning Council (PPC) calculations of 192 trips per acre per day for the Institutional (I) Future Land Use Category (19.48 acres), 0.3 trips per acre per day for the Preservation (P) Future Land Use Category (4.77 acres), 3 trips per acre per day for the Recreation/Open Space (R/OS) Future Land Use Category (0.12 acres) and 50 trips per acre per day for the Residential Low (RL) Future Land Use Category (0.7 acres). 2. Based on PPC calculations of 192 trips per acre per day for the Institutional (I) Future Land Use Category. 3. Based on MPO K-factor of 0.095. 4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Table 2: Trip Generation Comparison by Zoning Designation, indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation 8th Edition. The analysis compares trips generated by the current enrollment of the current use of the subject property (college) to the proposed maximum enrollment of the current use of the subject property (college) and a more intensive institutional use allowed within the proposed Institutional District (church). Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 12 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 13 of 17 Avg. Net Change PM Peak PM Net Land Use Development Daily Average Trips Peak Change Potential Trips Daily Trips Average Trips PM Peak Rate Trips EXISTING DESIGNATIONS: "I", "P", "OS/R" & "LDR" Zoning districts ( "I", "P", "R/OS", "RL", and "Water/Drainage Feature" Future Land Use categories) University/College' 575 students3 F1,369 N/A 0.21 121 N/A (2.38 trips/student) PROPOSED DESIGNATIONS: "I" Zoning District ("I" Future Land Use Category) University/College' 925 students4 2,202 833 0.21 194 73 (2.38 trips/student) Church z 751 736 SF' 6 848 5 479 0.55 413 292 (9.11/1, 00 SF GFA) , , , Notes: GFA = Gross floor area. SF = Square foot. DU = Dwelling unit. N/A = Not applicable. 1. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 550. 2. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 560. 3. Existing enrollment of Clearwater Christian College (2010). 4. Proposed enrollment of Clearwater Christian College. 5. Total gross floor area ratio permitted by the underlying I Future land use map category is 0.65. Two possible uses were analyzed in the Trip Generation Comparison by Zoning Designation table. University/College use reflects the current and proposed use of the subject area. Trip generation rates for University/College uses are based on number of students, not density. Based on the ITE Trip Generation Manual, this use and the increase in students would result in an increase of 73 PM Peak trips. Church use was chosen because it is an intensive institutional use. A church use developed at the maximum intensity in the Institutional (I) District (751,736 square feet) would result in an increase of 292 PM Peak trips on Gulf-to-Bay Boulevard (Courtney Campbell Causeway). Both of the possible uses analyzed generate additional trips; however, the Church use scenario analysis is for a greater development potential than the proposed maximum density being limited by the Development Agreement accompanying this application. The traffic impact analysis submitted by the applicant used real time data to develop an accurate volume count for the adjacent segments of Gulf-to-Bay Boulevard between McMullen Booth Road and the Clearwater city limits, as well as for the intersections of Gulf-to-Bay Boulevard and Bayshore Boulevard and Gulf-to-Bay Boulevard and Damascus Road. This study indicates that the existing roadway levels of service on these segments is D, peak hour, and the signals are operating at level of service C. The additional trips generated by the proposed changes to the site will not negatively affect the level of service on Gulf-to-Bay Boulevard and the intersections will continue to operate at acceptable levels of service. Mass Transit The citywide level of service for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject property is located on a mass transit route. Potable Water The current future land use designations could use up to 66,835 gallons of potable water per day. Under the proposed future land use designation, potable water demand could approach approximately 82,100 gallons per day, which results in a net increase of 15,265 gallons. Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 13 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 14 of 17 Wastewater The current future land use designations could produce up to 59,809 gallons of wastewater per day. Under the proposed future land use designation, sewer demand could approach approximately 72,190 gallons per day, which results in a net increase of 12,381 gallons. Solid Waste The current future land use designation could generate 988 tons of solid waste per year. Under the proposed future land use designation, 2,157 tons of solid waste could be generated per year, or an increase of 1,169 tons. Recreation and Open Space The City has sufficient parkland or recreational facility capacity to serve future development under the proposed amendment. Open Space, Recreation Land and Recreation Facility impact fees will be required for future development prior to the issuance of a building permit. Impact fees will be determined as part of the development review process. Public School Facilities Based on factors established by the Pinellas County School Board, the current Institutional (I) plan category (potential of 243 residential units) and Residential Low (RL) plan category (potential of 3 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 246 units = 36.90 students Middle School: 0.07 students per unit x 246 units = 17.22 students High School: 0.10 students per unit x 246 units = 24.60 students TOTAL = 78.72 students Based on factors established by the Pinellas County School Board, the proposed Institutional (I) plan category (potential of 331 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 331 units = 46.65 students Middle School: 0.07 students per unit x 331 units = 23.17 students High School: 0.10 students per unit x 331 units = 33.10 students TOTAL= 105.92 students An increase of 27.2 students could occur as a result of the proposed Future Land Use Map amendment. The subject property is located within Concurrency Service Area (CSA) C for elementary and Concurrency Service Area (CSA) C for middle schools. According to enrollment and capacity data from the Pinellas County School District, there is available capacity within both CSA C and the high school CSA to accommodate the potential additional students. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by the proposed Future Land Use Map amendment will not degrade the existing level of service on Gulf-to-Bay Boulevard or the operational efficiency of the signalized intersections. There would be increased demand for potable water, wastewater, and solid waste service, although the increase would not negatively impact the City's ability to meet the adopted level of service standards for these public facilities. Open space and recreation facilities and mass transit will not be affected by the proposed amendments. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 14 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 15 of 17 Recommended Findings of Fact The total area of the subject property is 131.05 acres, characterized primarily by wetland habitat currently designated Preservation (P) and Water/Drainage Feature on the Future Land Use Map (105.19 acres total). Smaller portions of the wetland area are designated Residential Low (RL) and Commercial General (CG) which is inconsistent with the physical characteristics of those areas of the property (4.46 acres total). The proposed map amendments would expand the existing Institutional (I) area by changing the designation of Preservation (P), Residential Low (RL), Recreation/Open Space (R/OS), and Water/Drainage Feature to Institutional (I) on the Future Land Use Map, resulting in 26.55 acres of land designated Institutional (I). The applicant received approval of a Petition for Formal Determination of Wetlands and Other Surface Waters from SWFWMD on December 3, 2009, approving their specific purpose wetland survey depicting location of the upland areas within the property boundaries. Upon approval of this land use map amendment, the applicant intends to apply for additional changes to the jurisdictional wetland boundaries in order to accommodate additional development within the proposed Institutional (I) area. Prior to any development or construction activities on the site, permits would be required from the appropriate regulatory agencies including the U. S. Army Corps of Engineers and SWFWMD. The proposed plans would potentially impact 7.8 acres of habitat, a portion of which is currently designated Institutional (I) on the Future Land Use Map. The applicant has provided a Threatened and Endangered Species Report including an analysis of the species of animals and habitat present within the area proposed to be impacted. Impacted habitat includes black mangrove forest (2.48 acres), Brazilian pepper/landfill forest (1.75 acres), mixed grasses (1.55 acres), open water (1.11 acres) and small stands of pine and oak within the wetland boundaries. According to this report, the majority of the areas being impacted are already degraded habitats; however, 1.55 acres of high marine marsh dominated by specific species of mixed grasses (1.55 acres) is functional habitat that would be impacted by the proposed plans, should they be permitted by the appropriate regulatory agencies. The applicant worked to minimize the impact to the high quality Preservation (P) areas, and has submitted a Mitigation Plan for 99 acres of the wetlands area that would, according to the plan, restore and enhance the degraded wetland ecosystem. The proposal addresses the objectives of hydrologic restoration and habitat enhancement through the removal of Brazilian pepper, restoration of habitat impacted by mosquito ditching, enhancing tidal creek flow, and creating a hydraulic connection under Damascus Road. The proposed land use change facilitates the development of a Master Plan for the college. The accompanying development agreement (Case No. DVA2010-06001) limits any development to the Institutional (I) area within the Master Plan and includes a new stormwater management system and buffers between development and the surrounding wetlands consistent with the Clearwater Community Development Code. A conservation easement would be placed on the Mitigation Area in perpetuity, further restricting the future development potential within the subject area. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that although the proposal could result in limited impacts to wetland habitat surrounding the college, the proposed mitigation strategies Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 15 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 16 of 17 could improve the overall wetland ecosystem. The applicant will need to receive further approvals and permits from the appropriate regulatory agencies before any development could take place. The Mitigation Plan, which would also need to be approved by the U.S. Army Corps of Engineers and the Southwest Florida Water Management District, would result in a net increase of higher quality wetlands, while impacts to higher quality habitat is being minimized by the plan. Any development would require compliance with the City's tree preservation, stormwater management, and wetland buffer requirements. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact Due to the development on the subject site being restricted to the southeast portion of the site, the location of the proposed Institutional (I) boundaries is logical and an appropriate classification. The district boundaries are appropriately drawn in regard to ownership lines and proposed master plan and mitigation areas. The proposed Preservation (P) boundaries will make the zoning designations of some areas currently zoned Residential Low (RL) and Commercial (C) consistent with the actual characteristics of the area. The proposed boundaries will continue to maintain an extensive buffer between the college in the southeast corner of the subject site and the residential uses approximately 1,800 feet to the west. The district boundaries are appropriately drawn in regard to ownership lines and proposed master plan and mitigation areas. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Section 4-602.F.1] The proposed Institutional (I) future land use and zoning designations permit a floor area ratio of 0.65 and a 0.85 impervious surface ratio. The subject property meets the minimum lot area of 40,000 square feet required for educational facilities uses in the Institutional (I) zoning district. Any development of the property that does not meet minimum standard requirements will be subject to the use criteria in the Flexible Standard Development process or Flexible Development process. SUMMARY AND RECOMMENDATIONS The request for amendment to the Future Land Use Map involves a change from the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL) and Water/Drainage Feature future land use categories to the (I), Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature future land use categories. Also involved is a request for rezoning from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR) and Open Space/Recreation (OS/R) zoning districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) zoning districts. The subject property is developed as a college. The site is surrounded by preservation and wetland areas to the north and east, the Courtney Campbell Causeway to the south, and residential uses to the west. The proposed amendment is compatible with the existing Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 16 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 4 Page 17 of 17 neighborhood. The use and density of this property is proposed to be limited through a companion development agreement application (Case No. DVA2010-06001). The proposed Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature Future Land Use Map classifications and Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) zoning districts are consistent with both the City Comprehensive Plan and the Countywide Rules, are compatible with the surrounding area, do not degrade public services below acceptable levels, are compatible with the natural environment with the approval of the Mitigation Plan and the granting of a conservation easement over lands designated Preservation (P) are consistent with the development regulations of the City. Approval of this land use map amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Based on the above analysis, the Planning and Development Department recommends the following actions on the request: ACTION: Recommend APPROVAL of the Future Land Use Map amendment from the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL) and Water/Drainage Feature categories to the Institutional (I), Preservation (P), Recreation/Open Space (R/OS) and Water/Drainage Feature categories and the rezoning request from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR) and Open Space/Recreation (OS/R) districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) districts. Prepared by Planning & Development Department staff: Lauren Matzke, AICP, Planner III Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Current Future Land Use Map Proposed Future Land Use Map Current Zoning Map Proposed Zoning Map Existing Surrounding Use Map Site Photographs Community Development Board - August 3, 2010 - Case LUZ2010-06002 - Page 17 of 18 C:AProgram Files\Neevia.Com\Document Converter\temp\PDFConvertPROD.12574.1.LUZ2010-06002 Staff Report 072211 m # 4 Attachment number 5 Page 1 of 1 RESOLUTION NO. 10-18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CLEARWATER CHRISTIAN PRIVATE SCHOOL, INC., A FLORIDA NON-PROFIT CORPORATION ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with a Florida non-profit corporation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and Clearwater Christian Private School, Inc., a Florida non-profit Corporation, a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: Leslie K. Dougall-Sides City Attorney day of , 2010. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution Nteff4g Attachment number 6 Page 1 of 2 ORDINANCE NO. 8197-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF GULF-TO-BAY BOULEVARD APPROXIMATELY 900 FEET EAST OF SOUTH BAYSHORE BOULEVARD, CONSISTING OF A PORTION OF A 131.05 ACRE SITE, WHOSE POST OFFICE ADDRESS IS 3400 GULF-TO-BAY BOULEVARD, FROM INSTITUTIONAL (1), COMMERCIAL GENERAL (CG), PRESERVATION (P), WATER/DRAINAGE FEATURE, RECREATION/OPEN SPACE (R/OS), AND RESIDENTIAL LOW (RL) TO INSTITUTIONAL (1), PRESERVATION (P), RECREATION/OPEN SPACE (R/OS), AND WATER/DRAINAGE FEATURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See "Exhibit A" Attached From: Institutional (1), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS), And Residential Low (RL) To: Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature (LUZ2010-06002 ) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Item # 4 Ordinance No. 8197-10 Attachment number 6 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 4 Ordinance No. 8197-10 Attachment number 7 Page 1 of 2 ORDINANCE NO. 8198-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF GULF-TO-BAY BOULEVARD APPROXIMATELY 900 FEET EAST OF SOUTH BAYSHORE BOULEVARD, CONSISTING OF A PORTION OF A 131.05 ACRE SITE, WHOSE POST OFFICE ADDRESS IS 3400 GULF-TO-BAY BOULEVARD, FROM INSTITUTIONAL (1), COMMERCIAL (C), PRESERVATION (P), LOW DENSITY RESIDENTIAL (LDR), AND OPEN SPACE/RECREATION (OS/R), TO INSTITUTIONAL (1), PRESERVATION (P), AND OPEN SPACE/RECREATION (OS/R); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See "Exhibit A" Attached From: Institutional (1), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) (LUZ2010-06002) To: Institutional (1), Preservation (P), and Open Space/Recreation (OS/R) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8197-10 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. Item # 4 Ordinance No.8198 -10 Attachment number 7 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 4 Ordinance No.8198 -10 -f 75-535b°15 4600 F!CA531 velop and.propgote an-overall plan For the approarinta 1.eo of the land areas found within pinellaG'County, F'I_orirla• Although technically the subject matter of this suit, the pell- r ((? insula known as Cooper's. point has achieved, within the eyes of the v ^'?J Court, a status which exc?ed's this technical depeription: Includ- \VaY7,T \? •. ing aquatic lands, this peninsula includes in excess of two hundred acres and lies on a northeast-Wuthweet axis aloe , th 5' c •wcstern shores of upper Tampa gay, separated from the mainland by a shallow body of • water known as Cooper's Bayou- This peninsula lies within the ea,st- ernmost boundaries of the City of Clearwarer, Florida. Except for S ' C]parwater Christian college., a small private school located in the southeastern portion of this peninsula, and except for a network A {. "mosquito ditches" which weave a web-li:<e design upon it, this pen- insula haW so far escaped the hand of man. Indeed, thds peninsula is unique among Pinellas County shoreline properties in that it eliows only the design and work of its original Architect. Its low lying aquatic lands contain vegetation which'forms the basis of a food eNain which is traceable up tq enan himself. Its uplands constitute a natural homesite for tiumeroua birds, reptiles and mammals .which arse becoming all too scarce within our environment, Indeed, Cooper's pdi.nt is .unique because, at least locally, it is now one of a kind. These observgtions were enhanced by the Court's visit to and view of r Cooper's Point. lip There is no question bpt that, since their initial dialogue in t/ the mid-months of 1973, the Plaintiffs have expended large amounts of time, effort and mnney in. the promotion of their particular plans for the unified developmapt of Cooper's Point. The Plaintiffs have, s , jointly and individually, i-neurred, among other expenditures, fees 5 for legal representation, fees for architectural assisrrlnce and Ease _ for engirtRer.i.ng services, These eicpcrditures have been Substantial, 1 In August of 1973, the Plaintiffs retained the services of an C _q_ s; -G 7 - "e e,7,_ r } C g 7 5-53 76 -- 15 a similar tshion and Le anjcy ttte,vadL•niaLl • r:uao,td( -c,pj.orLLL11ty of such a venture. In these regards, the efforts of thr• t°laint ffs, their expenditure ot. time and ntoeay` and their antir_ioations arc n . appreciated by this Court- The Plaintiffs }rave, at all'times,' pro-- ceeded withwevidenced professionalism, cooperation and good faith. Throughout the history of the Pinellas county peninsula, and until eompaiativis?.Jy recent time's,. there has been no meaningful re- striction upon the usd of its lands and waterways. The--undeniable advantages of Wr Pinellas peninsula have brought countless thousands into its boundaries to live, work and play. Hays and waterways which were once beautifully expansive and teeming with aquatic life have 'become suburban cui=unities- Our shorelines which once wel-f cowed the brillance of the morning sun and bid farewell to the spiendor of its evening departure now are cluttrarod and obscured. Views which were once free for all to enjoy are now restricted in many areas to a fortunate few. Our comments' are not to be considered nor interpreted as a condemnwrfon• of-wu+ti- amily dwelling units- We 'recognize their convenience. their desirability and their econgAic necessity. Vwr comments-are intended as an indication of this Court's concern for y S , the perpetual preservation of that which differentiates.Pinellas County from the many land--locked counties withirr the interior portions .of our State- Pinellas County hair precious little natural shoreline, left. It is our $ineeie hope that the recent effortd of the rJovern- mental-ageneiea'within Pinellas County to preserve our remaining shoreline will be. neither too little nor too late-.- -The value of the Plaintiffs land, the Cooper's Paint peninsula, - y ' i's beyond 'estimate, but its value should not be measured monetarily. It is coACeiv.able and probably that the Plaintiffs wilka soRneduy, develop Copper's Point and that the work of its original Creator will be ultimately altered, he believe that the Plaintiffs can de- vclolS the Cooper's Point peninsula in such a manner as to derive _i.i_ :,. ? w 10 Page 4 383 So. 2d 681, *; 1980 Fla. App. LEXIS 1.5989, **; ?)A ® 19 A.L.R.4th 745 CG to CP (Parkway Business District) which was a more restricted use than CG. ' It also rezoned the balance of the property from CG to RS-100 which restricted use of the land to single family residences with lots of not less than 10,000 square feet. The RS-100 zone was a less restrictive classification than the RS-200 zone which the planning department had earlier recommended. However, it should be noted that while tip to 4.3 units per acre were permissible under RS-100, because of the peculiar geographic configuration of Cooper's Point, not more than. 2.2 units per acre were physically possible. Appellant's problems were exacerbated by the fact that the Cooper's Point area is in a "Flood Plain" so that federal regulations require all residences to have their [**61 first floor of living area not less than eleven feet above mean high water. The net effect of the two ordinances was that appellants could no longer build highrise units with parking below but could only construct. a limited number of single family structures on stilts. 3 Appellants do not attack the CP rezoning in this appeal. Appellants submit that Cooper's Point, is now, for all practical purposes, undevelopable_ Thus, they contend that the downzoning of their property to RS-100 was void as being capricious, arbitrary, unreasonable and confiscatory. The trial court ruled against appellants on this issue, and we find no reason to disturb its decision. There was sufficient evidence from which the court could find that the disputed ordinance did not have the effect of denying appellants the beneficial use of their property in violation of the state and federal constitutions. (f Estuary Properties, Inc. v. Askew, 381 So.2d 1126 (Fla.lst DCA 1979), in which the property owner lost essentially all practical [**71 use of his proper- ty. Moreover, we cannot say that the decision [*6851 to subject Cooper's Point to RS-100 zoning was not "fairly debatable" within the well-established rules for amendments to zoning ordinances. See e. g. Central Bank & Trust Co. v. Board of County Commissioners, 340 So.2d 503 (Fla.3d DCA 1976); Town of North Redington Beach v. Williams, 220 So.2d 22 (Fla.2d DCA 1969). In this connection it should be observed that the land on the mainland to the west of Cooper's Point carried a residential zoning classification. The fact that Cooper's Point is so low that the flood plain and setback requirements work against the economies of residential development does not mean that the City of Clearwater cannot zone the property for residential use. Asa practical matter, (11N1) municipalities cannot be required to adjust their ordinary residential zoning classifications to take into account every peculiar land elevation and configuration. Appellants also argue that the ordinance which rezoned their wetlands as aquatic lands constituted a "taking" for public use, requiring an inverse condemnation remedy. Once again we believe the record supports the trial court's conclusion. While [**81 there is no doubt that appellants will not be able to do much with their wetlands in the face of aquatic zoning, there wasn't very much they could have done with this land without such zoning. Except for a diirty foot strip above the high water mark, all of the prope involved w mer ed land. There were no bulkhead lines, and the record reflects that it was most unlikely that appellants would have been able to obtain permission to fill the land. Al- so, as the trial court pointed out, there were serious environmental considerations which justified the placing of appel- lants' wetlands within the aquatic lands zone. Appellants' third point requires more elaboration. 4 They argue that because of the manner in which city officials dealt with them, the doctrine of equitable estoppel should prevent the city from applying the amendments to its zoning ordin- ance to their property. In rejecting this claim, the trial court said: [**91 From the outset the plaintiffs have complained that the city was estopped to deny to them the development of the peninsula to which they aspire. The plaintiffs complained that the old zoning, Commercial-General, would have allowed the full develop- ment of Cooper's Point in accordance with their plans subject only to the final determination of the aquatic land boundaries. The plaintiffs also complained that throughout their official negotiations with the city they were lulled into a sense of security by the words and actions of the agents and employees of the city, who seemed to indicate acceptance of their plans subject only to a de- termination by the state that their plans did not constitute a "development of regional impact." The plaintiffs complained that as a direct result of the prior zoning of the peninsula and of the apparent tentative approval by the city of their proposed development, they materially changed their position, to their detriment, in reliance thereon. However, at the end of the plaintiffs' case in chief, this court granted the defendant city's motion for directed verdict with regard to the plaintiffs' allegations that the defendant should be estopped to deny [*•101 to them the zoning which previously existed upon the peninsula. In our ruling, which we hereby re- confirm, we found that the optimistic interpretation by the plaintiffs of what can best be described as bare innuendo voiced by the employees and agents of the city did not give rise to a circumstance upon which the plaintiffs could legally rely. We also found and again state that the city spoke no word, committed no overt act or deed upon which the plaintiffs could have reasonably relied. Further, we found that the lack of discouragement on the part of the city did not equal the active official encouragement upon which the plaintiffs could 1.6861 have legally relied. Finally, it was the finding of this. court that the city's failure to prelimina- rily discourage a developer from a project which did not bask in the sunshine of city approval did not constitute, in the court's mind, an official activity or indicia as could be legally relied upon by the plaintiffs. In substance, and as was stated before, we.find there simply was no hard evidence to substantiate the plaintiffs' allegations that the city should be estopped. Therefore, and again, the plaintiffs' complaint for relief under [**111 the theory of estoppel, is denied. L4 OD ??AVA:f7i108 AV8 0.1, J'?:iJ 06`C : -- -- -- ___-- -mot. 90:1H `S ?.L1•?;IIJd :_13.1'I?:? i.1'I?.S]cFi:: Tlc•:Y.MZV7•.- r. - 41 1,9 s ( J I - . 2 i7 1-' i 1 •?i 11 .. _71 rS .... _ -.-.... n c r_ ' .mow .'f --¦¦¦yy } C tt .?7e 49 J .. ' ' Alt %all :? c: cam y s a 7. 2L 4-4 ti w r ? ? 84 y. a ry. r. ti ;Jill ZI? ? r? K.1_ • M ti 4 tF C3 fly 111 1 T?.l no 4af 0 c? . to ,C r.1 N V x R 44. Jill i? ?W 3 'A A ju a f t ?'. Jill_ F-. W O ?Q 1 t «Q o August 5, 2010 Honorable Mayor Hibbard, Vice Mayor Doran, and Clearwater City Council : ST'.PETERSBURG? AUDUBON CIE1Y The St. Petersburg Audubon Society is opposed to City of Clearwater Agenda item 8.2 (Comprehensive Plan Amendment Case No. LUZ2010-06002 and Development Agreement Case No. DVA2010-06001) related to the Clearwater Christian College. Our primary concern relates to impacts on the Bald Eagle nest located on City property as close as 9 feet from the proposed construction (see attached plans taken from the City's agenda packet). The Bald Eagle Management Plan which was adopted on April 9 2008 by the Florida Fish and Wildlife Conservation Commission (FWC) provides clear guidelines for development and construction activities near Eagle nests. We understand you have been provided a copy of that plan. In particular, activities such as listed below may require an Eagle permit from FWC. Clear-cutting within 330 feet of the nest at any time. This restrk6on may be lilted outside the nesting season for emergency provisions, such as to control disease outbreak or an insect infestation, especially when the health of the nest tree maybe at risk. (page 27, Bald Eagle Management Plan). The proposed construction of a "soccer / baseball field" as close as Wfeet from the Eagle nest would involve clear cutting and therefore require a permit. However, even if an FWC eagle permit were issued, the following "minimization efforts" may be required: Avoid construction activity (except those related to emergencies) within 100 beet of an eagle nest during any time of the year except for nests built on artificial structures.... (page 33, Bald Eagle Management Plan) Thus is appears unlikely that the proposed developments would ever be permissible. We encourage the City and the Developer to withdraw the proposed development agreement and work with the Clearwater, St. Petersburg & Florida Audubon Societies (and other knowledgeable interested parties) to develop a plan which would not cause adverse impacts to the Eagles and their habitat. Clearwater decided in the 0's to preserve Cooper's Point; we hope they will not reconsider now. 98 Dave Kandz, Conservation Chair St. Petersburg Audubon Society attachments: proposed master plan overview, FWC Eagle Permitting process guidelines cc: Nancy Douglass, Regional Biologist, Southwest Region, Florida Fish and Wildhfc Conservation Commission Eric Draper, Executive Director, Audubon of Florida PO Box 49087 0 St. Petersburg, FL 33743-9087 a www.stUeteaudubon.org, Chapter 4: Recommended Conservation Actions Is the activity within 660 feet of air w6vc or altorxraRe neat? Nb No Parmit Neodod; No Rashictions YES Noath* Sasson (1 Oct-15 May)* <330 feat of the Nest No Aetiviiy ern itled 3 -660 fi 0a 6f thaNoss Or Bald Eagle Management Plan Non-nesting Seem (16 May-" Sep)* ToOporaty' l I Petraaneat Azt yi I Activities Follow Fallow OW&liwo Ord Figure 4. Process map for determining whether or not a FWC Eagle Permit would be recommended for a proposed activity near a bald eagle nest. For ongoing activities that are conducted at the historic rate, or for activities that may fall under similar scope to existing actvities, refer to the FWC Eagle Management Guidelines for more detail. * Unless nestlings fledge before or after these dates _24_ Florida Fish and Wildlife Conservation Commission BALD EAGLE MANAGEMENT PLAN Hafteetus leucocephalus ?D 0$? Adopted: April 9, 2008 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION 620 South Meridian Street Tallahassee, Florida 32399-1600 Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan BALD EAGLE MANAGEMENT PLAN TEAM Sponsors: Sponsor Representative: Team Leader: Timothy A. Breault, Director Division of Habitat and Species Conservation Gil McRae, Director Fish and Wildlife Research Institute Elsa M. Haubold, Section Leader Division of Habitat and Species Conservation Robin Boughton, Avian Coordinator Division of Habitat and Species Conservation Team Members: Janell Brush, Fish and Wildlife Research Institute Dave Eggeman, Division of Habitat and Species Conservation Don Holway, Division of Law Enforcement Glenn Lowe, St. Johns Water Management District Annemarie Prince, Division of Habitat and Species Conservation Dan Sullivan, Division of Habitat and Species Conservation Rebecca Trudeau, St. Johns Water Management District Team Resources: Facilitator: Steve Zukowsky Stakeholder Coordination: Bill Pranty, Pen-an Ross Editor: Bill Pranty Community Relations: Beth Scott Legal: Michael Yaun Recorder: Terri Tiffany Education and Outreach: Judy Gillan Eagle Research and Surveys: Stephen B. Nesbitt Executive Director's Office: Dennis David -ll Bald Eagle Management Plan Florida Fish and Wildlife Conservation Commission EXECUTIVE SUMMARY The dramatic recovery of the bald eagle (Haliaeetus leucocephalus) in the past 35 years represents one of the great conservation success stories in our nation's history. This management plan provides the framework for the conservation and management of the bald eagle in Florida to ensure its continued recovery. This plan meets the requirements of the Florida Fish and Wildlife Conservation Commission's (FWC) listing process (Rule 68A-27.0012, Florida Administrative Code [F.A.C.]). The listing process was initiated in July 2002, when the FWC was petitioned to reevaluate the status of the bald eagle, which was considered a threatened species in Florida (Rule 68A-27.004, F.A.C.). Action on the petition was delayed due to a listing moratorium, which was lifted in April 2005. Following the guidance of FWC's listing process, a five-member biological review panel was approved in June 2005. The panel assessed the eagle's population and distribution data against species-imperilment criteria (Rule 68A-1.004, F.A.C.), and determined that the bald eagle no longer met the criteria for state listing at any level. As a result, the panel unanimously recom- mended that the bald eagle be removed from Florida's list of imperiled species. The panel also acknowledged the importance of protecting nest sites, and suggested that continued protection of nesting habitats was necessary to sustain recovery of the species (Sullivan et al. 2006). The decision to delist the bald eagle in Florida is based on the following biological data: (1) bald eagles occur throughout the state; (2) the population does not experience extreme fluctuations in distribution or numbers; (3) the estimated number of adults has increased more than 300% during the past three eagle generations (defined in this document as a total of 24 years); and (4) the population is not expected to experience significant declines over the next 24 years. The continental bald eagle population began to decline in the 18th century as a result of habitat loss and direct persecution. The decline intensified during the mid-20th century with widespread use of organochlorine pesticides such as DDT compounding the losses from habitat destruction and shooting. DDT was used widely in the U.S. until it was banned in 1972, in part because it caused eggshell thinning in raptors, resulting in widespread reproductive failure. Bald eagles reclaimed their entire historic range by the late 1990s, and their estimated population in the Lower 48 states increased from an estimated 417 pairs in 1963 to 9,789 pairs by 2007. Bald eagles have met or exceeded the population goals established in each of the five regional recovery plans, and in August 2007, the U.S. Fish and Wildlife Service (USFWS) removed the species from the list of species protected by the Endangered Species Act. The USFWS recovery plan for the southeastern United States established 400 bald eagle nesting territories as the number necessary to down-list the Florida population from endangered to threatened, and 1,000 nesting territories in the state as one criterion for delisting the eagle nationally. By early 2007, there were 1,218 active bald eagle nesting territories in Florida (FWC unpublished data). The goal of this management plan is to maintain a stable or increasing population of bald eagles throughout Florida in perpetuity. To achieve this goal, bald eagles and their nests must continue to be protected through science-based management, regulation, public education, and law enforcement. Continued conservation efforts are required to prevent a population decline of 10% or more that might trigger a re-evaluation for relisting the bald eagle. To maintain the - iii - Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan conservation goal, this management plan establishes four conservation objectives that will be calculated annually as five-year running averages. All of these objectives have already been met, and maintaining these objectives will assure that the goal of this management plan is met: (1) a minimum of 1,020 nesting territories per year over the next 24 years; (2) an average of 68% of nesting territories producing ?1 nestling per year; (3) an average reproductive success of ?1.5 fledglings per active nest; and (4) maintain the current area of occupancy (770 mi) and extent of occurrence (52,979 mil) of eagles statewide. In addition to being our national symbol, reasons for continued conservation, management, and monitoring of Florida's bald eagles include the following: (1) Florida supports 11% of the nesting population in the Lower 48 states, more than any state other than Alaska and Minnesota; (2) 67% of all eagle nests in the state are located on private lands; (3) disturbance can negatively affect the reproductive success of nesting eagles; (4) growth of Florida's human population assures continued encroachment into eagle nesting and foraging habitats; and (5) the public insists on continued conservation of this magnificent species. The FWC's biological review panel determined that Florida's eagle population would not experience significant declines over the next three generations, but acknowledged that protection of nest sites should continue. This plan proposes continued regulation of nesting habitats during the first five years following delisting. The FWC will monitor Florida's eagle population and will study the effects of human activities near eagle nests. After five years, results of this research will be evaluated and regulations will be adjusted as appropriate. To ensure that the conservation goal and objectives continue to be met, this management plan recommends a suite of conservation actions. These actions are best accomplished by applying an adaptive management approach that allows adjustment to policies, guidelines, and techniques based on science and observed responses to implemented conservation measures. The conservation actions are organized into the following sections or sub-sections: Habitat Management, Land Acquisition, Private Lands Incentives, Law Enforcement, Proposed Regulations, Permitting Framework April 2008, Local Government Coordination, Monitoring Plan, Education and Outreach, and Ongoing and Future Research. Management of bald eagles in Florida through the implementation of this plan requires the cooperation of local, state, and federal governmental agencies; non-governmental organizations; business, agricultural, and forestry interests; universities; and the public. This plan was developed by the FWC in collaboration with a diverse group of stakeholders, and its successful implementation requires the cooperation of and coordination with other agencies, organizations, private interests, and individuals. Any significant changes to this management plan will be made with the involvement of our stakeholders. The FWC formally solicited public comment and peer-review on the proposed delisting action of the bald eagle in Florida at several junctures of the delisting process and the writing of this management plan. Comment periods were noticed in the Florida Administrative Weekly to solicit: (1) information on the bald eagle's biological status to be considered during the development of the Biological Status Report for the Bald Eagle (Sullivan et al. 2006); (2) information on the management needs of the eagle and any economic, social, and ecological factors to consider as part of its management; and (3) public and stakeholder input on drafts of - Xv - Bald Eagle Management Plan Florida Fish and Wildlife Conservation Commission the management plan. Public comments also were received following release of the Biological Status Report for the Bald Eagle in 2006, and at the September 2007 FWC Commission meeting when a draft of this Bald Eagle Management Plan and its associated rule changes were presented to the Commissioners and received conceptual approval. Following this meeting, the FWC created an "ad-hoc" committee of some of its most active bald eagle stakeholders, and this committee met several times into early 2008 to assist the FWC in resolving issues remaining with regulation and management of the state's bald eagle population. Five years following approval of this plan, the FWC and its stakeholders will re-evaluate the biological status of the bald eagle in Florida. If nest-monitoring data suggest that modification of guidelines for the regulation of land uses surrounding eagle nests may be appropriate, then this management plan will be revised accordingly. -v- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan TABLE OF CONTENTS BALD EAGLE MANAGEMENT PLAN TEAM ...................................................................... ii EXECUTIVE SUMMARY .....--••-----------•-•----• ........................................................................... .. iii LIST OF FIGURES ................................. ................................•--............................................... vial LIST OF TABLES ..................................................................................................................... viii GLOSSARY AND ACRONYMS .............................................. ..... ....... .......................... .. ix CHAPTER 1: BIOLOGICAL BACKGROUND .................................................................... ... 1 Distinguishing Characteristics .....................................................................................•-----•-• --- 1 Taxonomy .........................................................•---•..................................----......--------------------- --- 1 Life History and Habitat ....................................................................................................... ... 1 Breeding Behavior ...................................................................... ............... ... 1 Movements ........................................................................................................................... ... 2 Food ..................................................................................................................................... ... 3 Longevity .......................................................................................................•--...--.--........... ... 3 Habitat ..................................................................................................................... ..... ....... ... 3 Distribution and Population Status ...................................................................................... ... 4 Historical Distribution ........................................................................................................ ... 4 Population Trends ............................................................................................................... ... 5 Current Distribution ........................................................................................................... ... 6 Historic and Ongoing Conservation Efforts ........................................................................ ... 8 CHAPTER 2: THREAT ASSESSMENT ................................................................................ . 10 Reasons for Delisting .......................................... .......... . 10 Present and Anticipated Threats .......................................................................................... . 10 Human-caused Threats ....................................................................................................... . 10 Natural Threats ......................................................................•-•-----•.................---................ . 11 CHAPTER 3: CONSERVATION GOAL AND OBJECTIVES ........................................... . 13 Conservation Goal ................................................................................................ ..... . 13 Conservation Objectives ...............................•---------............................................................... . 13 CHAPTER 4: RECOMMENDED CONSERVATION ACTIONS ....................................... . 15 Strategies to Achieve the Conservation Objectives ............................................................. . 15 .......................................................... Land Acquisition.--•....................................................• 16 . Private Lands Incentives ....................................................................... . 17 Law Enforcement ..................................................................•----...........---.............................. .19 Proposed Regulations ............................................................................................................ . 19 Permitting Framework April 2008 ....................................................................................... . 22 A. FWC Eagle Management Guidelines (Activities That Do Not Require a FWC Ea gle Permit) ..........................................................................................•----................................. . 23 B. Activities That Do Not Require a FWC Eagle Permit if Federally Authorized ...... . 29 C. Activities That Require a FWC Eagle Permit ............................................................ . 30 D. Activities That May Require a FWC Eagle Permit ................................................... . 32 Local Government Coordination .......................................................................................... . 36 Monitoring Plan ...................................................................................................................... 38 Education and Outreach ........................................................................ ..... 41 Research ......................................................................................................................•-•---....... 43 -vi- Bald Eagle Management Plan Florida Fish and Wildlife Conservation Commission CHAPTER 5: IMPLEMENTATION STRATEGY .............................................. Priority Actions .................................................................................................... Required Resources and Other Costs Associated with Implementation ........ Implementation Schedule .................................................................................... Management Plan Review and Revision ............................................................ CHAPTER 6: ANTICIPATED IMPACTS ........................................................... Economic Impacts ................................................................................................ Social Impacts .................................. •.................................................................... Ecological Impacts ............................................................................................... LITERATURE CITED ........................................................................................... APPENDIX 1: LINKS TO ONLINE USFWS DOCUMENTS ............................ • S OF FWC STAKEHOLDERS 46 ................... 46 ................... 47 ................... 48 ................... 51 ................... 52 ................... 52 ................... 52 ................... 53 ................... 54 APPENDIX 2: LIT ....................................................... 58 59 - vii - Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan LIST OF FIGURES Figure 1. Distribution of bald eagle nests in Florida, 2005-2006 ..................................................4 Figure 2. Number of bald eagle nesting territories in Florida, 1973-2007 ......................................5 Figure 3. Location of bald eagle "core nesting areas" in Florida, 2005-2006 ................................7 Figure 4. Process map for determining whether or not a FWC Eagle Permit would be recommended for a proposed activity near a bald eagle nest .........................................24 LIST OF TABLES Table 1. Number of bald eagle nesting territories in the top 10 counties in Florida, 2004-2005.. 7 Table 2. Landowner assistance programs that may be used to promote the conservation of bald eagles in Florida ..............................................................................................................18 Table 3. The minimum allowed distances from an active or alternate bald eagle nest that a Category A or Category B activity can occur without the need for a FWC bald eagle permit ..............................................................................................................................26 - viii - Bald Eagle Management Plan Florida Fish and Wildlife Conservation Commission GLOSSARY AND ACRONYMS Abandoned Nest: A bald eagle nest that is intact or partially intact but has been inactive through six or more consecutive nesting seasons. While the buffer zone surrounding the nest is no longer protected, the nest itself may not be altered. Compare with Alternate Nest. Active Nest: A nest that shows or showed evidence of breeding by bald eagles, such as an adult attending the nest or in incubating position, a clutch of eggs, or a brood of nestlings, at any time during the current or most recent nesting season. Active Territory: A bald eagle nesting territory that contains or contained an active nest at any time during the current or most recent nesting season. Adaptive Management: A decision process that promotes flexible decision-making that can be adjusted as outcomes from management actions and other events are better understood. Adaptive management recognizes the importance of natural variability in contributing to ecological resilience and productivity. It is not a "trial and error" process, but rather emphasizes "learning while doing." Alternate Nest: A bald eagle nest that is intact or partially intact and has been used by bald eagles at any time during the past five nesting seasons, but that was not used during the current or most recent nesting season. An inactive nest is considered to be an alternate nest until it has been inactive for five consecutive nesting seasons, at which time it becomes an Abandoned Nest. Bald eagles often build multiple nests within their territory, but usually only one will be used for nesting in any given nesting season. Compare with Abandoned Nest. Area of Occupancy: The smallest area of suitable habitats essential at any stage to the survival of bald eagles in Florida, based on the presumption that each active nesting territory contains 397-794 acres (1-2 kin). Based on 1,101 known active territories, the Area of Occupancy of bald eagles in Florida was estimated to be between 658 and 1,275 mil in early 2005 (Sullivan et al. 2006, Figure 2). To qualify for listing as a species of special concern in Florida, a species must have an area of occupancy of <700 square miles. See also Extent of Occurrence. Bald and Golden Eagle Protection Act: The federal law enacted in 1940 that now serves as the primary protection for bald eagles nationally now that the eagle has been removed from protection under the U.S. Endangered Species Act. Bald Eagle Conservation Fund: A fund to be established between the FWC and the Wildlife Foundation of Florida to collect "monetary contributions" (conservation funds) from the issuing of FWC Eagle Permits to applicants whose projects impact buffer zones of active or alternate bald eagle nests. Each year, the amount charged will change by an amount equal to the annual Consumer Price Index for the Southeast region, and will be based on changes during the CPU calendar year (1 January-31 December). The appropriate change to the monetary contribution should take effect on 1 March of each year because the CPI - lx- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan for the previous year is usually not available until mid-February. The contribution will be calculated based on the date that a completed application is received by FWC. Breeding Productivity: The number of nestlings produced by an eagle pair or population. Nestlings should be surveyed just before they fledge. The recommended procedure for determining breeding productivity is to divide the number of nestlings produced by the number of active nesting territories. Compare with Reproductive Success. Communal Roost: An area where bald eagles gather and perch overnight, or and sometimes during the day during inclement weather. Communal roosts are usually in large trees (alive or dead) that are close to foraging areas. Communal roosts are rare in Florida. Conservation Measures: One or more actions provided by landowners to benefit bald eagles in exchange for a permit to conduct an activity within the buffer zone of an active or alternate bald eagle nest in Florida.. Core Nesting Area: One of 16 regions in Florida that contains a high density of bald eagle nesting territories (Figure 3, page 7). Together, the core areas support a majority of the state's known active nesting territories. The core nesting areas are numbered chronologically from the year of discovery and are located in the following regions: (1) lakes Lochloosa, Newnans, and Orange in Alachua County; (2) Lake George in Lake, Marion, Putnam, and Volusia counties; (3) the middle St. Johns River in Brevard, Seminole, and Volusia counties; (4) the Kissimmee chain of lakes in Osceola and Polk counties; (5) the Placida Peninsula in Charlotte and Sarasota counties; (6) the Harris chain of lakes in Lake, Marion, and Sumter counties; (7) the Lee County coast; (8) St. Vincent National Wildlife Refuge in Franklin County; (9) St. Marks National Wildlife Refuge in Wakulla County; (10) the Lower St. Johns River in Clay, Flagler, and St. Johns counties; (11) Rodman Reservoir in Marion and Putnam counties; (12) the central Gulf Coast in Citrus, Hernando, and Pasco counties; (13) central Polk County; (14) Lake Istokpoga in Highlands County; (15) the northeast shore of Lake Okeechobee in Martin and Okeechobee counties; and (16) coastal Charlotte County. Development of Regional Impact: A development that is likely to have regional effects beyond the local government jurisdiction in which it is located. Disturb: (as defined by USFWS (2007b): "To agitate or bother a bald or golden eagle to the degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." Endangered Species Act: The federal law enacted in 1973 that offered primary protection nationally to bald eagles. When the bald eagle was removed from the list of species protected under the Endangered Species Act on 8 August 2007, the Bald and Golden Eagle Protection Act became the primary protection to eagles nationwide. -x- Bald Eagle Management Plan Florida Fish and Wildlife Conservation Commission Extent of Occurrence: The area contained within a minimum convex polygon encompassing all known nesting territories. Based on 1,101 known active territories, the Extent of Occurrence of bald eagles in Florida was estimated to be 52,979 miz in early 2005 (Sullivan et al. 2006). To qualify for listing as a species of special concern in Florida, a species must have an extent of occurrence of X7,700 mil. See also Area of Occupancy. Exterior Construction: All construction and related work for homes or other buildings, including roads, sewer and water lines, powerlines, fill, or excavation work. F.A.C.: Florida Administrative Code. Fledgling: A young eagle that is capable of flight and that has left the nest, usually at 10-12 weeks of age. Fledglings may return to the nest for several weeks to be fed or to roost. Compare with Nestling. FWC: The Florida Fish and Wildlife Conservation Commission, the state agency legally mandated to protect and manage Florida's native wildlife resources. FWC Eagle Permit: A permit issued by the FWC to allow for activities that would otherwise be prohibited by law, such as disturbance, nest removal, capture for rehabilitation, or scientific collection. Some activities require conservation measures to be conducted before a permit will be issued. Because the USFWS has yet to finalize its permitting process, the relationship between state and federal permits remains to be determined, but the need for duplicative permits will be minimized to the greatest extent possible. Harass: see Disturb. Harm: see Disturb. Inactive Nest: A bald eagle nest that was not used during the current or most recent nesting season. See Abandoned Nest and Alternate Nest. Inactive Territory: A bald eagle nesting territory that does not contain an active nest during the current or most recent nesting season. Interior Construction: Any activity or related work for homes or other buildings that is carried out inside a building that has completed exterior walls, roof, windows, and doors. Land Development Code: Any ordinance that regulates development. Local Government: Any agency or governmental body including state agencies such as the Florida Department of Environmental Protection and the five water management districts. Lost Nest: A nest that is no longer present from natural causes (e.g., one that fell apart or was blown out of a tree). In some cases, the nest tree itself may be lost. The FWC recommendations in the section entitled Permitting Framework April 2008 section apply Ixi - Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan to lost nests through two complete, consecutive nesting seasons. Compare with Abandoned Nest. Nest: A structure of sticks created, modified, or used by bald eagles for reproduction, whether or not reproduction was successful. Most nests are in living trees, but some nests are built in snags, on communication towers or other artificial structures, or on the ground. Most eagle territories contain more than one nest; the average across the eagle's range is 1.5 nests/territory. See also Abandoned Nest, Active Nest, Alternate Nest, Lost Nest, and Unknown Nest. Nesting Season: In Florida, the period 1 October-15 May, unless the young fledge before or after 15 May. Nesting Success: See Breeding Productivity and Reproductive Success. Nesting Territory: The area associated with one breeding pair of bald eagles and that contains one or more nests. In rare cases, a nesting territory may lack a nest at the time of the survey, as when the nest is destroyed by severe weather. Nestling: A young eagle (eaglet) that is incapable of flight and that is dependent on its parents. Once an eaglet fledges (i.e., leaves the nest), it becomes a fledgling. Non-Injurious Disturbance: Persistent and intentional disturbance to disperse bald eagles from a site, such as an airport or a fish hatchery, without physical capture or direct handling, or by any means likely to cause injury. Permanent Activity: Any activity expected to disturb bald eagles during two or more nesting seasons. Reproductive Success: The number of fledglings produced annually by a bald eagle pair. Compare with Breeding Productivity. Scientific Collection Permit: A permit issued for activities that include salvage, voucher, bird banding, wildlife possession, or special purpose. Applications must demonstrate a scien- tific or educational benefit for bald eagles, and must identify the purpose, scope, objective, methodology, location, and duration of the project. Similar scope: A measure comparing activities near bald eagle nests. An existing activity near a bald eagle nest is of similar scope to a proposed activity, when the project is similar in nature, size, and use. Site Work: Construction activities such as land clearing or road building that precede construction of homes or other building. Successful Nest: A bald eagle nest that produces at least one fledgling. - xii Bald Eagle Management Plan Florida Fish and Wildlife Conservation Commission "Take" (as defined in 68A-1.004 F.A.C.): "Taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any wildlife or freshwater fish, or their nests or eggs by any means whether or not such actions result in obtaining possession of such wildlife or freshwater fish or their nests or eggs." Temporary Activity: 1) Outside the nesting season: any activity that will leave no permanent structure or have any permanent effect. 2) During the nesting season: any activity expected to disturb bald eagles during only one nesting season. Unknown Nest: A bald eagle nest that was surveyed (usually only once) during the current or most recent nesting season, but that its status could not be determined. U.S.C.: United States Code. USFWS: The United States Fish and Wildlife Service, the federal agency mandated to protect and manage the nation's native wildlife resources. - xiii - Bald Eagle Management Plan Chapter 1: Biological Background CHAPTER 1: BIOLOGICAL BACKGROUND The bald eagle (Haliaeetus leucocephalus) is the symbol of the United States and one of North America's most spectacular birds. It is also one of the most thoroughly studied birds, with perhaps 2,500 articles published on its biology or management (Buehler 2000). This chapter summarizes some aspects of the bald eagle's biology, primarily in Florida. Detailed information on the biology of bald eagles throughout their range is found in Stalmaster (1987), Gerrard and Bortolotti (1988), and Buehler (2000). Distinguishing Characteristics The bald eagle is the largest raptor (bird of prey) that occurs in North America, ranging from 28 to 38 inches in length and with a wingspan from 66 to 96 inches. The largest eagles are found in Alaska and the smallest occur in the southern United States and Mexico (Buehler 2000). The sexes are indistinguishable by plumage, but females are as much as 25% larger than males. Adults are dark brown with a white head and tail. The eyes, bill, legs, and feet are yellow. Juveniles are dark brown overall with white mottling on the belly, tail, and underwings. The eyes are dark brown and the bill is gray to black. The plumage of sub-adults is highly variable, according to age, with a decreasing amount of white on the body and an increasing amount of white on the head and tail attained with each successive molt. The eyes and bill turn yellow during the eagle's fourth year, and full adult plumage is attained during the bird's fifth or (usually) sixth year (Buehler 2000). Taxonomy The bald eagle is a member of the family Accipitridae and the order Falconiformes. It is one of eight members of the genus Haliaeetus, which is from the Greek and means sea eagle; the bald eagle's full scientific name means white-headed sea eagle. The bald eagle is the only member of its genus that occurs regularly in North America. Two other species, the white-tailed eagle (H. albicilla) of Eurasia and the Steller's sea-eagle (H. pelagicus) of Asia, have strayed to the United States, and the white-tailed eagle has bred in Alaska (AOU 1998). Fossil evidence of bald eagles dates back at least one million years and comes from several sites, including three from Florida (Buehler 2000). Two subspecies are recognized by some ornithologists, the larger H. 1. alascanus breeding north of 40E N latitude and the smaller H. 1. leucocephalus to the south. However, the bald eagle may have no subspecies, with its size and mass differences merely representing a decrease along a north-to-south gradient (Curnutt 1996, Buehler 2000). The only other eagle that occurs regularly in North America is the golden eagle (Aquila chrysaetos), which in Florida is a rare non-breeding winter resident, primarily of the panhandle (Stevenson and Anderson 1994). Life History and Habitat Breeding Behavior Bald eagles are highly social outside of the nesting season, but are extremely territorial when nesting. They are capable of breeding in their fourth year, while still in sub-adult plumage, but may not breed until their sixth or seventh year where breeding competition is intense (Buehler Florida Fish and Wildlife Conservation Commission - I - Chapter 1: Biological Background Bald Eagle Management Plan 2000). Bald eagles are thought to be monogamous, with pair bonds persisting for several years, but this is largely unproven. Eagles are single-brooded, although pairs may renest if the first clutch is lost. 1, Ei,!T „ ,'97 Bald eagles in Florida begin nest building or nest maintenance; activities in late September or early October. The nesting season ' •I 8: II is prolonged, with egg-laying beginning as early as October or as late as April (later nests are mostly renesting attempts; Millsap et al. 2004). For purposes of this management plan, the bald eagle nesting season. is defined as the period 1 October-15 May. Nest sites tend to be built near habitat edges (McEwan and Hirth 1980) in a living tree that offers a view of the surrounding area and that can support the eagle's often sizeable nest. Substrates used in Florida vary according to local conditions, and include pines (Pinus palustris and P. elhothi), cypress (Taxodium spp.), mangroves (Avicennia germinans and Rhizophora mangle), great blue heron (Ardea herodia) nests, artificial structures such as communication towers, transmission towers, and raptor nesting platforms, and even---- very rarely--on the ground (Broley 1947, Shea et al. 1979, Curnutt and Robertson 1994, Curnutt 1996, Millsap et al. 2004). However, bald eagles in Florida strongly prefer living native pines to all other substrates; 75% of all eagle nests surveyed during 2006 were built in living native pines (FWC unpublished data). Nearly all bald eagle nests in Florida are built within 1.8 miles i of water (Wood et al. 1989). Territory size varies depending on'' Awl habitat and prey density but is thought to encompass 0.6-1.2 ' ' square miles (Buehler 2000). Bald eagle nests are spaced apart to ensure sufficient food resources for nestlings and to raise young with minimal disturbance from other eagles. Eagle pairs often build more than one nest, which allows them to move to an alternate nest while remaining in their territory. Throughout their range, eagles maintain an average of 1.5 nests per territory, ranging from one nest to five nests (Stalmaster 1987, Buehler 2000). Most clutches of eggs in Florida are laid between December and early January. Mean clutch size throughout the bald eagle's range is 1.87 eggs, with most nests containing two eggs. Incubation lasts about 35 days. Average brood size in Florida is 1.56 nestlings per nest (FWC unpublished data). Nestlings in Florida fledge at around 11 weeks of age and remain with their parents near the nest for an additional 4-11 weeks (Wood 1992, Wood et al. 1998). Fledglings begin widespread local movements before initial dispersal, which occurs from April to July (Millsap et al. 2004). Based on a sample of 18,838 nests in Florida during 1973--2004, average annual breeding productivity was 70.6%, ranging from 52.2% in 1974 to 82.7% in 1996 (Nesbitt 2005). Average reproductive success during 1973-2004 was 1.16 fledglings for all nests and 1.54 fledglings per successful nest. Movements Most of Florida's breeding bald eagles, especially those nesting in the extreme southern peninsula, remain in the state year-round, but most sub-adults and non-breeding adults migrate out of Florida (Stevenson and Anderson 1994, Curnutt 1996, Mojica 2006). Eagles migrate -2- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 1: Biological Background northward between April and August and return southward from late July through late December. Juveniles migrate northward later than older sub-adults (Broley 1947, Wood and Collopy 1995, Mojica 2006). Most juveniles disperse at about 128 days of age and spend their first summer as far north as Newfoundland, with peak numbers summering around Chesapeake Bay and the coastal plain of North Carolina (Broley 1947, Millsap et al. 2004, Mojica 2006). Florida's bald eagles use three migration flyways---the Atlantic coast, Appalachian Mountains, and the Mississippi River valley-with equal frequency, and they use stopover sites for resting or foraging (Mojica 2006). Eagles also exhibit nomadic wandering, mostly by sub-adults. Northern-breeding alascanus bald eagles winter in Florida at least occasionally (Stevenson and Anderson 1994). Food Bald eagles are opportunistic foragers, feeding or scavenging on a wide variety of prey. Primary prey of eagles in Florida includes various fish and waterfowl species. Prey from one study in north-central Florida was composed of 78% fish (mostly catfish, especially brown bullhead; ktalurus nebulosus), 17% birds (mainly American coot; Fulica americana), 3% mammals, and 1% amphibians and reptiles combined (McEwan and Hirth 1980). Most prey is captured from the surface of the water, but bald eagles often harass ospreys (Pandion haliaetus) in flight to drop fish that they have captured. Bald eagles in Florida often scavenge carcasses along roadways or garbage at landfills (Millsap et al. 2004). Longevity The record lifespan for a bald eagle in the wild is 28 years. Eagles follow a pattern typical of raptors, with lower juvenile survival followed by increasing survival to adulthood (Buehler 2000, Millsap et al. 2004). Habitat 77 Throughout their range, bald eagles use forested habitats fors, nesting and roosting, and expanses of shallow fresh or salt ?; {F water for foraging. Nesting habitat generally consists of densely forested areas of mature trees that are isolated from human disturbance (Buehler 2000). Daytime roosts are generally in "super-canopy" trees adjacent to shorelines, and are typically located away from human disturbance (Buehler 2000). Communal roosts, which are rare in Florida, are located within three miles of water (Mojica 2006). The quality of foraging habitat is characterized by the diversity, abundance, and vulnerability of eagle prey, the structure of the aquatic habitat (e.g., presence of shallow water), and the extent of human disturbance (Buehler 2000). Bald eagle nesting habitats are protected by law, but little or no emphasis has yet been placed on the preservation of roosting or foraging habitats (Mojica 2006). The greatest numbers of bald eagle nesting territories in Florida are found along the Gulf coast and around some of the larger inland lakes and river systems in the peninsula (Figure 1). Florida Fish and Wildlife Conservation Commission -3- Chapter 1: Biological Background Bald Eagle Management Plan • • • • • ti ? K « • • • ,y a Figure 1. The distribution of active bald eagle nesting territories in Florida, 2005-2006. Distribution and Population Status Historical Distribution Bald eagles formerly bred from central Alaska and the Maritime Provinces south to Baja California and Florida. It is widely believed that eagles were abundant in areas with high quality forested and aquatic habitats, both coastally and inland. In Florida, the eagle was called "abundant" (Bailey 1925) and "common" (Howell 1932) during the early 20th century. The size of Florida's historic bald eagle population is unknown but it "must have been well in excess of -4- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 1: Biological Background 1,000 nesting pairs," with numbers around Tampa Bay and Merritt Island thought to be "among the densest breeding concentrations of a large raptor known anywhere on earth" (Peterson and Robertson 1978). Population Trends The continental eagle population began to decline ? 1 during the 18th century from •? loss of breeding habitat and - p 1200 from direct persecution---more ? •L low than 128,000 bald eagles were shot in Alaska between 1917 ?. 800 and 1952 (Buehler 2000). The 600 population decline intensified C during the mid-20th century I 4W - with widespread use of DDT compounding the continuing E 200 A w losses from habitat destruction O- and direct persecution. DDT is z an organochlorine pesticide 73 76 79 82 85 88 91 94 97 00 03 06 that was widely used in agriculture and mosquito YMM control beginning in the 1940s. Widespread use of DDT was Figure 2. The number of bald eagle nesting territories in banned in the United States in Florida, 1973-2007. 1972, partially because it disrupted calcium metabolism in raptors. This calcium reduction resulted in eggshells that ruptured during incubation, causing significant and widespread reproductive failure in bald eagles and other raptors (Stahnaster 1987, Buehler 2000). Broley (1950) documented "heavy nesting failures" of eagles in Flori da, and Cruickshank (1980) wrote of their "alarming decrease" and near-extirpation as a breeding species in Brevard County after 1950. Substantial recovery of the bald eagle, continentally and in Florida, began in the 1970s, following the banning of DDT and a reduction in persecution brought on in part by passage of the U.S. Endangered Species Act of 1973. The Florida eagle population has increased greatly since statewide breeding season surveys began in 1972-1973, and especially since the early 1990s (Figure 2). The federal recovery plan for bald eagles in the southeastern states (USFWS 1989) established a "recommended recovery level" for Florida of 1,000 nesting territories, an average of 0.9 fledglings per active nest and X1.5 fledglings per successful nest, and X50% breeding productivity. Eagles in Florida have exceeded each of these parameters for the past 20 years (Nesbitt 2005). One reason for the recovery of the eagle in Florida has been the continued availability of appropriate nesting and foraging habitats, thought to be the result of adherence to management guidelines for construction activities near eagle nests (Nesbitt et al. in review). Florida Fish and Wildlife Conservation Commission -5- Chapter 1: Biological Background Bald Eagle Management Plan By 1997, Florida's bald eagle population was thought to exceed 4000 individuals, including sub- adults and other non-breeders (Buehler 2000). The increase in the breeding population appears to have slowed recently, from 1,043 nesting territories in early 1999 to 1,218 territories in early 2007 (Nesbitt 2005, Figure 2). The actual number of territories present in Florida is not known; the USFWS will conduct a survey in Florida in 2009 to determine the proportion of nests that are undetected during annual surveys. The Biological Status Report for the Bald Eagle (Sullivan et al. 2006) reported that "recent studies indicate 24% of bald eagle nests go undetected" and that "based on this correction factor, it is estimated there were 1,405 active nests in Florida in 2005." However, the analysis on which this figure was based was flawed (M. Otto, pers. comm.). A new analysis is currently being conducted at Patuxent Wildlife Research Center to develop an accurate estimate of the number of nests. The apparent slower growth of the number of bald eagle nesting territories in Florida since 1999 (Figure 2) may suggest that eagles are reaching their current carrying capacity in the state. if this is the case, then a slight population decline in the future might eventually be expected as the population adjusts to carrying capacity. However, because carrying capacity diminishes with habitat loss, it may be difficult to distinguish a decline caused by habitat loss from a decline due to an adjustment of carrying capacity. Current Distribution Bald eagles reclaimed their entire historic range by the late 1990s (Buehler 2000). Recovery in the Lower 48 states has been dramatic, increasing from an estimated 417 pairs in 1963 to an estimated 9,789 pairs by 2007 (USFWS 2007a). Bald eagles have met or exceeded the population goals established in all five regional recovery plans, and on 8 August 2007, the USFWS removed the species from the list of federally endangered and threatened species. Bald eagles were known to breed in 59 of Florida's 67 counties by 2005, the exceptions being Baker, Broward, Calhoun, Gilchrist, Holmes, Lafayette, Madison, and Nassau (Nesbitt 2005; Figure 1). Most nests are found on privately-owned lands (67% in 2003; Nesbitt et al. in review; unpublished GIS data), underscoring the importance of private lands in the conservation of eagles in Florida. The growth of the state's ;' ,Ijr?,1 eagle population during the 1990s, when the human population grew at a hi rate, shows that bald eagle populations can flourish even "i'?' when faced with development pressures, if appropriate habitat protections are in place. Concentrations of nesting territories are clustered around several significant wetland systems. The FWC has identified 16 areas of concentrated bald eagle nesting activity that contain a majority of the known nesting territories in Florida (Figure 3, Table 1). Many of these "core nesting areas" have persisted for decades, suggesting the presence of high-quality breeding and foraging habitats (Nesbitt et al. in review). These core nesting areas are located along the Gulf coast from St. Vincent Island to Lee County, and inland from the lower St. Johns River to Lake Okeechobee (Figure 3). Changes in the size, configuration, and location of these core nesting areas are monitored, and their importance to the overall population of bald eagles in Florida will be determined as new data become available. -6- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 1: Biological Background 4 15 Figure 3. Location of bald eagle core nesting areas in Florida, 20054006. These core nesting areas, which are numbered chronologically from their discovery, are found in the following sites: (1) lakes Lochloosa, Newnans, and Orange; (2) Lake George; (3) the middle St. Johns River; (4) the Kissimmee chain of lakes; (5) the Placida Peninsula; (6) the Harris chain of lakes; (7) the Lee County coast; (8) St. Vincent National Wildlife Refuge; (9) St. Marks National Wildlife Refuge; (10) the lower St. Johns River; (11) Rodman Reservoir; (12) the central Gulf coast; (13) central Polk County; (14) Lake Istokpoga; (15) northeast Lake Okeechobee; and (16) coastal Charlotte County. Table 1. The number of bald eagle nesting territories in the top 10 counties in Florida, 2004-2005. Data source is Nesbitt (2005). Coun Territories Coun Territories Osceola 113 Seminole 45 Polk 112 Lee 42 Volusia 68 Brevard 41 Lake 63 Monroe 40 Putnam 56 Alachua 39 Florida Fish and Wildlife Conservation Commission -7- Chapter 1: Biological Background Bald Eagle Management Plan Historic and Ongoing Conservation Efforts Substantial monitoring, management, and research activities have been conducted on Florida's bald eagles for more than 60 years, and many journal articles and reports have been produced. Since the 1972-1973 nesting season, all known nesting territories are monitored annually by use of aircraft to determine reproductive parameters such as territory occupancy, brood size, breeding productivity, and reproductive success. Eggs laid by eagles in Florida were used to successfully reestablish populations in other states during the 1970s and 1980s (Nesbitt and Collopy 1985). Wildlife rehabilitation centers in Florida have successfully treated and released hundreds of sick or injured bald eagles, while eagles with permanent injuries have provided opportunities for public education, lobbying, and fund-raising. Many of these conservation activities are anticipated to continue following delisting. Several federal and state laws have directly or indirectly protected bald eagles. The most important laws include the federal Migratory Bird Treaty Act, the federal Bald and Golden Eagle Protection Act, and the federal Endangered Species Act, as well as state regulations noted in this document. The bald eagle was first protected nationally in 1918 under the Migratory Bird Treaty Act (16 U.S.C. 703-711), which protected nearly all native birds and their nests. The Bald and Golden Eagle Protection Act of 1940 (16 U.S.C. 668a-668c) offered additional protection against take and disturbance of bald eagles and their nests. In 1972, the U.S. Environmental Protection Agency banned all domestic use of DDT, and this prohibition allowed bald eagle populations to recover from pesticide poisoning. The following year, the Endangered Species Act of 1973 (16 U.S.C. 1531-1544) was passed, and the bald eagle was added to the list of federally endangered and threatened species in 1978. Bald eagle nesting habitats in Florida have been protected primarily through the Endangered Species Act in accordance with habitat management guidelines in the southeastern United States (USFWS 1987). These federal guidelines created buffers around eagle nests in which activities such as development or logging were restricted. Two buffer zones were recommended: a primary zone (0 to 750-1500 feet from the nest) and a secondary zone (1,500 feet to one mile beyond the end of the primary zone). Recently, the USFWS (2007b) published new federal guidelines that recommend a buffer zone that extends up to 660 feet from the nest depending upon whether a visual screen of vegetation exists around the nest, and the presence of existing activities in the vicinity of the nest, with additional recommendations for proposed activities occurring during the nesting season. Florida also had state regulations that protected the bald eagle. The eagle was listed as threatened and therefore received protections afforded it by Rule 68A-27.004 of the Florida Administrative Code (F.A.C.), which prohibited the non-permitted take or harassment of eagles or their nests. There are local and state regulations tied to the listing category of a species. The Florida Land and Water Management Act of 1972 indirectly protected some eagle habitats by establishing two state programs: Development of Regional Impact and Area of Critical State Concern. The Area of Critical State Concern Program regulates development in areas of regional or statewide natural significance, such as Apalachicola Bay, the Green Swamp, Big Cypress Swamp, and the Florida Keys. The bald eagle is listed as a species of "greatest conservation need" in the Florida Comprehensive Wildlife Conservation Strategy (FWC 2005). This is not a legal designation but -8- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 1: Biological Background rather makes conservation work on the bald eagle eligible to receive State Wildlife Grant funds to address the need for continued management and monitoring activities. State water management districts and local governments provided additional layers of protection for bald eagles. Local regulations emphasize listed species (endangered, threatened, or species of special concern) and their habitats when considering comprehensive planning, zoning, development review, and permitting activities. Prioritization of listed species, requirements for surveys and documentation, increased buffer zones, protection of upland habitats, additional mitigation requirements, more intensive levels of review, and coordination and compliance with appropriate federal and state wildlife agencies are some of the procedures that local governments and state wildlife agencies apply to listed species. During 2006, the USFWS proposed removing the bald eagle from the list of federally endangered and threatened species, and this action was finalized in August 2007. Although the bald eagle is no longer protected under the Endangered Species Act, it is still protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The USFWS (2007b) has redefined some of the terminology included in the Bald and Golden Eagle Protection Act, which prohibits the unpermitted "take" of bald eagles, including their nests or eggs. The act defines "take" to mean to "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb" an eagle. The new defimition of "disturb" is to "agitate or bother a bald or golden eagle to the degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior" (USFWS 2007b). This management plan adopts the federal definition of "disturb" in 50 C.F.R. § 22.3 and Florida's definition of "take" in Rule 68A-1.004, F.A.C. Florida Fish and Wildlife Conservation Commission -9- Chapter 2: Threat Assessment Bald Eagle Management Plan CHAPTER 2: THREAT ASSESSMENT Reasons for Delisting In response to a petition filed in 2002, the FWC convened a panel to review the biological status of the bald eagle in Florida (Sullivan et al. 2006). The panel concluded that bald eagles in Florida did not meet the criteria for listing at any level and had not met the criteria for the previous five years. Consequently, the panel unanimously recommended that the bald eagle be removed from Florida's list of imperiled species. This decision was based on the following facts: (1) the bald eagle population occurs throughout Florida; (2) the population has not experienced extreme fluctuations in range or numbers; (3) the estimated number of adults had increased X300% during the past three eagle generations (defined here as a total of 24 years); and (4) the population is not projected to experience significant declines over the next 24 years (Sullivan et al. 2006). Present and Anticipated Threats Threats to the bald eagle in Florida include both natural and human-related causes that individually or in combination could cause reductions in reproductive or survival rates. This section highlights the most serious threats known to impact bald eagles in Florida currently, as well as a few threats that may potentially affect Florida's eagles in the future. This section emphasizes human-caused threats, which are more likely to be controlled via a management plan. Some sources of eagle mortality in Florida--natural as well as human-caused-have no clear remedy. Forrester and Spalding (2003) is an excellent reference for causes of injury and mortality to Florida's eagles. Other than intraspecific aggression, most natural mortalities probably go undetected. Human-related mortality is known from sick or injured eagles or eagle carcasses examined by the National Human Health Center, eagles brought to Audubon's Center for Birds of Prey, or other veterinary or rehabilitation centers (Forrester and Spalding 2003), as well as recent radio-telemetry studies of eagles in the wild (e.g., Millsap et al. 2004, Mojica 2006). The greatest cause of documented mortality to bald eagles in Florida during 1963-1994 was trauma, representing 59% of diagnosed mortalities (Forrester and Spalding 2003). Other causes of eagle mortality were electrocution (160/6), poisoning (10%), infectious diseases (6%), emaciation (41/6), and other (21/o). Among 182 eagle deaths from trauma, vehicle collision accounted for 44%, gunshot 10%, intraspecific aggression 7%, powerline collision 4%, six other causes accounted for a total of 9%, and the causes of 26% of deaths were unknown (Forrester and Spalding 2003). Human-caused Threats Although the bald eagle population has grown concurrently with the growth of the human population in Florida, the continued conversion of nesting or foraging habitats to development can be expected to reduce the amount and quality of eagle habitats. Some of the most intense development pressure in peninsular Florida is occurring along the shores of large inland lakes that support core nesting areas (Figure 3), such as Lake Tohopekaliga in Osceola County. -to- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 2: Threat Assessment Some eagles in Florida have shown great tolerance for nesting in suburban or urban areas--in some cases even establishing new territories in these habitats (Millsap et al. 2004). In one study, survival rates were similar for juveniles from rural and suburban nests, however mortality of those from suburban areas was almost always a result of direct or indirect human interactions while no mortality of rural birds were known to be associated with human interactions. Bald eagles raised in suburban habitats seem to become acclimated to human-related landscape features and do not regard these features with the same amount of caution that is shown by eagles raised from rural nests (Millsap et al. 2004). Nevertheless, more research is needed to determine effects of human activities in close proximity to eagle nests (Millsap et al. 2004). Bald eagles often scavenge road-kills along roadways and are therefore susceptible to being struck by vehicles. Collision with motor vehicles represents the most frequent cause of documented eagle mortality in Florida, representing 19-44% of all eagles' deaths due to trauma, 1963-1994 and 1997-2001 (Forrester and Spalding 2003, Millsap et al. 2004). Although protected from direct persecution for more than 50 years, bald eagles are occasionally still shot in Florida. Audubon's Birds of Prey Center received seven bald eagles with gunshot wounds during 2001-2006 (L. White, pers. comm.). Powerlines cause eagle mortality in two ways, by electrocution and collision. Powerlines accounted for 19% of the mortality of bald eagles in Florida during 1963-1994, with electrocution representing more than 86% of this total (Forrester and Spalding 2003). Power companies in Florida have not yet retrofitted older distribution lines with modern features to reduce the incidence of eagle electrocutions. The deaths of 19 bald eagles in Florida during 1973-1994 were attributed to lead poisoning, which usually affects eagles after they feed on waterfowl imbedded with lead shot. The use of lead shot for waterfowl hunting was banned in 1991. Pentobarbital poisoning of eagles occurs mostly at landfills, where eagles feed on the carcasses of euthanized animals, such as from a veterinary clinic or animal shelter. Forrester and Spalding (2003) discussed eight such eagle deaths in Florida, mostly at landfills. Bald eagles that breed in Florida forage heavily at landfills throughout the eastern United States, and are therefore exposed to this threat over a wide area (Millsap et al. 2004). Mercury contamination is another threat to eagles, although no known mortality has occurred (Forrester and Spalding 2003). However, the bioaccumulation of mercury in fish ingested by eagles suggests that sub-lethal effects will continue to be a potential threat. Natural Threats Bald eagles are extremely territorial when establishing or defending their nesting territories and may be badly injured or even killed during territorial battles. Intraspecific aggression accounts for 7% of documented eagle mortality in the state (Forrester and Spalding 2003). Along with food availability and inclement weather, intraspecific aggression is thought to be one of the primary regulators of eagle populations where human interactions are limited, especially in areas that are close to their carrying capacity (Buehler 2000). Mortality from intraspecific aggression may be expected to increase as Florida's eagle population approaches carrying capacity. Florida Fish and Wildlife Conservation Commission - 11 - Chapter 2: Threat Assessment Bald Eagle Management Plan Hurricanes and other severe storms can damage or blow down eagle nests or nest trees, and storms that occur during the eagle nesting season can break eggs or kill nestlings. Forrester and Spalding (2003) detail several instances of storm-related mortality of bald eagles in Florida. Nesbitt (2005) determined that more than one-third of all eagle nesting territories monitored in Florida during 2004-2005 were within the paths of Hurricanes Charley, Frances, and Jeanne. Although there was significant local damage (e.g., five of the six nests in Desoto County were destroyed), overall effects of the storms were minimal. Fewer than 10% of the nests within the paths of the storms showed any lasting impacts, and most destroyed nests were rebuilt in the same or a nearby tree within weeks (Nesbitt 2005). Nevertheless, the loss of trees large enough to support eagle nests may cause local shortages of nesting sites in developed areas, where such trees may be scarce. Meteorologists are warning that we have recently entered a 25- to 50-year cycle of greater hurricane activity and intensity (Landsea et al. 1996), and, coupled with anticipated longer-term climate change associated with global warming (McCarthy et al. 2001), inclement weather may in the future have a greater impact on Florida's bald eagle population. Forrester and Spalding (2003) list 112 diseases or parasites that have been found on or in the bodies of bald eagles in Florida. Most parasites are not lethal, but several infectious diseases have been implicated in the deaths of bald eagles. One suburban-raised eagle fledgling from Florida died from a chlamydial infection that was most likely transmitted by non-native monk parakeets (Myiopsitta monachus) that built their nest at the bottom of the eagle's nest (Millsap et al. 2004). Avian vacuolar myelinopathy (AVM) is a recently discovered neurological disease that attacked bald eagles and American coots in Arkansas during 1994. It has since been implicated in more than 100 bald eagle deaths in Georgia, North Carolina, and South Carolina (Wilde et al. 2005). AVM has yet to be detected in Florida, but it may eventually spread here, or Florida's eagles may contract the disease while summering out of state. West Nile virus colonized much of the continental United States within a few years of its discovery in 1999, and has been documented in 285 species of birds in North America, including bald eagles (Centers for Disease Control and Prevention 2006). However, the degree to which West Nile virus is a threat to Florida's eagles is unknown. Likewise, avian influenza is another potential threat to Florida's eagles. -12- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 3: Conservation Goal and Objectives CHAPTER 3: CONSERVATION GOAL AND OBJECTIVES Conservation Goal The goal of this management plan is to establish conservation actions that will maintain a stable or increasing population of bald eagles in Florida in perpetuity. To achieve this goal, a decline of 10% of the number of eagle nesting territories in Florida over a period of 24 years (three eagle generations) must be prevented through science-based management, regulations, public education, and law enforcement. The FWC anticipates that without continued protection of eagle nesting habitats, the number of nesting territories in ?, ;. Florida could decline by 10% or more over the next 24 years, which could trigger a relisting effort. The FWC has therefore set a conservation goal for baldi Fes' eagles that is higher than the minimum threshold to IIIh . u avoid a need for relisting. Conservation Objectives Conservation objectives are benchmarks used to measure progress toward the conservation goal. The following conservation objectives have been met or exceeded in Florida, and maintaining these objectives will help to ensure that the conservation goal is sustained. Annual nest surveys conducted by FWC biologists since 1972 provide the data used to establish the following objectives. Determining annual reproductive success will provide the information needed to monitor the population and to measure the success of the objectives. The FWC listing process has five criteria three based on population size or trend, one on geographic range, and one on quantitative analysis of the probability of extinction (see Sullivan et al. 2006). The first three conservation objectives below provide a means by which changes in population size or trend can be detected, while the fourth objective is intended to ensure that the bald eagle maintains its current geographic distribution. Maintaining a stable or increasing population of eagles throughout their current distribution will ensure a healthy bald eagle population in Florida, and will prevent the need to relist eagles under FWC's imperiled-species regulations. The following conservation objectives will be calculated annually from five-year running averages, beginning with data collected during the period 2002--2006. We use five-year averages to avoid the possibility that one or two years of poor reproductive success might trigger a relisting effort. These numbers are subject to revision based on changes in monitoring data and/or methods. 1. Maintain a minimum of 1020 active territories per year over the next 24 years (Le., through 2032). ?Zll' '7 The listing criterion that seems most likely to trigger a ? ? Th future listing petition for the bald eagle in Florida is Criterion C: Small Population with Compounding Problems. To trigger this criterion, a species must be below the threshold of 10,000 mature individuals and must meet one of two possible sub-criteria, more likely sub-criterion C1 (a 10% decline over three generations). The Biological Status Report for the Bald Eagle (Sullivan et al. 2006) Florida Fish and Wildlife Conservation Commission -13- Chapter 3: Conservation Goal and Objectives Bald Eagle Management Plan defined 8-12 years as the length of one bald eagle generation. The FWC believes that it is acceptable to use eight years as the generation length, as this number is compatible with USFWS's Draft Post-delisting Monitoring Plan (2007c). The Biological Status Report estimated that the population in Florida numbered 3,372 mature individuals during 2005. That same year, there were 1,133 active bald eagle nesting territories in the state (Nesbitt 2005), so Florida must maintain a breeding population of X1020 nesting territories (i.e., 90% of 1,133) to avoid triggering sub-criterion C1 of the listing process. 2. Maintain an average of 68% of the active territories producing ?1 nestling per year. Because bald eagles require 4-5 years to reach sexual maturity, it is important to monitor breeding productivity to determine potential future impacts to the population. A decrease in reproduction may provide an early warning for a pending population decline. The value of 68% represents the current five-year average of bald eagle nesting territories in Florida producing ?1 nestling per year. As it appears that the eagle population has slowed its increase since 2000, it is appropriate to use the most recent five-year average available (2002-2006) of breeding productivity as the benchmark, since this level has resulted in an apparently stable population. 3. Maintain an average reproductive success of ?1.5 fledglings per active nest over five years. Since FWC surveys began in 1972, reproductive success of bald eagles in Florida has averaged 1.54 fledglings per active nest. Five-year running averages were calculated for all survey years, and fledgling production never dropped below 1.5 fledglings per nest, so this number was chosen to ensure a stable population. 4. Maintain the current area of occupancy (770 miz) and extent of occurrence (52,979 mi) of bald eagles statewide. Maintaining the current area of occupancy and extent of occurrence of bald eagles statewide will help maintain a stable or increasing population. Further, the Biological Status Report (Sullivan et al. 2006) indicated that bald eagles in Florida may be near the threshold for listing as a species of special concern, based on which figure is used for the Area of Occupancy. While this criterion can be triggered only in combination with two sub-criteria, the FWC believes that the prudent benchmark is to maintain an area of occupancy in excess of the threshold, as calculated in the Biological Status Report (Sullivan et al. 2006). -14- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Private Lands Incentives Private lands play an important role in the long-term conservation of bald eagles in Florida, currently supporting about 67% of all currently known nests. To promote the enhancement of bald eagles and eagle habitats on private lands in Florida, the FWC will: 1. Inform private landowners of existing land-use incentive programs. Incentive programs that can be used to promote conservation of bald eagles are listed in Table 2 (following page). FWC staff will work with owners of private lands who wish to manage their lands for the benefit of bald eagles to determine the most appropriate incentive programs. 2. Inform private landowners of opportunities to sell conservation easements around bald eagle nests on their properties. A developer whose activity is not conducted consistent with the FWC Eagle Management Guidelines (page 23) may elect to purchase a conservation easement around an eagle nest offsite or other suitable bald eagle habitat as a conservation measure. This action will provide another landowner the opportunity to be compensated for permanently conserving a bald eagle nest or nesting habitat. 3. Work with local governments to encourage expedited permit-review and/or reduced development-review fees in exchange for voluntarily following the FWC Eagle Management Guidelines. The FWC recommends that developers who voluntarily avoid potential disturbance of bald eagles by following the FWC Eagle Management Guidelines be granted financial incentives or expedited project review. This recommendation will require the cooperation of local governments. Florida Fish and Wildlife Conservation Commission -17- Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Law Enforcement The FWC's Division of Law Enforcement, in conjunction with federal, state, and local partners, is responsible for enforcing Florida's wildlife and fisheries laws. From 2003 through 2006, FWC officers responded to more than 400 incidents involving bald eagles, and this effort will not diminish upon delisting. Efforts to protect bald eagles include the following actions: patrolling areas where eagles and eagle nests occur; responding to calls of illegal activity in progress; investigating reports of illegal activity; documenting and referring illegal acts for prosecution; picking up sick or injured eagles for transport to rehabilitation facilities; retrieving and storing carcasses of non-evidentiary eagles; and providing proactive, public guidance about bald eagle conservation. One of the most important components of the enforcement N; strategy is ensuring compliance through education. The 1: 4 FWC's law enforcement officers understand the importance of explaining wildlife laws to the public to , law avoid unintentional violations. However FWC enforcement officers actively pursue and refer for intentionally violate wildlife laws. prosecution those who The FWC law enforcement officers also educate the public on how to identify and report violations. The FWC's Division of Law Enforcement administers the Wildlife Alert program, which receives information via a toll-free number (1-888-404-3922) that is answered 24 hours a day, seven days a week. Cash rewards are offered to callers who provide information about any illegal activity that results in an arrest. Callers may remain anonymous and are not required to testify in court. The FWC law enforcement officers and USFWS special agents partner to protect Florida's wildlife and fisheries resources via a Cooperative Law Enforcement Agreement. This Agreement grants FWC officers the authority to enforce federal laws, including the Bald and Golden Eagle Protection Act. Additionally, FAC 68A-13.002 adopts the federal Migratory Bird Treaty Act as state law and applies state penalties for violations. The FWC officers provide most of the routine patrol of eagle habitats and nests. Agents from USFWS and FWC often jointly investigate wildlife violations to decide whether to prosecute in state or federal court. Proposed Regulations Even though the FWC proposes to remove the bald eagle from the state's list of imperiled species under Rule 68A-27.004 (F.A.C.), management of bald eagles remains important to maintain the recovered status of the species. The FWC will gradually modify protections and conservation, measures, if population trends warrant such actions, while monitoring the impacts of these actions. Management guidelines established for bald eagles by the U.S. Fish and Wildlife Service (1987) consisted primarily of recommending that buffer zones be established around active and alternate eagle nests, and then providing biological opinions and technical assistance under provisions of Section 7 of the Endangered Species Act regarding land-use activities within these zones. These Florida Fish and Wildlife Conservation Commission _19- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan buffer zones were effective in assuring that development activities did not significantly affect nesting eagles in Florida. When reproductive success was compared between rural eagle nests and nests subject to regulated development (recommendations were followed within 750 feet of the nest), no differences were detected, regardless of whether the development was residential or commercial (Nesbitt et al. 1993). This study demonstrates that when management guidelines were followed, bald eagle nesting was not significantly affected, and therefore the 750-foot buffer zone around eagle nests was considered effective and sufficient for minimizing the effects of development. Two other reviews of eagle nests in Florida have suggested that occupation rates of nests by eagles did not change following construction activities (T. Logan, S. Godley, pers. comm.). Nevertheless, observations by others have suggested that eagles have been substantially affected by construction activities (L. White, pers. comm.). The National Bald Eagle Management Guidelines (USFWS 2007b) recommend the establishment of a single buffer zone 660 feet or less from the nest, depending on the presence or absence of existing activities (of "similar scope") and the visibility of the activity from the nest. The guidelines also recommend minimization measures to reduce the potential for human activities to affect nesting bald eagles. When the bald eagle was listed by the USFWS as threatened, the recommended buffers around bald eagle nests were larger than those now adopted under the National Bald Eagle Management Guidelines (USFWS 2007b). The Southeastern Bald Eagle Habitat Management Guidelines (USFWS 1987) recommended against most activities within 750 feet of an active or alternate bald eagle nest (the primary zone), and added a suite of seasonal recommendations for activities up to 1,500 feet (the secondary zone). The USFWS and FWC have approved the installation of infrastructure and external residential/commercial construction within the secondary zone (750-1,500 feet) of bald eagle nests during the nesting season in Florida since the mid-1990s, with the provision that monitoring be conducted to evaluate the response of the eagles to authorized activities. These joint monitoring guidelines were formalized in 2002 to ensure that nest monitoring was conducted consistently, and to serve as a database for evaluating the ongoing and future changes in management recommendations. Results of this monitoring indicate that actions that occurred in the secondary zone were not likely to have a direct negative impact on bald eagles. The Bald Eagle Monitoring Guidelines subsequently were modified on three occasions to obtain data used to evaluate eagles' response to the revised buffer-zone distances already implemented in Florida and incorporated into the National Bald Eagle Management Guidelines (USFWS 2007b) and to reflect current USFWS policy and regulatory changes in Florida. Initial review of the information in these more recent monitoring reports suggests the current USFWS guidelines are appropriate. Some bald eagle pairs in Florida tolerate disturbance much closer than 660 feet from the nest, and the behavior of eagles nesting close to or within developed areas seems to be increasing in Florida. Bald eagle use of urban areas is a relatively new event, and the long-term stability of urban eagle territories has not been documented fully. Although some eagles have demonstrated tolerance for intensive human activity, this does not mean that all eagles will do so (Millsap et al. 2004). A minimum of five years of post-impact data is needed to study the long-term effects of development within regulated nest buffer zones (Nesbitt et al. 1993). Both studies described above (Nesbitt et al. 1993, Millsap et al. 2004) recommended retaining buffer zones around bald -20- Florida Fish and Wildlife Conservation Commission Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan Permitting Framework April 2008 To advance the conservation goal and objectives of this i " management plan, the proposed regulations listed above and this Permitting Framework are intended to assrst . or minimize the potential for certain land-use planning to actions to disturb or "take" nesting bald eagles. This Permitting Framework clarifies (1) those activities that are not likely to result in a "take" or disturbance of bald eagles, and (2) those activities for which permits are available to assure compliance with the rules. A FWC Eagle Permit is not required to conduct any particular activity occurring near a bald eagle nest, but such a permit may be necessary to avoid liability for "take" or disturbance caused by the activity. Because the rule standard for any permit issued is "would advance the management plan goal and objectives", this section establishes criteria that meet the standard. This Permitting Framework and the FWC Eagle Management Guidelines, contained herein should be used together. Individuals who cannot follow the Guidelines and want to avoid liability for a possible disturbance or take can apply for a permit. A FWC Eagle Permit can only be issued when acceptable minimization and conservation measures are provided as permit conditions. The FWC intends for this management plan to be compatible with the USFWS Bald and Golden Eagle Protection Act (BGEPA) and the associated National Bald Eagle Management Guidelines (USFWS 2007b). The FWC will work with the USFWS to implement a single permit framework for bald eagles. The FWC is already coordinating with the USFWS on an agreement that will clarify under what circumstances federal authorization will be required to conduct activities that cannot be conducted consistent with the Bald and Golden Eagle Protection Act. Development of such an agreement will take time in part because the USFWS has not yet developed a draft permitting framework under BGEPA. Additionally, as new information becomes available on the effectiveness of the proposed conservation measures, this permitting framework may be revised. Changes to this Permitting Framework section will require stakeholder involvement and Commission approval. Any change in policy, including any revisions to this Permitting Framework, will be posted to the FWC website <htto://www,mvfwc.com>, after consultation with stakeholders and the public and upon approval by the Commission. Unless otherwise specified, this section provides guidelines for activities that occur within 660 feet of any active or alternate bald eagle nest. The framework does not apply to lost or abandoned nests. An active nest shows evidence of breeding by a bald eagle pair during the current or most recent nesting season. An alternate nest has been used for nesting during the past five nesting seasons, but was not used during the current or most recent nesting season. An abandoned nest has not been used for nesting for more than five consecutive nesting seasons. The recommendations in the FWC Eagle Management Guidelines (below) no longer apply to abandoned nests, but the nest itself cannot be altered. A nest is considered lost if the nest tree is destroyed, or if the nest is destroyed by natural causes and is not rebuilt in the same tree within two nesting seasons. The USFWS (2006b) recommends protecting lost nests for three years, but the FWC uses a two-breeding-season period because this duration has been in place in Florida for several years. Future research on nest reactivation may provide information to justify revising these recommended protection periods. -22- Florida Fish and Wildlife Conservation Commission Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan widm 660 &1 NO No Permit Ntd; No ?oM 'II NesftSeasoii, .' Non-Too Season (1 th 5! Iay)* .. (16 May 30 Sep)* ! Acovities <330 bet atho Nest 330-40 p f ? Per I E 71 Follow Guidelines Fad No Activity Permitted or Follow 'Crud alines Or Apply for Permit Figure 4. Process map for determining whether or not a FWC Eagle Permit would be recommended for a proposed activity near a bald eagle nest. For ongoing activities that are conducted at the historic rate, or for activities that may fall under similar scope to existing actvities, refer to the FWC Eagle Management Guidelines for more detail. * Unless nestlings fledge before or after these dates. -24- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions The bald eagle nesting season is 1 October-15 May unless the young fledge before or after 15 May. The following sections identify activities that should not occur within 660 feet of a bald eagle nest during the nesting season unless monitoring is conducted. Nest monitoring must follow the protocol outlined in the Bald Eagle Monitoring Guidelines (USFWS 2007d), or subsequent versions. A. FWC Eagle Management Guidelines (Activities That Do Not Require a FWC Eagle Permit) Activities that can be undertaken consistent with the FWC Eagle Management Guidelines do not require a FWC Eagle Permit. A process map (Figure 4) clarifies when application for a permit is recommended. Activities that do not require a permit include (1) those conducted at any time more than 660 feet from an eagle nest, (2) any temporary activity (defined below) conducted at any distance from a nest outside the nesting season, or (3) any activity conducted consistent with the FWC Eagle Management Guidelines. 660, The FWC recommends that the FWC Eagle Management Guidelines be followed unless a permit is issued. The FWC will not issue citations to or seek prosecution of persons whose activities are conducted consistent with the 1~ WC Eagle Management Guidelines, even if the activity results ,i "take" or disturbance of bald eagles. If it is in a unclear whether a proposed activity can be undertaken consistent with the FWC Eagle Management Guidelines, then the local FWC ; fs nongame biologist should be contacted ,i regional 01, chttp://myfwc.com/Contact/regnoffe.htm> for guidance. Florida Fish and Wildlife Conservation Commission -23- Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions eagle nests. Therefore, the conservation of active or alternate bald eagle nests and the retention of recommended buffer zones (USFWS 2007b) are recommended to sustain the bald eagle population in Florida at or above its current level. To better organize existing rules and to provide a location for eagle-specific rules, the FWC proposes to establish a new section within F.A.C. Chapter 68A for nongame birds (Rules Relating to Birds. F.A.C. 68A-16). Currently there are specific sections of Chapter 68A that regulate the "take" of game species, freshwater fish, fur-bearing animals, reptiles, amphibians, and many saltwater species. F.A.C. 68A-16 will create one location for existing rules pertaining to all non-listed, nongame birds. The FWC proposes moving F.A.C. 68A-13.002, "Migratory Birds; Adoption of Federal Statutes and Regulations," to this new section (Rules Relating to Birds. F.A.C. 68A-16.001). A review of current FWC rules will likely identify other rules that should be moved to this new section. Other than the eagle specific rule proposed below, the FWC is not proposing any new rules, only the reorganization of existing rules. One rule change is necessary to implement the removal of the bald eagle from the list of threatened species (68A-27.004 F.A.C.). This management plan recommends that 68A-27.004 F.A.C. be amended by removing the bald eagle from the list simultaneously with the addition of the bald eagle rule language proposed below. Following is draft language for a proposed Florida regulation to protect bald eagles: F.A.C. 68A-16.002 Bald Eagle (Hahaeetus leucocephalus). (1) No person shall take, feed, disturb, possess, sell, purchase or barter, or attempt to engage in any such conduct, any bald eagle or parts thereof, or their nests or eggs, except: (a) As authorized from the executive director by specific permit, which will be issued based upon whether the permit would advance the management plan goal and objectives; (b) When such conduct is consistent with the FWC Eagle Management Guidelines; (c) When such conduct is consistent with a previously issued permit, exemption, or authorization issued by the FWC under imperiled species regulations (Chapter 68A-27, F.A.C.) or by the USFWS under the Endangered Species Act (U.S.C. 1531 et seq.) (2) For purposes of this section, the term "disturb" is defined as, "To agitate or bother a bald eagle to the degree that causes, or is likely to cause (a) injury to an eagle, (b) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (c) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." (3) On public land, it is unlawful for any person to knowingly enter any area posted as closed for the protection of bald eagles, their nests, or their nest trees, except the staff or authorized agents of the managing public entity for that area, or as authorized pursuant to subsection 1. (4) The section of the Bald Eagle Management Plan entitled "Permitting Framework April 2008," which includes the FWC Eagle Management Guidelines, is incorporated herein by reference. Florida Fish and Wildlife Conservation Commission -21- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan Table 2. Landowner assistance programs that may be used to promote the conservation of bald eagles in Florida. Program Description Contact Common Species Administered by FWC. Improves wildlife FWC Habitat Common (CSC) habitat by focusing conservation on high- Conservation priority habitats outlined in FWC's Scientific Services Comprehensive Wildlife Conservation (HCSS) biologist* Strategy. Conservation Administered by U.S. Department of Local FSA office Reserve Program Agriculture's (USDA) Farm Service through the nearest (CRP) Agency (FSA). Provides annual payments USDA center and cost-share assistance to establish long- term, resource-conserving landcover on eligible farmland. Environmental Administered by USDA's Natural USDA district Quality Incentives Resources Conservation Service (NRCS). conservationist Program (EQIP) Provides technical assistance and up to 50% of the cost to farmers and ranchers who face threats to soil, water, air, or natural resources. Forest Stewardship Administered by FWC. Helps landowners to Local forester or a Program (FSP) increase the economic value of their HCSS biologist forestland while maintaining its environ- mental integrity. Stewardship is based on the multiple-use land strategy. Partners for Fish and Administered by USFWS. Provides HCSS biologist Wildlife Program technical assistance and up to 50% of the (PFW) cost-sharing to landowners who conduct habitat restoration or improvement activities on their lands. The focus in Florida is on restoration of native habitats, restoration of degraded streams or other wetlands, and eradication of exoticspecies. Wetlands Reserve Administered by NRCS. Provides technical USDA district Program (WRP) and financial assistance to restore wetlands conservationist and urchase conservation easements. Wildlife Habitat Administered by MRCS. Provides technical USDA district Incentives Program assistance and up to 75% of the cost-sharing conservationist WHIP to establish or improve wildlife habitat. * Regional HCSS biologists can be contacted through FWC's regional offices; <hgp://myfwc.com/Contact/reooffc.htm>. -18- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions CHAPTER 4: RECOMMENDED CONSERVATION ACTIONS Strategies to Achieve the Conservation Objectives This chapter describes the strategies to be undertaken to maintain Florida's bald eagle population at or above the levels specified by the conservation objectives. Virtually all of the conservation actions address each of the objectives. These actions are best accomplished by using an adaptive management approach that allows for adjustments to policies, guidelines, and techniques based on science and observed responses to implemented conservation measures. New biological information will be used to adjust bald eagle conservation actions as it becomes available. The FWC will monitor the eagle population and will study the effects of human activities near eagle nests. Results of this research will be evaluated and the FWC will propose adjustments in regulations, minimization, and conservation measures as appropriate. Any substantive changes to FWC policies or guidelines will be made with stakeholder involvement and Commission approval. Habitat Management This management plan relies in part on the ability of public lands to support bald eagles. Currently, approximately 33% of all known bald eagle nests in Florida occur on public lands (Sullivan et al. 2006, Nesbitt et ad. in review). Public lands provide a high level of security for wildlife because of statutory provisions for long-term management funding and for guiding habitat management on those lands (Florida Statutes 259.105 and 259.032). 41 The FWC encourages land management practices that benefit bald eagles by decreasing the risk of catastrophic wildfire, by maintaining healthy forests, and by providing suitable nest trees. These management practices include the q, + use of prescribed fire, removal of exotic species, reduction , of excess fuel loads, thinning of overstocked stands, replanting with native species (primarily pines), and uneven-aged timber management. Retaining large-diameter 14 native pines will ensure that suitable potential nest trees may be available in the future. All of these land-management activities should use the appropriate protections outlined in the Permitting Framework. The FWC recommends siting high-impact recreational activities away from any active or alternate bald eagle nest and restricting activity and/or posting signs during the nesting season, where appropriate. The FWC will provide to managers of Florida's public lands the resources to identify bald eagle nests on lands they manage. The FWC will also provide technical assistance in managing habitats within nest buffers, and will ensure that future Conceptual Management Plans of lands managed by FWC include a component that follows recommended management practices of habitats surrounding bald eagle nests. Florida Fish and Wildlife Conservation Commission -15- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan Nesting Habitat The USFWS (2007b) Bald Eagle Management Guidelines help the public comply with the Bald and Golden Eagle Protection Act by avoiding activities that disturb bald eagles. These federal guidelines serve as the basis for the FWC Habitat Management Guidelines recommended in this management plan to ensure compliance with Florida wildlife laws concerning bald eagles (see Permitting Framework), and to minimize potentially harmful activities conducted within 660 feet of active or alternate bald eagle nests. In addition, the FWC recommends that nesting habitat be managed as described in the preceding section on habitat management. Foraying Habitat Aquatic habitats that support fish and waterfowl are essential to maintaining healthy prey populations for bald eagles. The FWC monitors and manages freshwater habitats and fish populations in more than one million acres of lakes, rivers, and streams, and provides funding to restore and enhance these habitats. Several federal and state agencies in Florida work together to maintain quality aquatic habitats. The U.S. Environmental Protection Agency, Florida Department of Environmental Protection (DEP) and the five water management districts monitor and regulate water quality (nutrient input) and quantity (minimum flows and levels) to maintain healthy conditions for aquatic plants, fish, and other wildlife. The FWC and DEP also work together to monitor, restore, and control aquatic plants through permit reviews, chemical, mechanical, or biological control of invasive exotic species, and through enhancement projects to improve habitats for fish and other wildlife. These combined habitat management efforts are expected to provide suitable eagle foraging habitats in Florida in perpetuity. Bald eagles frequently feed at landfills, and some eagles have been killed by secondary pentobarbital poisoning from feeding on carcasses of euthanized animals. For this reason, it is imperative to incinerate or quickly bury the bodies of euthanized animals. Land Acquisition Continued acquisition of private lands is one of several strategies for preserving bald eagle habitats in Florida. Approximately 28% of Florida's land area is publicly owned or protected under perpetual conservation easements, and these lands support about 33% of the bald eagle nests in the state. Conservation easements can be used to set aside private lands from future development and are an important component of the conservation of bald eagles. The FWC, local governments, other state agencies, and private organizations acquire habitat through a variety of programs. The FWC will support legislation as part of the Florida Forever successor program to allocate sufficient funds necessary to acquire and manage suitable or potentially suitable habitat for imperiled species and bald eagles. Acquiring, managing, and restoring additional lands that support bald eagle habitats should remain a state priority so long as the acquisitions are compatible with priorities for imperiled species. -16- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Existing Uses Within 660 Feet of an Eagle Nest.-Eagles are , not likely to be disturbed by routine use of roads, homes and ?+i:' other infrastructure, routine agricultural operations, or pre- exYStrng vegetation management of linear utilities occurring within. 660 feet of an active or alternate bald eagle nest. l''I Therefore, in most cases, existing activities of the same degree ("similar scope") may continue with little risk of disturbing nesting bald eagles and a FWC Eagle permit is not needed. However, some intermittent, occasional, or irregular activities may disturb eagles. For example, activities associated with auctions, field dog trials, or other sporting events may disturb a pair of bald eagles even though the events have been held at the same location for several years. In such situations, the activity should be adjusted or relocated to minimize potential disturbance to the eagles. Any artificial structure that contains a bald eagle nest may be maintained, repaired, or upgraded when conducted consistent with the guidelines if: (1) the work will not remove or substantially alter the nest to the extent that further use for nesting is affected; and (2) the work is conducted outside the nesting season or when nest monitoring in accordance with the Bald Eagle Monitoring Guidelines (2007d) documents that the nest is not being used by eagles when the work occurs. New Activities Proposed Within 660 Feet of an Eagle Nest:--The FWC Eagle Management Guidelines provided here describe measures to avoid disturbing bald eagles caused by new activities. To determine if an activity can be conducted consistent with these Guidelines, the FWC proposes to design a system to provide voluntary, self-service technical assistance through a web-based format. This format will provide data that will assist the FWC in evaluating the effectiveness of current rules and Guidelines. If proposed activities cannot be conducted consistent with the FWC Eagle Management Guidelines, then the local FWC regional nongame biologist should be contacted for guidance. + ! Z ' YI The buffer zones around eagle nests that are provided in this section are based on those recommended in the National Bald Eagle Management Guidelines (USFWS 2007b). A distance of 1,500 feet is used to evaluate the degree to which a nesting pair of bald eagles has been exposed to human-related activities (Table 3). The National Bald Eagle Management Guidelines (USFWS 2007b) use a distance of one mile from the nest to evaluate this distance, but the FWC uses 1,500 feet because this distance has been used in Florida for several years. Recommendations for nests that are distant from human activities are subject to larger buffer zones (660 feet) because eagles in these nests are more likely to be disturbed by activities near the nest. Florida Fish and Wildlife Conservation Commission -25- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan Activities that may disturb nesting bald eagles are divided into nine categories (A-I) based on their nature and magnitude: Category A Building construction of one or two stories, and with a project footprint of X0.5 acre; • Construction of roads, trails, canals, powerlines, or other linear utilities; New or expanded agriculture or aquaculture operations; Alteration of shorelines, aquatic habitat, or other wetlands; • Installation of docks or moorings; Water impoundment. Category B • Building construction of one or two stories, and with a project footprint of X0.5 acre; • Building construction of three or more stories; • Installation or expansion of marinas with a capacity of six or more boats; • Mining; • Oil or natural gas drilling or refining. Table 3. The minimum allowed distances from an active or alternate bald eagle nest that a Category A or Category B activity can occur without the need for a FWC bald eagle permit. Activities proposed to occur closer to an eagle nest than the distances designated here should apply for a FWC Eagle Permit. No Similar activity within 1,500 feet o the nest Similar activity closer than 1,500 feet from the nest There is no Categories A and B: 660 feet. Categories A and B: 660 feet, or as visual buffer close as existing activities of similar between the scope. nest and the activity There is a Category A: 330 feet. Categories A and B: visual buffer Site work and exterior construction 330 feet, or as close as existing between the between 330-660 feet should be activity of similar scope. Site work nest and the conducted outside the nesting season and exterior construction between activity unless the Bald Eagle Monitoring 330-660 feet should be performed Guidelines (USFWS 2007d) are outside the nesting season. followed. Category B: 660 feet. -26- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions For projects in categories A or B, exterior construction activities and site work within 330 feet of an active or alternate bald eagle nest should be conducted during the non-nesting season (16 May--30 September). Site work and exterior construction activities between 330 and 660 feet from the nest may be conducted during the nesting season when the Bald Eagle Monitoring Guidelines (USFWS 2007d) are followed. The use of dump trucks within 660 feet of an eagle nest should occur during the nesting season only when the Bald Eagle Monitoring Guidelines (USFWS 2007d) are followed. Minimize noise and human activity associated with interior construction during the nesting season. Construction activities may occur during the nesting season if nest monitoring, following the Bald Eagle Monitoring Guidelines (USFWS 2007d), confirms that eagles have not returned to the nest by I October, or that nestlings have fledged before 15 May. In either situation, the regional FWC nongame biologist should be notified. Managers of any project that follows these guidelines and use nest monitoring to allow construction within 660 feet during the nesting season must provide monitoring reports to the FWC. In addition to ensuring that the eagles are not disturbed while nesting, this will also provide data to analyze the appropriateness of the protective measures. Category C. Land Management Practices, including Forestry Certain land management practices benefit bald eagles and their habitats. Land management practices that retain old- growth native pines and that decrease the risk of catastrophic wildfire or an outbreak of timber disease are recommended. However, some management practices could "take" or disturb nesting bald eagles. A FWC Eagle Permit is not needed for land management practices occurring near an active or alternate bald eagle nest when undertaken consistent with the following guidelines. s ,. • Avoid clear-cutting within 330 feet of the nest at any time. This restriction may be lifted outside the nesting season for emergency provisions, such as to control disease outbreak or an insect infestation, especially when the health of the nest tree may be at risk. The regional FWC nongame biologist should be notified prior to initiating any emergency activities within 330 feet of the nest. • Avoid construction of log transfer facilities and in-water log storage areas within 330 feet of the nest. Use of any existing road may continue at the historic rate, but avoid routing logging traffic within 330 feet of an active nest during the nesting season. • Avoid timber harvesting, replanting, or other silvicultural operations, including road construction and chain saw and yarding operations, within 660 feet of the nest tree during the nesting season. If the Nest Monitoring Guidelines (USFWS 2007d) are applied, then activities between 330 and 660 feet may be allowed during the nesting season. If nest monitoring confirms that the nest is inactive, then the seasonal restrictions would not Florida Fish and Wildlife Conservation Commission -27- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan apply. Selectively thin to retain at least 50% of the total canopy and the largest native pines within 660 feet of the nest. Take precautions to protect the nest tree. • Prescribed burning within. 330 feet of the nest or the installation or maintenance of firelines within 660 feet of the nest should be undertaken outside the nesting season. Precautions such as hand-raking of leaf litter and hand removal of excess fuel loads near the nest tree should be taken to decrease the threat of crown fire or fire climbing the nest tree, but these actions should not occur when eagles are present. If it is determined that a burn during the eagle nesting season would be beneficial, then these activities must be conducted when eagles are absent (e.g., before eggs are laid or after the young have fledged). When appropriate to reduce fuel loads, land managers should consider mechanical treatment of the area within 330 feet outside the nesting season to allow for a safer growing-season burn. Smoke screening should be implemented to avoid impacting an active nest. • Contact the regional FWC biologist if the use of heavy equipment within 50 feet of the nest tree is planned for an activity. Category D: Agriculture and Linear Utilities (Existing Operations) No buffer is necessary outside the nesting season. During the nesting season, routine agriculture or linear utility vegetation management are not anticipated to result in disturbance as long as those activities are conducted consistent with these guidelines (also see "Existing Uses Within 660 of an Eagle Nest"). For new or expanded agricultural operations, see Category A. Category E. Off-road Vehicles No buffer is necessary outside the nesting season. During the nesting season, off-road vehicles should not be operated within 330 feet of the nest or within 660 feet where visibility and exposure to noise are increased. Category F. Motorized Watercraft No buffer is necessary outside the nesting season. During the nesting season, loud vessels and concentrations of vessels (e.g., commercial fishing boats or tour boats) should not be operated within 660 feet of the nest. Other motorized boat traffic within 330 feet of the nest should be minimized, and stopping should be avoided. Category G. Non-motorized Recreation such as Hiking, Camping, Birding, Fishing, Hunting, or Canoeing No buffer is necessary outside the nesting season. Activities visible or highly audible from the nest should not occur within 330 feet of the nest during the nesting season. .s ?.' it `iw??!f -28- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Category H. Aircraft (Including Helicopters) No buffer is necessary outside the nesting season. During the nesting season, aircraft should not be intentionally operated within 1,000 vertical or horizontal feet of an eagle nest, except for authorized biologists trained in survey techniques and aircraft at airports or operating in prescribed landing and departure patterns. This guidance also does not apply to through-flights operating within FAA rules that unintentionally encounter eagle nests, but rather to intentional harassment of nests and eagles such as repeated passes of a nest for sight-seeing. Category I. Blasting or Other Loud, Intermittent Noises No buffer is necessary outside the nesting season for blasting activities that do not alter the landscape. During the nesting season, no blasting should occur within 660 feet of an active nest. Loud noises (including Class B fireworks) or blasting activities that alter the landscape within 660 of the nest should not occur during the nesting season, except where eagles have demonstrated tolerance for such activity. B. Activities That Do Not Require a FWC Eagle Permit if Federally Authorized In 2007, the USFWS proposed a draft permitting process under the Bald and Golden Eagle Protection Act. Because the FWC seeks to avoid duplication of effort, then the following actions permitted by USFWS will not need a FWC bald eagle permit provided that the federal permit is available for inspection while the permitted activity is being conducted. If federal rules defer to states or require proof of state authorization, then the actions listed below may need to be reevaluated. Modifications within the buffer zone of a lost nest.-The FWC Eagle Management Guidelines prescribe protection buffers for lost nests for two consecutive nesting seasons. If federal authorization in the form of a "take" permit is obtained for an activity within the recommended buffer of a naturally-destroyed bald eagle nest prior to the nest being declared lost (i. e., prior to two nesting seasons post-destruction), then no state permit will be required. Once a nest meets the definition of lost (see Glossary, p. ix: has been missing for more than two consecutive nesting seasons), then the buffer zone no longer applies, and therefore no eagle permit is necessary. 2. Destruction of a bald eagle nest.- Notwithstanding anything to the contrary herein, no state permit is needed if a federal "take" permit is obtained to destroy an abandoned nest. 3. Previously permitted projects.-The FWC will not refer the "'take" of a bald eagle or parts thereof, or its nests or eggs, for prosecution if such "take" is in compliance with the terms and conditions of any USFWS bald eagle Technical Assistance Letter or any Biological Opinion or Incidental Take Permit issued under Sections 7 or 10 of the Endangered Species Act of 1973, as amended. Such letters, opinions, and permits shall serve as state authorization provided that the authorizations are issued prior to the effective date of the proposed state bald eagle rule, and that the FWC is provided with a copy of the federal authorization upon request. Florida Fish and Wildlife Conservation Commission -29- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan 4. Salvage: Federal authorization to handle bald eagle carcasses, parts, or eggs for salvage purposes functions as state authorization, provided that the authorized individual carries a copy of the federal authorization. 5. Possession for religious or cultural purposes.-Federal authorization for the possession of bald eagles or their parts for religious or cultural purposes functions as state authorization, provided that the authorized individual carries a copy of the federal authorization. 6. Possession of eagle parts for educational purposes.-Federal authorization for the possession of bald eagle parts, nests, or eggs for educational purposes functions as state authorization, provided that the authorized individual carries a copy of the federal authorization, and all requirements of the federal authorization are being fulfilled. 7. Airports.-If federally authorized, eagles that pose an imminent jeopardy to aircraft safety and human life may be harassed by persistent, non-injurious disturbance without physical capture or direct handling by airport operators or their agents on airport property in order to prevent collisions. C. Activities That Require a FWC Eagle Permit Except for the federally-authorized actions listed above, any action that cannot be undertaken consistent with the FWC Eagle Management Guidelines may require a FWC Eagle Permit to avoid a violation of rule. As such, any action that results in the taking, feeding, disturbing, possessing, selling, purchasing, or bartering of eagles or eagle parts requires a permit. As defined in 68A-1.004, F.A.C., "take" includes pursuing, hunting, molesting, capturing, or killing. Under the appropriate conditions (described in this section) the FWC will issue several types of permits for bald eagles including disturbance, scientific collection, and nest removal. Other, more general permits may be issued for certain activities listed below. Eagle Depredation at Agriculture orAquaculture Facilities.-Non-injurious disturbance of bald eagles that are depredating agriculture or aquaculture resources requires a FWC Eagle Permit. These permits will be issued solely in accordance with appropriate federal law. Permit provisions should include required husbandry techniques that reduce or prevent future problems when applicable or reasonable. No conservation measures are required, as these permits authorize only non-injurious harassment. Permits should be issued solely for persistent depredations rather than occasional events. If federal rules adequately protect bald eagles at agriculture or aquaculture facilities, then the need for a state permit will be reevaluated. Activities That Involve Possession The following activities involve possession and therefore require a FWC permit. Existing rules and permitting programs for possession will not change. Applicants should be aware that federal permits for these actions are required unless federal rules or a FWC/USFWS agreement defers -30- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions the need for a federal permit when the action is authorized by the state. No conservation measures are necessary for educational display, rehabilitation, or scientific collection because these activities provide a conservation benefit to eagles. Educational Display.-Any facility that wishes to possess live bald eagles for educational purposes must abide by caging requirements (Rule 68A-6, F.A.C.) and obtain a license for exhibition/public sale (372.921 Florida Statutes). Federal authorization for the possession of bald eagle parts, nests, or eggs for educational purposes functions as state authorization, provided that the authorized individual carries a copy of the federal authorization, and that all requirements of the federal authorization are met. 2. Rehabilitation.-Wildlife rehabilitators who possess a FWC Wildlife Rehabilitation permit (Rules 68A-6 and 68A-9, F.A.C.) for migratory birds also require federal authorization to possess bald eagles for rehabilitation purposes. No eagle nestling or fledgling that is attended by adult eagles should be handled for rehabilitation without first consulting the FWC regional nongame biologist, except when an emergency exists and inaction may endanger the nestling or fledgling. 3. Scientific Collection.-Research that might result in disturbance to bald eagles requires a Scientific Collection permit (Rule 68A-9.002, F.A.C.). Scientific Collection permits will be issued solely for projects with a sound scientific design and those that demonstrate scientific or educational benefits to the bald eagle. Federal authorization may also be required. 4. Falconry.-Rules pertaining to the use of birds of prey in Florida for falconry purposes are found in 68A-9, F.A.C. While the bald eagle currently may not be used in falconry, its status in falconry may change upon delisting. If the joint federal-state falconry rules provide for the possession of bald eagles for falconry purposes, then a falconry permit will be required. Conservation measures, if any, will be determined at a later date. Activities That Require Emergency Authorization Declared emergency.----Emergency activities associated with recovery from a federal- or state- declared disaster will require an after-the-fact FWC Eagle Permit if the activities cannot be undertaken consistent with the FWC Eagle Management Guidelines. Such activities may include operation of equipment associated with rescue, road or utility repair, or clearing of debris in transportation or utility corridors. The FWC regional non-game biologist should be contacted within 30 days to discuss possible minimization measures, and conservation measures will be assessed on a case-by-case basis on the extent of the emergency and the impacts to eagles. Activities That Require Nest Removal Except for the federally-authorized activities listed above, a FWC nest removal permit is required for authorization to remove or destroy any bald eagle nest, even when eagles are not present. Nest removal may be necessary because the nest presents a threat to human safety or a threat to the safety of bald eagles or their eggs or nestlings. Minimization and conservation Florida Fish and Wildlife Conservation Commission -31- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan measures for these permits will be based on the extent of the emergency and the impacts to ea les g An abandoned nest as defined in this management plan is still considered a nest by FWC for the purposes of state rule and it also remains protected under the Bald and Golden Eagle Protection Act. If the federal r?iNrn? permitting process adequately provides for the conservation of Florida's bald eagles, then the need for a state nest-removal permit could be waived. Airports. Bald eagle nests on or adjacent to airports could increase the risk of an aircraft/avian strike, and are therefore considered hazardous to human safety and to nesting bald eagles and their young. Federal law requires airports to develop and implement a Wildlife Hazard Management Plan (WHMP) to manage and control wildlife that presents a risk to public safety from aircraft collisions. These plans include techniques to avoid attracting eagles, and non- injurious harassment to prevent eagles from frequenting the property. Both a FWC nest removal permit and federal authorization are required for the removal of eagle nests on or adjacent to airports. Nest removal from artificial structures.----When maintenance of an artificial structure requires the removal of an active or alternate bald eagle nest that is not an immediate threat to human safety, then the nest may be removed only outside the nesting season and only after a FWC nest- removal permit has been issued. Federal authorization may also be required. Minimization and conservation measures will be assessed on a project-by-project basis. D. Activities That May Require a FWC Eagle Permit A permit is not required to conduct any particular activity, but is necessary to avoid liability for take or disturbance caused by the activity. Therefore, any land-altering activity 60 feet of an active or alternate bald eagle nest that within 6 ! " cannot be undertaken consistent with the FWC Eagle require a FWC eagle permit. Management Guidelines may Activities beyond 660 feet do not ever require a FWC Eagle Permit. The FWC will issue an eagle permit where the applicant provides minimization and/or conservation measures that will advance the goal and objectives of this management plan. Minimization Measures The following minimization measures are intended to reduce the potential for disturbing eagles and may be required as part of a FWC Eagle Permit. -32- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Construction-related Activities Within 660 Feet of an Eagle Nest For projects that receive a FWC Eagle Permit, the following minimization efforts may be required: 1. Implement the Bald Eagle Monitoring Guidelines (USFWS 2007d) for all site work or exterior construction activities. Avoid exterior construction activities within 330 feet of the nest during the nesting season. 2. Avoid construction activity (except those related to emergencies) within 100 feet of an eagle nest during any time of the year except for nests built on artificial structures, or when similar scope may allow construction activities to occur closer than 100 feet. 3. Avoid the use or placement of heavy equipment within 50 feet of the nest tree at any time to avoid potential impacts to the tree roots. This minimization does not apply to existing roads, trails, or other linear facilities near an eagle nest, or to nests built on artificial structures. 4. Schedule construction activities so that construction farther from the nest occurs before construction closer to the nest. 5. Shield new exterior lighting so that lights do not shine directly onto the nest. 6. Create, enhance, or expand the visual vegetative buffer between construction activities and the nest by planting appropriate native pines or hardwoods. 7. Site stormwater ponds no closer than 100 feet from the eagle nest, and construct them outside the nesting season. Consider planting native pines or hardwoods around the pond to create, enhance, or expand the visual buffer. 8. Incorporate industry-approved avian-safe features for all new utility construction <www.fws. gov/migratorybirds/i ssuestAPP/AVIAN%20PROTECTION%2OPLAN%20 FINAL%2040/o2019%2005.pdf>. 9. Retain the largest native pines for use as potential roost or nest sites. Land-Management Activities Within 660 Feet of an Ea a Nest Most land management activities can be planned to comply with the FWC Eagle Management Guidelines and will not require a permit. For land management activities that receive a FWC Eagle Permit, the following minimization efforts are recommended: 1. Avoid the use or placement of heavy equipment within 50 feet of the nest tree to avoid potential impacts to tree roots. This minimization does not apply to existing roads, trails, or other linear facilities near an eagle nest or to nests built on artificial structures. 2. Plan the activity to avoid the nesting season to the greatest extent possible. Avoid disruptive activities when eagles are incubating eggs or when nestlings are close to fledging. 3. Schedule activities so that activities farther from the nest occur before activities closer to the nest. 4. Maintain the greatest possible vegetative buffer between land management activities and the nest. 5. Retain the largest native pines for use as potential roost or nest trees. Florida Fish and Wildlife Conservation Commission -33- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan Conservation Measures The conservation measures listed below will advance the management plan goal and objectives by (1) continuing to provide suitable eagle nesting habitats throughout Florida, and (2) funding monitoring, research, and management activities. T? :1 ty cannot be undertaken consistent ,yIg When an activity i with the FWC Eagle Management Guidelines (e.g., when disturbance or take may occur), then a FWC l Eagle Permit is recommended to avoid a possible violation of the FWC eagle rule. When construction activities are planned inside the recommended buffer zone of an active or alternate bald eagle nest, then issuance of a FWC Eagle Permit will require conservation measures. The following conservation measures are considered to advance the goal of the management plan; alternatives submitted under option 5 will be reviewed by FWC staff to determine if they will advance the goal of the management plan. The number of conservation measures will depend upon the distance that the activity will occur from a bald eagle nest. For activities between 330 and 660 feet, one conservation measure is sufficient. For activities within 330 feet of a nest, two conservation measures should be included with the application and one of the two measures should be a $35,000 contribution to the Bald Eagle Conservation Fund (#1, below). When activities would likely cause disturbance during only one nesting season, conservation measures need not be provided if they would only affect an alternate nest, but conservation measures should be provided if they will affect an active nest. 1. Contribute $35,000 to the Bald Eagle Conservation Fund to support bald eagle monitoring and research. 2. Provide a financial assurance (such as a bond) in the amount of $50,000. 3. Grant a conservation easement over the 330-foot buffer zone of an active or alternate bald eagle nest within. the same or an adjacent county, or within the same core nesting area (Figure 3). When the buffer is only partially owned by the applicant, contribute an onsite easement over the portion of the 330-foot buffer zone to which the applicant holds title. 4. Grant a conservation easement over suitable bald eagle nesting habitat (see #5, below) onsite or offsite. 5. Propose an alternate conservation measure that advances the goal of the management plan based upon the particular facts and circumstances presented by the applicant. Conservation measures are based on the following guidelines: Conservation easements and financial assurances can be terminated, released, or returned to the landowner if the nest for which an activity is permitted is successful (produces at least one fledgling) for at least one of the three years after the permitted activity is completed; the burden of proof is upon the applicant. If a nest is lost to natural causes (i.e. strong winds, fire), the easement or bond may be released on the third year if eagles have not built a new nest within the buffer. Financial assurances that -34- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions are not returned to the landowner will be turned over to the Bald Eagle Conservation Fund. 2. Fee structure is based on the likelihood of disturbance to eagles; activities closer to a nest provide more conservation measures than activities farther away. As such, activities permitted within 330 feet of an active or alternate bald eagle nest should contribute $35,000 to the Bald Eagle Conservation Fund as one of two conservation measures and provide an additional conservation measure. 3. The amount of fees paid outright is lower than fees paid as a bond because costs for FWC administration (including site visits) are less. 4. The fee amount is for calendar year 2008; the fee will be adjusted in subsequent years as specified below in the Monetary Contribution section (next page). 5. Suitable habitat for bald eagles will be evaluated based upon the following characteristics: within 1.86 miles of a permanent water body ?0.2 square miles in size; contain a canopy of mature native pines or cypresses with several perch trees and an unimpaired line of sight (habitat in southern Florida may include mangrove or other native species); few land-use features (low density housing, industrial, etc.) and linear and point features (roads, powerlines, railroads, etc.) within 0.5 mile; ideally should be located in a previously identified bald eagle core nesting area. 6. Conservation easements must include at least the 330-foot buffer around an active or alternate eagle nest. Where the buffer is only partially owned by the applicant, an onsite easement may be placed over that portion of the property to which the applicant holds title. Easements may be placed only around nests that are in suitable habitat as described above. 7. Conservation easements must include provision of funds for management practices for the life of the easement. Management practices should include all activities listed under "Category C: Land Management Practices, including Forestry" and must be conducted by the landowner or other entity. The FWC will hold all easements and will ensure compliance with minimization and conservation measures. 8. Bald eagles often build multiple nests that are used alternately. Projects that either avoid potential take by avoiding impacts within the buffer zone or that receive a permit to conduct activities within the buffer zone may later be affected if an eagle pair initiates construction of a new nest within the project boundary. The FWC believes that projects that follow proper procedures for bald eagles should not have to provide additional conservation measures for any new eagle nest built on the site after the planning and permitting procedures have been completed. Therefore, other than the fact that the nest itself cannot be destroyed, such projects will not be expected to provide further conservation measures if bald eagles choose to move their nest location within the project site. Monetary Contribution The Conservation Measures portion of this management plan references a contribution to the Bald Eagle Conservation Fund. The fund was created by a Memorandum of Understanding between the USFWS, the FWC, and the Wildlife Foundation of Florida. The fund collects monetary contributions from the issuance of FWC Eagle Permits to applicants whose projects impact the buffer zones of active or alternate bald eagle nests. Funds may be spent on surveys, Florida Fish and Wildlife Conservation Commission -35- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan monitoring, other research needs, or any other activity that promotes the conservation goal of bald eagles. The contribution amount will be adjusted over time to ensure that conservation funding keeps pace with inflation. Tying the change to the Consumer Price index will ensure the contribution is adjusted relative to actual price increases or decreases. The FWC will use the "All Urban Consumers Consumer Price Index" (CPI-U), which is a reflection of the highest percentage of the population, and the CPI-U for the Southeast region. Information on the Consumer Price Index is available at <www.bls.gov/cpi>. In the first year following the effective date of the FWC bald eagle rule, the monetary contribution will be as specified above. In each subsequent year, this amount will change by an amount equal to the annual CPI-U for the Southeast region, and will be based on changes during the CPU calendar year (1 January-,31 December). Adjustments to the contribution amount should take effect on 1 March of each year because the CPI for the previous year is usually not available until mid-February. The contribution will be calculated based on the date that a completed application is received by FWC. For example, if the FWC bald eagle rule takes effect during April 2008, and if the appropriate contribution to the Bald Eagle Conservation Fund through February 2009 is $35,000, then on 1 March 2009, the amount would change at the same rate as the CPI-U for the Southeast Region for the 2009 calendar year. If the CPI-U for the Southeast Region increased by 3%, then the appropriate contribution would be $36,050 (3% of 35,000 =1,050; 35,000 + 1,050 = 36,050). The amount of the monetary contribution is due prior to conducting the permitted activities. Contributions may be applied toward annual monitoring surveys, research, purchase of eagle habitat, or other conservation activities. To offset local impacts of projects, preference will be given to land purchases within the same county or core nesting area. Local Government Coordination The FWC has the constitutional authority and duty in Florida to manage wildlife in the state. The role of local government and other agencies in the regulation and management of wildlife must be well-defined. Local governments are statutorily required to include a conservation element in their comprehensive plans for the conservation, use, and protection of natural resources, including fisheries and wildlife, pursuant to Chapter 163, F.S. Coordination between the FWC and local governments in implementing components of this plan is essential for the successful conservation and management of bald eagles in Florida. Local governments and regional or state agencies (e.g. water management districts) often are the first to conduct site inspections of properties where land-clearing or building permits are sought. These on-site inspections typically occur early in the permit process and provide the opportunity to confirm the presence or absence of bald eagles, and to inform landowners and developers about required FWC permits and authorizations. This action by local governments or other agencies provides a mechanism to assure that necessary FWC permits can be issued earlier in the permit approval process, prior to issuance of local government land-clearing or building permits. -36- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Local governments and other agencies also play a substantial role in bald eagle conservation and management by providing protected and managed areas for eagles. Many local governments have created habitat-acquisition and management programs, which can provide important assistance in achieving the goal and objectives of this management plan. The FWC will coordinate with local governments and other agencies to help ensure that local land-acquisition programs and their implementing ordinances and policies are: (1) consistent with the goal and objectives of this management plan; and (2) focus on acquisition priorities for bald eagles and other important wildlife species. Coordination between the FWC and local governments is crucial in efforts to increase funding for land acquisition and management. The FWC will encourage local governments and other agencies to support the FWC's efforts to assure adequate funding within the successor to the Florida Forever program. Effective cooperation between the FWC and local governments can streamline the permit review process, improve regulatory compliance, and improve management of locally owned or managed lands that support bald eagles and other species of conservation concern. The FWC will assist and encourage local governments to perform the following activities: • Remain current with FWC regulations related to the management of the bald eagles. • Provide information to landowners, builders, and the general public about this management plan and regulatory prohibitions and permit options. These efforts will help promote compliance with FWC regulations and understanding of FWC incentives available to landowners. • Include on permit applications for land-clearing or building activities a questionnaire to determine whether surveys have been conducted for bald eagles. • Inspect parcels that are undergoing development review for the presence or absence of bald eagles, and when eagles are present (as confirmed through site visits by trained county staff, or environmental consultant reports/data) notify FWC staff to assure compliance with FWC eagle rules and guidelines. • Consider requiring the issuance of a FWC Eagle Permit early in a project's permit- approval process before issuing local land-clearing or development permits. • Notify the FWC of wildlife complaints or potential FWC rule violations through the Wildlife Alert number (1-888-404-3922). Coordinate with FWC law enforcement in providing supporting information for law enforcement investigations. • Use Memoranda of Understanding with FWC to implement any of the above actions. The FWC will: Create outreach materials for local governments, landowners, and the general public to foster better understanding of and compliance with this management plan and with other FWC regulations. Provide to managers of Florida's public lands the locations of all active and alternate bald eagle nests to allow for proper management of surrounding habitats. Florida Fish and Wildlife Conservation Commission -37- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan • Cooperate with the Prescribed Fire Strike Team program set up as part of implementation of the Gopher Tortoise Management Plan and other fire strike teams to assist with management of bald eagle habitats on public lands. • Lead efforts to attain additional funding through the successor to the Florida Forever program to allow local and state governments to acquire and manage additional conservation lands for bald eagles. • Identify and prioritize through the FWC management-needs database potentially suitable sites on publicly owned or controlled lands that are in need of habitat restoration. • Assist in establishing incentives in land development codes to better manage and restore publicly owned or controlled land to provide habitat for bald eagles and other wildlife. • Schedule workshops with local governments and other agencies to provide information on this plan and FWC regulations applicable to bald eagles and information on the role of local governments and other agencies in providing compliance assistance with FWC rules. Monitoring Plan Population Monitoring FWC staff and others have monitored bald eagle nests in Florida since 1972. The information gathered during the past 35 years includes the locations of thousands of eagle nests and nesting territories, breeding productivity, core nesting areas, reproductive success, and population trends. Current information pertaining to the status and trends of the eagle population in Florida, as well as the current status of all known active eagle nests, is available online at <www.myfwc.com/imperiledsRecies/eagl-e>. An online database for reporting new or previously undiscovered eagle nests in the state is anticipated to be available during spring 2008. Continued monitoring of bald eagle nests in Florida will provide the scientific data necessary to evaluate whether the objectives of this management plan are being achieved, and to determine whether future modification of this management plan and its guidelines may be warranted. A survey of all known bald eagle nests in Florida is conducted annually between November and March of each nesting season. Surveys are flown by FWC biologists or contractors, and, for Everglades National Park, by National Park Service staff. New or previously undiscovered nests are searched for opportunistically during the regular survey flights. Replication of the survey methodology ensures that effort is comparable among years. All nesting and productivity data for bald eagles in Florida are compiled and analyzed to generate annual population estimates that are used to determine population trends. Additional surveys were conducted during the 2006-2007 nesting season to determine the efficiency of the current protocol for finding previously undiscovered bald eagle nests and to locate new nests in potential bald eagle habitat. FWC researchers have identified 16 core areas of bald eagle nesting activity (Figure 3). Changes in size, configuration, and location of these areas will be monitored, and their importance to the overall bald eagle population in Florida will be determined as new data become available. -38- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions The Draft Post-Delisting Monitoring Plan (USFWS 2007c) recommends that bald eagle nests be monitored every five years for three eagle generations (24 years). Monitoring eagle nests and nesting territories in Florida at a five-year interval would not provide adequate information to verify that the conservation objectives of this plan were being maintained. Additionally, annual surveys provide to contractors, consultants, land owners, and other interested parties the status of all known active and alternate eagle nests in the state, and provide a basis for declaring nests to be lost or abandoned. To ensure that the conservation objectives of this management plan are being maintained, the FWC recommends that annual surveying continues for the next 24 years (i.e., until 2032). In addition to existing information about the status of eagle nests, biologists characterize the habitat and land-use changes within each nesting territory in Florida. This information may help to identify the factors that affect population changes, movements patterns, habitat changes, and other trends. The continuation o£FWC surveys of all known eagle nests and nesting territories is dependent on securing funding. If funding is limited, then the FWC may choose to survey only a sample of the eagle nests and nesting territories statewide annually, and to develop methods to estimate the overall population. This sub-sampling approach, if developed, will reduce funding costs while continuing to monitor the status of bald eagle nests and nesting territories statewide on an annual basis. The FWC may partner with other agencies, colleges or universities, or non-governmental organizations in Florida (e.g., Audubon's Eagle Watch program) to assist in the monitoring of bald eagle nests and nesting territories. Such partnering would be another way to possibly reduce monitoring costs while assuring that the appropriate data are collected. Every five years, the FWC will ensure that the data collected in Florida are comparable with data from other states to contribute to the national breeding population estimate. Project-Specific Nest Monitoring The Bald Eagle Monitoring Guidelines (USFWS 2007d) recommend monitoring an eagle nest if construction activities occur within 660 feet of the nest during the nesting season 0 October- 15 May). These federal guidelines standardize the method for gathering data to evaluate eagle responses to activities that may cause disturbance. The guidelines are designed to: (1) describe normal nesting behavior of bald eagles; (2) identify specific behavioral responses of adult and young eagles that may warrant cessation of development activities; (3) propose the type and level of monitoring necessary to detect a change in normal eagle behavior; (4) prescribe a procedure for reporting to the USFWS and the FWC the observations that may be used to halt or modify construction activities; and (5) provide data to the FWC to evaluate the effectiveness of the current FWC Eagle Management Guidelines. The FWC has adopted the Bald Eagle Monitoring Guidelines (USFWS 2007d). To ensure compliance with these guidelines, the FWC may conduct random spot-checks of projects that are following the guidelines, as resources allow. The information obtained from these monitoring efforts may provide additional insight into the tolerance of bald eagles to human activities near their nests. Florida Fish and Wildlife Conservation Commission -39- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan Mortality Monitoring The FWC will evaluate the sources and extent of bald eagle mortality in Florida. These data, coupled with population monitoring, will aid in determining the cause or causes of any decline in the eagle population. An increased mortality rate or a rapid change in the causes of mortality may trigger a management action to address the problem. The FWC's Division of Law Enforcement and the USFWS have worked cooperatively to develop protocols for salvaging and storing eagle carcasses that are sent to the National Eagle Repository in Denver, Colorado. The USFWS has purchased freezers for FWC to store these carcasses until shipments to Colorado can be made. The FWC and USFWS have developed a mortality database that includes the cause of each eagle death. -40- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Education and Outreach An active conservation education and outreach program will help ensure that the public understands the status of the bald eagle's recovery, knows what protections and management strategies maintain the population,. and, most importantly, what citizens can..do to aid the. eagle's recovery. Key messages for education and outreach efforts include: • The bald eagle is an Endangered Species Act success story that is no longer threatened with extinction; • Delisting does not mean that the bald eagle is no longer protected state and federal regulations will continue to protect bald eagles, their nests, and their nesting territories; and • The bald eagle's recovery is a result of prescribed management efforts that will continue, so that a population decline does not occur and trigger a need for future relisting of the species. This education and outreach plan includes an emphasis on the following audiences: • Local government planning and permitting staff • Other federal or state governmental agencies • Development professionals and private land owners • Environmental consulting firms • Conservation-oriented public and groups • Media representatives • Local, state, and federal law-enforcement personnel • Managers of public lands • Land-acquisition organizations • Agricultural, silvicultural, ranching, and aquacultural interests • Power companies • Communication tower managers • Landfill managers • Veterinary associations • Airport managers and Federal Aviation Authority representatives Although some of these efforts may be concentrated within bald eagle core nesting areas, efforts will be statewide when possible to maximize benefits to eagle conservation in Florida. All education and outreach efforts such as handbooks, brochures, and PowerPoint presentations will be available for downloading from the FWC's bald eagle website cwww.my wc.com/impe,riledsi)ecies/ea lg_e>. Bald eagle interest groups, stakeholders, and the media will be notified when these materials are available online. FWC staff will give presentations about bald eagle conservation in Florida to various interest groups. Florida Fish and Wildlife Conservation Commission -41- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan All Audiences: + Create and distribute a brochure that contains key messages about bald eagle recovery, provisions of this management plan, and actions that citizens can take to continue the conservation of eagles in Florida. + Develop and maintain web pages that contain popular, scientific, legal, and permitting information on bald eagles. + Create a PowerPoint presentation that is adaptable to different audiences. + Create a 2-minute video about bald eagle recovery. + Promote FWC's Wildlife Alert Program in all materials. Developers, Consultants. Government Agencies, Private Landowners and Land-Use Planners: + Create a handbook that describes new regulations, permit options, and management guidelines. This will include bald eagle biology and recovery status, effects of development on nesting eagles, conservation and minimization measures of this management plan, landowner stewardship incentives, and how to comply with state and federal laws and guidelines. Conservation-oriented Citizens: • Publish articles in appropriate print and electronic media that highlight key messages about bald eagle biology, recovery status, new rules and guidelines, how and where to observe eagles, and what citizens can do to aid eagle conservation. Law Enforcement Personnel: • Provide information on the management implications of federal and state delisting efforts on conservation of bald eagles in Florida. Emphasize that regulations and guidelines will continue to protect eagles, their nests, and their nesting territories. Land Mangers and Land-Ac uisition Agents: + Provide information on the need for continued acquisition of bald eagle habitats, particularly parcels within core breeding areas. Give presentations to inform managers about the FWC's bald eagle website <www.m c.com/ian erileds ecies/ea lei and technical assistance available from the FWC to properly manage habitats around eagle nests. A iculturalSilvicultural Ranching. and A uacultural Interests: + Prepare a fact sheet that includes information on land-use regulations, industry-specific management recommendations, and stewardship incentives. Power Cam anies and Communication Tower Mana ers: + Provide information on threats posed to eagles by powerlines and communication towers from electrocution or collision, and include recommendations for retrofitting utilities with "avian-friendly" hardware. Provide information on how to discourage eagles and other large raptors from perching on or near hazardous towers. Focus on areas with high raptor mortality, and near core bald eagle nesting areas -42- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Landfill Managers and Veterin Associations: r Provide information about the importance of incinerating or quickly burying the carcasses of euthanized animals to prevent the deaths of eagles from secondary barbital poisoning. AiMort Managers. Federal Aviation Administration Officials: • Provide information on rules and regulations pertaining to bald eagles and their nests on or adjacent to airports. Provide information on how to discourage eagles from frequenting areas around airports. Research Much information concerning the life history and habitat requirements of the bald eagle is known from previous studies. Among numerous other topics published from Florida are the following: research on bald eagle nesting requirements (Broley 1947, McEwan and Hirth 1979, Wood et al. 1989); effects of habitat protection (Nesbitt et al. 1993); analyses of setback distances and disturbance levels (Nesbitt et al. 1993, Millsap et al. 2004); and habitat use and movements (Wood 1992, Wood et al. 1998, Mojica 2006). Despite the wealth of information gathered previously, much information remains to be obtained or refined to ensure the long-term conservation of bald eagles in Florida. Current or Planned Research The FWC has already secured funding for the following projects. Maximize effort to locate new or previously Rue ported bald eagle nests. The FWC is using Geographic Information System (GIS) software to evaluate potential bald eagle nesting habitat to locate new nesting territories. This project will determine the precision of the current survey and what modifications need to be made. Deter -mine the number of wsts on ro es are protected. Although only about 33% of all known bald eagle nesting territories in Florida occur on public lands (Sullivan et al. 2006, Nesbitt et al. in review), it is thought that many more territories are located on privately-owned lands that are protected via perpetual conservation easements or similar instruments. The FWC will analyze the protection status of lands surrounding all bald eagle nesting territories in the state. Evaluate the effectiveness of the FWC Ea 0e Management Guidelines and determine the Ion & term effects of development near eagle nests. As additional residential, commercial, or industrial developments encroach on previously undisturbed bald eagle nesting territories, it would be beneficial to test not only the proximate effects of encroachment on eagle nests, but also the long-term post-construction history of nesting territories. Data supplied via nest monitoring and through the self-service, technical assistance website will assist in this effort. The FWC will determine the population trends and demographic characteristics of bald eagles in Florida, and will assess the long-term effects of human activities on eagle productivity and survivorship. Results of these and other analyses will Florida Fish and Wildlife Conservation Commission -43- Chapter 4: Recommended Conservation Actions Bald Eagle Management Plan guide future research, and may result in lessening of regulations related to buffer zones around eagle nests, should population trends warrant such changes. Future Research The FWC needs to identify funding sources for the following proposed projects. Determine the a ro riateness of the FWC Eagle Mana ement Guidelines. Upon delisting the bald eagle in Florida, the FWC proposes to determine the level of protection needed to ensure a stable or increasing eagle population. This would include evaluating the need for and if needed, the required size of buffer zones around active or alternate bald eagle nests, and how many nesting territories need to be protected to ensure a stable or increasing population. Determine the ffreguency of nest reoc lion. Current guidelines provide for buffer zones to be maintained around abandoned eagle nests for five consecutive nesting seasons. The FWC proposes to determine to what degree abandoned eagle nests may be reoccupied. Determine success of the delistin rotection measures. The FWC proposes to compare bald eagle data from Florida collected post-delisting with data collected pre-delisting to determine changes in population trends, management effects, and territory occupancy potentially resulting from the delisting protections or modifications. Investigate the utili of a o ulation viabili analysis VA to ad s specific uestions about bald eagles in Florida. A PVA can be of great use to modeling anticipated threats to bald eagles, such as those from continued encroachment of nest buffers by human activities. A PVA may also allow the determination of a conservation "end point," after which regulation of land-use of private lands that support eagle nests may no longer be necessary. Many components and parameters need to be considered to conduct an accurate PVA, including data on bald eagle survivorship, movements, and reproductive rates. The usefulness of a PVA will be evaluated based on questions that may be answered with available data. Test the Bald Eagle Habitat Index of Viabili BEHIV mod 1 to determine its value and accurac as a tool for management. The BEHIV analysis (Nesbitt et al. in review) uses GIS to score bald eagle nests in Florida based on several site-specific parameters. This analysis may identify the long-term stability of eagle nesting habitats, and could be used to aid the decision-making process when considering whether to regulate land-use within eagle nesting territories. Stud use of landfills b bald eagles in Florida. Many eagles forage or loaf at landfills, where they may be exposed to secondary pentobarbital poisoning or other dangers. The FWC proposes to monitor the use of landfills by bald eagles in Florida, examining non-nesting roost populations, temporal use, age-class, land use, and other topics. -44- Florida Fish and Wildlife Conservation Commission Chapter 5: Implementation Strategy CHAPTER 5: IMPLEMENTATION STRATEGY Priority Actions Bald Eagle Management Plan A prioritized approach to this management plan will help maintain the conservation objectives and will facilitate the coordination necessary to successfully implement the plan. The actions in the summary list below are described in more detail in Chapter 4. Priority Actions to be Undertaken by the FWC • Approve and implement the proposed rule to protect bald eagles (68A-16.002, F.A.C.), simultaneously with removing the bald eagle from 68A-27.004 F.A.C. • Implement the proposed permitting framework. • Design a technical assistance system that operates effectively and efficiently to minimize FWC staffing requirements and provides optimal customer service and conservation benefit. • Prepare press releases and print- or web-based materials to communicate to the concerned, conservation-oriented public and other stakeholders the new protection rules and FWC Eagle Management Guidelines. Develop and maintain a website to centralize information on bald eagles. • Create a handbook for development professionals, local governments, water management districts, and private landowners that describes new regulations, stewardship incentives, and FWC Eagle Management Guidelines to be followed upon delisting of the bald eagle in Florida. Concentrate efforts to circulate the handbook and other presentations in regions that support bald eagle core nesting areas. Work with local governments to make them aware of FWC wildlife regulations. • Work with water management districts and DEP to make them aware of FWC's regulation and habitat management guidelines for eagles. • Work with Florida state agencies such as the Department of Transportation to develop agreements to streamline permitting and provide suitable conservation actions when needed. Apply for grants to fund implementation of additional conservation actions. • Continue aerial surveys to monitor the reproductive success of bald eagles in Florida and the locations and status of their nests, and convey this information annually to stakeholders and other interested parties. -46- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 5: Implementation Strategy Increase efforts to locate new or previously undiscovered bald eagle nests. • Reevaluate the distance at which nesting bald eagles are disturbed. Priority actions to be undertaken by other agencies with assistance from FWC Adopt language in land development codes and/or comprehensive plans to include wildlife protected under FWC rules, whether or not classified as imperiled. Priority actions for private citizens • Report new or previously undiscovered bald eagle nests to the FWC. • Report violations of the bald eagle rule to the Wildlife Alert number (1-888-404-3922). • Manage habitats on private lands to benefit bald eagles and other species of conservation concern. • Support bald eagle conservation actions. Required Resources and Other Costs Associated with Implementation Many of the conservation actions identified in this management plan have been in place for many years; the FWC has been actively managing Florida's bald eagle population since the early 1970s. Ongoing conservation actions include annual monitoring of all known bald eagle nests and nesting territories, investigating and prosecuting illegal activities, recovering eagle carcasses, and maintaining a website for inquiries about bald eagles, their nests, and their nesting territories. The FWC will continue these activities upon delisting of the bald eagle. Many FWC staff will assist with implementation of this plan. The FWC may require additional staff and funding to perform some or all of the following activities: continue the annual aerial nest surveys; update and expand the bald eagle website to provide information on permitting, the FWC Eagle Management Guidelines, and nest locations; implement incentive programs; work with local governments; and provide public education and outreach. Funds paid into the Bald Eagle Conservation Fund to compensate for permitted activities within buffer zones around eagle nests will provide the funding necessary for some of these activities. Expected annual costs of implementing the plan (in 2007 dollars) are as follows: $ 6,950 - salary and benefits for Avian Taxa Coordinator for 10% time $ 8,700 - salary and benefits for 5 Regional Nongane Biologists for 2.5% time each $ 13,900 - salary and benefits for Avian Research Biologist for 25% time $ 17,300 - salary for OPS Biological Scientist H 50% time $ 14,800- salary for OPS Fish and Wildlife Technician 50% time $ 14,000 - salary for OPS Biological Scientist (database manager) for 25% time $ 40,800 - salary and benefits for one new Law Enforcement officer Florida Fish and Wildlife Conservation Commission -47- Chapter 5: Implementation Strategy Bald Eagle Management Plan $ 60,000 - salary and expenses for OPS Biological Scientist III to lead plan implementation $ 80,500 - aerial survey costs (two years of funding is secured) $ 5,000 - field and office equipment and supplies $ 5,500 - salary for one Public Information Coordinator for 10% time $ 8.000 - salary for Conservation Stewardship Coordinator for 20% time $315,080 - Total Annual Recurring Cost Expected one-time costs over five years are as follows: $ 17,500 - development and production of brochures, handbooks, and fact sheets $ 25,000 - startup costs for plan implementation Efforts to effectively implement the plan will be greatly enhanced by cooperation with and active participation of external agencies. In particular, local governments, water management districts, DEP, and the USFWS will play important roles in implementing this plan, and numerous other stakeholders have expressed an interest in bald eagle issues. Implementation Schedule As noted above, conservation of the bald eagle through implementation of this management plan requires the cooperation of an array of agencies, managers, universities, landowners, and stakeholders. The following list is divided into priorities to be initiated in the first year and those to be initiated within the next five years to maintain the conservation goal and objectives for bald eagles. Actions that the FWC should begin within the next 12 months Approve and implement the proposed rule to protect bald eagles and their nests; Implement a permitting framework as described in Chapter 4; • Prepare press releases and print -or web-based materials to communicate to all audiences the key messages, new protection rules and guidelines, and ways that citizens can contribute to maintaining recovery; Continue law enforcement activities such as patrol, enforcement, and education; Develop a website to centralize all available information on bald eagles; • Create resources (e.g., a handbook or PowerPoint presentation) for development professionals, county governments, water management districts, and private landowners that describe new regulations, stewardship incentives, and FWC eagle management guidelines developed to protect bald eagles upon delisting. Concentrate efforts to circulate the handbook and make presentations in regions that support bald eagle core nesting areas (Figure 3, page 7); -48- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 5: Implementation Strategy • Continue aerial surveys to monitor the reproductive success of bald eagles in Florida and the locations and status of their nests and nesting territories; • Expand efforts to locate new and previously undiscovered eagle nests; • Reevaluate the distance at which some nesting bald eagles may be disturbed; • Work to enhance and manage bald eagle habitats on state-owned and state-managed lands; • Apply for grants to fund priority actions/research-, • Initiate random spot-checks of construction projects that are following the FWC Eagle Management Guidelines; • Review the information provided during nest-monitoring events and evaluate the annual nest-monitoring protocol to ensure that the information collected can assist in answering some of the most pressing management questions. Actions that local governments and other state agencies should begin within the next 12 months with assistance from the FWC Adopt procedures within ordinances to assist and assure consistency with management guidelines and policies for bald eagles. • Work to enhance and manage bald eagle habitat on state-owned and state-managed state- owned lands. Actions that the FWC should continue or implement during the next five years with assistance from outside entities • Continue aerial surveys to monitor the reproductive success of bald eagles in Florida and to update the locations and status of eagle nests and nesting territories; • Determine the percentage of bald eagle nests that are protected on public lands or by perpetual conservation easements, or otherwise unlikely to be further developed; • Continue to monitor and manage fish populations and aquatic habitats, • Continue law enforcement activities such as patrol, enforcement, and education; • Develop and maintain funding sources for continued monitoring and data analysis of bald eagle nests and nesting territories; • Study long-term trends in the statewide bald eagle population; Florida Fish and Wildlife Conservation Commission -49- Chapter 5: Implementation Strategy Bald Eagle Management Plan Study the frequency at which bald eagles reactivate an abandoned nest, and after how many years of non-use; Study the effectiveness of post-delisting regulations and recommendations, • Test the value and accuracy of the BEHIV model (Nesbitt et al. in review) as a tool for habitat management; • Study the long-term effects of development near bald eagle nests; Study the use of artificial nesting structures by bald eagles in Florida; • Study the movements of post-breeding bald eagles after they migrate out of Florida; Study how, when, and where Florida-produced bald eagles enter the breeding population; • Monitor the sources and extent of bald eagle mortality; Prepare a fact sheet that describes the need for continued acquisition of bald eagle habitats, particularly within core nesting areas; Create and distribute a brochure with key messages about bald eagle biology and recovery status, observing eagles, and what citizens can do to aid recovery; • Prepare a fact sheet that includes information on land-use regulations, the threat posed to eagles by power lines, industry-specific management recommendations, and stewardship incentives; • Create a video highlighting key messages and citizen involvement, and post this to FWC's website. Priority action to be undertaken by local governments with assistance from the FWC within the next five years • Offer expedited permit review and/or reduced development review fees to developers who voluntarily follow the FWC Eagle Management Guidelines. Adopt procedures within ordinances to assist and assure consistency with science-based management guidelines and policies for bald eagles. -50- Florida Fish and Wildlife Conservation Commission Literature Cited Bald Eagle Management Plan LITERATURE CITED AOU [American Ornithologists' Union]. 1998. Check-list of North American Birds. 7th edition. American Ornithologists' Union, Washington, D.C. Bailey, H.H. 1925. The Birds of Florida. Williams and Wilkins, Baltimore, NO. Broley, C.L. 1947. Migration and nesting of Florida bald eagles. Wilson Bulletin 59:3-20. Broley, C.L. 1950. The plight of the Florida bald eagle. Audubon 52(1): 42-49. Buehler, D.A. 2000. Bald eagle (Haliaeetus leucocephalus). Number 506 in The Birds of North America (A. Poole, P. Stettenheim, and F. Gill, editors). The Academy of Natural Sciences, Philadelphia, PA, and the American Ornithologists' Union, Washington, D.C. Centers for Disease Control and Prevention. 2006. West Nile Virus website <www.cdc.gov/ncidod/dvbid/westnile/index.htm>. Accessed 11 May 2007. Cruickshank, A.D. 1980. The Birds of Brevard County, Florida. Florida Press. Orlando, FL. Curnutt, J.L. 1996. Southern bald eagle (Haliaeetus leucocephalus leucocephalus). Pages 179-- 187 in Rare and Endangered Biota of Florida, Volume V Birds (J.A. Rodgers, H.W. Kale, and H.T. Smith, editors). University Press of Florida, Gainesville, FL. Curnutt, J.L., and W.B. Robertson. 1994. Bald eagle nest site characteristics in south Florida. Journal of Wildlife Management 58: 218-221. Forrester, D.J., and M.G. Spalding. 2003. Parasites and Diseases of Wild Birds in Florida. University Press of Florida, Gainesville, FL. FWC [Florida Fish and Wildlife Conservation Commission]. 2005. Wildlife legacy initiative: Comprehensive wildlife conservation strategy. Florida Fish and Wildlife Conservation Commission, Tallahassee, FL. Gerrard, J.M., and G.R. Bortolotti. 1988. The Bald Eagle: Haunts and Habits of a Wilderness Monarch. Smithsonian Institution Press, Washington, D.C. Howell, A.H. 1932. Florida Bird Life. Coward-McCann, New York, NY. Landsea, C.W., N. Nicholls, and L.A. Avila. 1996. Downward trends in the frequency of intense Atlantic hurricanes during the past five decades. Geophysical Research Letters 23: 1697- 1.700. McCarthy, J.J., O.F. Canziani, N.A. Leary, D.J. Dokken, and K.S. White, editors. 2001. Climate change 2001: Impacts, adaptation, and vulnerability. Contributions of Working Group II -54- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Literature Cited to the Third Assessment Report of the Intergovernmental Panel on Climate Change. Cambridge University Press, Cambridge, UK. McEwan, L.C., and D.H. Hirth. 1980. Food habits of the bald eagle in north-central Florida. Condor 82: 229-231. Millsap, B., T. Breen, E. McConnell, T. Steffer, L. Phillips, N. Douglass, and S. Taylor. 2004. Comparative fecundity and survival of bald eagles fledged from suburban and rural natal areas in Florida. Journal of Wildlife Management 68: 1,018-1,031. Mojica, E.K. 2006. Migration, home range, and important use areas of Florida sub-adult bald eagles. Master's thesis, University of Georgia, Athens, GA. Nesbitt, S.A. 2005. Bald eagle annual report 2005. Florida Fish and Wildlife Conservation, Tallahassee, FL. Nesbitt, S.A., and M.W. Collopy. 1985. Raptor research and management in Florida: Bald eagles. Eyas 8: 26-28. Nesbitt, S.A., G.L. Holder, D.A. Mager, and S.T. Schwikert. 1990. Use of aerial surveys to evaluate bald eagle nesting in Florida. Pages 207-210 in Proceedings of the Southeast Management Symposium and Workshop. National Wildlife Federation, Washington, D.C. Nesbitt, S.A., M.J. Folk, and D.A. Wood. 1993. Effectiveness of bald eagle habitat protection guidelines in Florida. Proceedings of the Annual Conference of Southeastern Associated Fish and Wildlife Agencies 47: 333-338. Nesbitt, S.A., J.L. Hatchitt, T.H. Logan, J.H. White, and P.S. Kubilis. In review. Geographic Information System used to score Florida bald eagle nest sites. Submitted to Journal of Wildlife Management. Peterson, D.W., and W.B. Robertson. 1978. Southern bald eagle. Pages 27-30 in Rare and Endangered Biota of Florida, Volume 2, Birds (H.W. Kale, editor). University Presses of Florida, Gainesville, FL. Robertson, W.B., and G.E. Woolfenden. 1992. Florida Bird Species: An Annotated List. Special Publication Number 6, Florida Ornithological Society, Gainesville, FL. Shea, D.S., R.E. Shea, and W.B. Robertson. 1979. Unusual observations of nesting bald eagles in south Florida. Florida Field Naturalist 7: 3-5. Stalmaster, M.V. 1987. The Bald Eagle. Universe Books, New York, NY. Stevenson, H.M., and B.H. Anderson. 1994. The Birdlife of Florida. University Press of Florida, Gainesville, FL. Florida Fish and Wildlife Conservation Commission -55- Literature Cited Bald Eagle Management Plan Sullivan, D., T.H. Logan, C.M. Martino, S.[A.] Nesbitt, and T. Steffer. 2006. Biological Status Report for the Bald Eagle. Florida Fish and Wildlife Conservation Commission, Tallahassee, FL. USFWS [United States Fish and Wildlife Service]. 1987. Habitat management guidelines for the bald eagle in the southeast region. United States Fish and Wildlife Service, Washington, D.C. USFWS. 1989. Southeastern states bald eagle recovery plan. United States Fish and Wildlife Service, Washington, D.C. USFWS. 1999. Proposed rule to remove the bald eagle in the Lower 48 states from the list of endangered and threatened wildlife. Federal Register 64: 36,454-36,464. USFWS. 2006a. Removing the bald eagle in the Lower 48 states from the list of endangered and threatened wildlife, 16 February 2006. Federal Register 71: 8,238---8,251. USFWS. 2006b. Clearance to proceed with construction activities adjacent to bald eagle nests - 2006 revision. FWS/R4/ES-JAFL, 5 June 2006. United States Fish and Wildlife Service, Jacksonville, FL. USFWS. 2007a. Questions and answers for Bald and Golden Eagle Protection Act actions. United States Fish and Wildlife Service, Washington, D.C. USFWS. 2007b. National Bald Eagle Management Guidelines. United States Fish and Wildlife Service, Washington, D.C. USFWS. 2007c. Draft post-delisting monitoring plan for the bald eagle (Haliaeetus leucocephalus). United States Fish and Wildlife Service, Washington, D.C. USFWS. 2007d. Bald Eagle Monitoring Guidelines. United States Fish and Wildlife Service, Washington, D.C. Wilde, S.B., T.M. Murphy, C.P. Hope, S.K. Habnm, J. Kempton, A. Birrenkott, F. Wiley, W.W. Bowerman, and A.J. Lewitus. 2005. Avian vacuolar myelinopathy linked to exotic aquatic plants and a novel cyanobacterial species. Environmental Toxicology 20: 348-- 353. Wood, P.B. 1992. Habitat use, movements, migration patterns, and survival rates of sub-adult bald eagles in north Florida. Ph.D. dissertation. University of Florida, Gainesville, FL. Wood, P.B., and M.W. Collopy. 1995. Population ecology of sub-adult southern bald eagles in Florida: Post-fledging ecology, migration patterns, habitat use, and survival. Nongame Wildlife Program. Florida Game and Fresh Water Fish Commission, Tallahassee, FL. -56- Florida Fish and Wildlife Conservation Commission APPENDIX 1: LINKS TO ONLINE USFWS DOCUMENTS USFWS.1999. Proposed rule to remove the bald eagle in the Lower 48 states from the list of endangered and threatened wildlife. <htt://www. s. ov/south es zona/Document cie D_ocsBaIdEa >le/balde le delisting99.pdfl. USFWS. 2006. Removing the bald eagle in the Lower 48 states from the list of Endangered and Threatened wildlife, 16 February 2006. <http://www.fws. ov/southwest/es/arizona/Documents/SpeciesDocsBaIdEa 1? Deli tin Reo e in df5. USFWS. 2006. Bald eagle monitoring guidelines (Florida). ch ://www.fws. ov/no hflori a1dEa les/2007-BE-M nitorin -Guidelin s-without- fi rues.hhttm>. USFWS. 2007. Protection of bald eagles; definition of "disturb." ch ://www.fws. ov/ acific/ea le/definitions/disturb def.html>. USFWS. 2007. National Bald Eagle Management Guidelines. <htt ://www.fws. ov/mi ato birds/issuesBaIdEa le/NationalBaIdEa leMana ementG uidelines.pdf5. USFWS. 2007. Bald eagle monitoring guidelines. htt://www.fws. ov/north.florl'daBaIdEa les/2007-BE-Monltorin -Guidelines-without- figutres.htm . USFWS. 2007. Draft post-delisting monitoring plan for the bald eagle (Haliaeetus leucocephalus). chttp://www.fws.eov/midwest/eagle/protect/DraftBAEAPDM.html>. USFWS 2007. Proposal to create a permit process for bald and golden eagles. <htlp://www.fws.i,,ovL/policy/libM/07-2697.pdf>. -58- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Literature Cited Wood, P.B., M.W. Collopy, and C.M. Sekerak. 1998. Postfledging nest dependence period for bald eagles in Florida. Journal of Wildlife Management 62: 333-339. Wood, P.B., T.C. Edwards, and M.W. Collopy. 1989. Characteristics of bald eagle nesting habitat in Florida. Journal of Wildlife Management 53: 441-449. Florida Fish and Wildlife Conservation Commission -57- Chapter 6: Anticipated Impacts CHAPTER 6: ANTICIPATED IMPACTS Economic Impacts Bald Eagle Management Plan This preliminary assessment of economic impacts of delisting the bald eagle in Florida was based on the conservation strategies and actions proposed in this management plan. Estimated cost to the FWC of implementing proposed conservation strategies and actions Resources required to implement this bald eagle management plan are described in Chapter 5. The conservation actions proposed in the management plan will require a commitment of staff time to review applications for FWC Eagle Permits, develop landowner-incentive programs, coordinate research and monitoring programs, and develop and implement appropriate education and outreach programs. One-time costs associated with producing informational brochures over five years are estimated to be $17,500. Annual costs for staff to implement the management plan are estimated to be $315,080. Of these totals, the one-time cost to produce brochures ($17,500), start-up costs ($25,000), and approximately $60,000 of annual costs represent new costs to the FWC, for which funding sources must be secured. It is unlikely that the FWC can conduct additional activities with existing staff and resources. Management actions proposed in this plan will need to be prioritized along with other agency programs, species needs, and available resources. New funding and personnel dedicated to implementation of this plan are necessary to accomplish all outlined strategies and tasks. The exact costs will depend on the amount of resources that local governments and landowners can devote to bald eagle conservation in Florida. Estimated cost to potentially affected parties of implementing the proposed conservation strategies and actions The permits required under the proposed rules are no-cost permits. Conservation and minimization measures recommended under FWC Eagle Permits may increase costs incurred by permit applicants. The exact costs would vary from site to site depending on the size of the project, the size of the recommended buffer, and potential impacts to bald eagles. Sale of conservation easements around an active or alternate bald eagle nest will financially benefit some owners of private lands, and may also increase their eligibility to receive funds through state and federal land-management incentive programs. Actions listed in the FWC Eagle Management Guidelines may lower costs to private landowners. By providing the option of following these guidelines instead of applying for a FWC Eagle Permit, developers can conserve bald eagle habitats rather than having to compensate for construction activities. Social Impacts The bald eagle was chosen as the national symbol of the United States on 20 June 1782 because of its longevity, great strength, and majestic bearing. The bald eagle appears on the Great Seal of -52- Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan Chapter 5: Implementation Strategy Management Plan Review and Revision To ensure that the conservation goal of this management plan is maintained, the FWC will review the status of Florida's bald eagle population based upon annual surveys of nests and nesting territories. This management plan will be reviewed and revised after five years (i.e., in 2013). Significant changes to the management plan will be made with public input and Commission approval. Florida Fish and Wildlife Conservation Commission -51- Bald Eagle Management Plan Chapter 4: Recommended Conservation Actions Stud the use of artificial nestin structures b bald ea les in Florida. The use of artificial structures as nesting substrates by bald eagles in Florida seems to be increasing. The FWC proposes to monitor the use and success of bald eagles nesting on these structures, and will determine if this behavior is a result of the increased availability of artificial substrates, an increasing willingness of bald eagles to nest in urban areas, and/or a decrease in the availability of suitable natural structures. Because most structures are not built to support bald eagle nests, and the nests may be considered hazards to human safety or property (as well as to the eagles and their eggs or nestlings), then the FWC will also examine ways to discourage eagles from nesting on these structures. Stud the movements of post-breeding adult bald eagles from Florida. The FWC proposes to identify areas that support Florida's breeding bald eagles during the non- nesting season. This information is not well known and is important for understanding the risks and hazards posed to Florida's nesting eagles during migration and on their summering grounds. The FWC will partner with wildlife agencies in other states because most of Florida's nesting eagles summer outside the state. Study haw, when, and where-Florida-produced eagles enter the breeding population. The FWC proposes to study the tendency of eagles to return to their natal areas, sex ratios of adult eagles in the population, and habitat choices of eagles during their initial breeding attempt. Florida Fish and Wildlife Conservation Commission -45- Bald Eagle Management Plan Chapter b: Anticipated Impacts the United States and represents freedom. President John F. Kennedy wrote that, "The Founding Fathers made an appropriate choice when they selected the bald eagle as the emblem of the nation. The fierce beauty and proud independence of this great bird aptly symbolize the strength and freedom of America." During the public comment period of this management plan, one social theme was repeatedly expressed: That delisting of the bald eagle could create the perception that there is less need for conservation and management. This misperception could potentially lead to an increase in the illegal take of or disturbance to eagles, which may negatively impact the population. If this were to happen, it would erode public confidence in the FWC's ability to manage the state's wildlife. Conversely, successfully managing the public's perception about the delisting of bald eagles in Florida will help to accomplish the goals of this management plan, and will enhance public confidence in the agency. The bald eagle has successfully recovered from its imperiled status. The FWC has the opportunity to make the public aware of this success story, and to assure the public that conservation of bald eagles will continue. This management plan includes an Education and Outreach section that identifies the need to explain to key audiences the rules and guidelines that remain in place for the protection of bald eagles, their nests, and their nesting territories. This plan also commits that the current level of law enforcement will not decrease upon delisting of the eagle. These actions should create public awareness of the continuance of actions that protect bald eagles in Florida, and should generate support for this management plan. The delisting process will place responsibility on local governments to remain involved with regulations and guidelines that protect bald eagles and their habitats under the guidance of this management plan. This responsibility will create a closer working relationship between FWC and local governments. Ecological Impacts Upland and aquatic habitats that support bald eagles in Florida also support a large number of other species. Acquiring lands that support eagle nests, or placing buffer zones around eagle nests into perpetual conservation easements, will benefit a host of other plant and animal species. Continued conservation and management of aquatic habitats will provide healthy feeding areas for bald eagles and will benefit a multitude of other species that depend on Florida's aquatic environments. Electrocution-related mortality of bald eagles and other birds may be reduced as a result of power companies incorporating "avian-friendly" devices and fittings on their equipment. Florida Fish and Wildlife Conservation Commission -53- Bald Eagle Management Plan Appendix 1 APPENDIX 2: LIST OF FWC STAKEHOLDERS Individuals on the FWC's stakeholder contact list, some of whom provided comments or other assistance to the bald eagle management team. *A member of the "ad-hoc" bald eagle committee who participated in meetings, November 2007--January 2008. STAKEHOLDER AFFILIATION Yvette Alger St. Lucie County Bonnie Basham Standing Watch Teresa Bishop St. Johns County Jan Brewer St. Johns County Karl Bullock Golder Associates Barbara Burgeson Collier County Gail Carmody U.S. Fish and Wildlife Service Resee Collins U.S. Fish and Wildlife Service Ron Concoby Independent scientist Lori Cunniff Orange County Amy Dierolf Progress Energy Seth Drawdy Foley Land and Timber Company Michael Drummond Alachua County Todd Engstrom Florida Ornithological Society Susan Farnsworth Citrus County Sammi Fitch City of Cape Coral *Monica Folk The Nature Conservancy Jerris Foote Sarasota County Parks and Recreation Shane Fuller St. Joe Company *Steve Godley Biological Research Associates, Inc. Phil Gomicki Florida Forestry Association Mary Ann Gosa Florida Farm Bureau Richard Hamann Center for Governmental Responsibility Dennis Hardin Florida Division of Forestry David Hartgrove Halifax River Audubon Society Clay Henderson Holland and Knight LLP Rob Hicks Plum Creek Timber Company Stephen Hofstetter Alachua County Wade Hopping Wade Hopping Associates Kim Iverson South Atlantic Fisheries Management Council Steve Kintner Volusia County *Tom Logan Breedlove, Dennis & Associates, Inc. *Laurie Macdonald Defenders of Wildlife Florida Fish and Wildlife Conservation Commission -59- *Candace Martino U.S. Fish and Wildlife Service Matt Osterhoudt Sarasota County Franklin Percival Florida Cooperative Fish & Wildlife Research Unit Barbara Jean Powell Everglades Coordinating Council *Doug Rillstone FL Chamber Commerce/Developers Assoc. Preston Robertson Florida Wildlife Federation Vicki Sharpe Florida Department of Transportation Arnette Sherman West Volusia Audubon Society Stan Simpkins U.S. Fish and Wildlife Service Parks Small Florida Department of Environmental Protection Caroline Stahala U.S. Fish and Wildlife Service *Tony Steffer Raptor Management Consultants Andy Stevens Charlotte County Becky Sweigert Lee County Tim Telfer Flagler County Kim Trebatoski Lee County Tom Trettis Wilson Miller Engineering Christina Uranowski Osceola County Carol Wehle South Florida Water Management District *Lynda White Audubon of Florida *Julie Wraithmell Audubon of Florida -60- Florida Fish and Wildlife Conservation Commission QfA ,.- WATJOR- have: made their. i pl :.aa: Ow he6rfi d. 1. ``S+ t8r Bay.: These b z ?ti vrneefaoi of . humanxtencs- .iud .. ani 1?1 m . on the; , scraps` t'h? D*zI thy, Is, U . . ,nom#zrgoa, rind. iu thezr nit .axe,.iVo ,ew 0,101. T : i ? e i#tI birdq lie staxvui . dayasr : a s i x ine P used Uteir mother for- a Wit;` r zzc sh' hes. a biu dle of inled feathers . 'f vv l In :tfus tijx?s t jts ah ::,! ,. ex toi d . ? -n hs s ?: fl .magi an the street. still lxexe fl: H yew love s ? ::0f??ht ...l' , ..:. t WhO,:cazlnot but wr ment an x(ute. V j x8 inc3'.` a arF?. to duk -Place in ttcis coiu6 crni;in a]I;Y, :.titgle :bit less Ic)vely place !Or some ! s.b '3iti =i 3?v?::zxx _1R-C%Q: Tile sore "Armless ?rilrl is . ?: f ut?cce3,s?az'ilq killc?t:::: ' 1- ... , iuI"RTLE BETS. Duntiad-Ii rae Dunedin r ., I; IR-1 iR u, . bI? ,.?f`he :lmerif;an eagte, emblem rat. aux' V71, ts.. Su ?ptxas '.ta b?':tix?a ectaet3 by botlf Peeter l anc3 w t? l E._.:?ngrieorr belie : ult'r ILUQ vs who -sh the , t91I"? .- 7? r 6 o? THE WILSON BULLETIN A QUARTERLY MAGAZINE OF ORNITHOLOGY Published by the Wilson Ornithological Club 1947 Number 1 Vol. 59 MARCH ISSUE Pages 1-68 MIGRATION AND NESTING OF FLORIDA BALD EAGLES BY CHARLES L. BROLEY PREVIOUS to January 1939 few Bald Eagles (Haliaeetus 1. leuco- cephalus) had been banded in Florida. The Florida Bald Eagle was considered non-migratory and was regularly recorded as a permanent resident of the State. In 1938, Richard H. Pough, of the National Audubon Society, suggested that I band a few eagles as an experiment, and during the eight years, 1939 to April 1946, I banded 814 Bald Eagles along the Gulf Coast of Florida-practically all in January and February, a few in March. Meanwhile, I kept a year-by-year record of most of the nests in the banding area, which extended from Her- nando County south to Lee County. MroRATrow DATA In 1939 I banded 44 eagles. To my surprise, one of the first re- coveries (May 8, 1939) was made at Columbiaville, New York, more than 1,100 miles from the place of banding. During the following years (up to April 1946), reports of recoveries, numbering in all 48, came in rapidly from 17 States and Provinces (Map 1; Tables 1 and 2). Seven of these birds were recovered at the nest or within a mile of the place of banding; but more than a third were recovered at least a thousand miles away; and one, more than 1,600 miles away (Kings County, Prince Edward Island, June 1, 1941). As can be seen in Table 2, there were no recoveries north of Florida in the months of January, February, or March, and none in Florida be- tween June and October in any year-indicating that at least immature Florida Bald Eagles spend late summer and early fall in the north. It seems reasonable to assume that the Georgia recovery in November and the South Carolina recovery in December were birds taken while on their way back to the south. A comparison of the dates of banding with dates of recovery in Table 1 shows that some young eagles reach Canada within a few weeks of learning to fly. For example, a bird from Nest 35 was banded at MacDill Field Army Air Base, Tampa, on February 25, 1942. Since it WANDERING TATTLERS NeterOSMIUs incanus Two downy young females, collected at the edge of a small mountain pool at the headwaters of the AW River (altitude, about 4.000 feet). British Columbia, on July 11, 1944. The parent more closely attending the young was collected and proved to be the female; the male was more shy. The downier, when discovered at the edge of the pool, readily took to the water and swam out a short disfame but soon returned to the shore. From a painting by T. M. Shorn. 4 THE WILSON BULLETIN Uarch 1947 Vol. 59, No. 1 TABLE 1 RzcovEisi-?Es * or FmxwA BALD EwLw, 1939-Arxxx. 1946 t RECOVERED PARTICULARS BANDED (FLORIDA) 26 FLORIDA Bradenton Bradenton 16 Feb 43 17 Feb 45 Pd. dead Shot Bradenton Bradenton 8 Feb 43 Mch 44 23 1 near Largo 29 Mch 39 Pd. dead Largo 8 4 26 392 l4 Palma a 1 Apr 42 Pd. wounded Bradenton 39 M 4 Newberry Sumner $ May 39 15 May 39 Shot Fd. injured Largo Largo 4 27 Feb 39 3 34 Tampa 19 May 44 Pd. dead Tampa 11 Feb 44 6 Tampa Lakeland 20 May 39 1 Nov 44 Killed Pd. dying Gibsonton Osprey 12 Feb 39 3 Feb 44 N 23 Sarasota 26 Dec 43 Shot Sarasota 2 Feb 42 31 GEORGIA Statesboro Mouiac 20 Apr 44 26 Apr 45 Shot Shot Ruskin Aripeks 29 Jar. 44 23 Fet 45 10 9 Swainsboro 22 May 40 Pd. dead Crystal Beach 22 Feb 40 15 Hillwa 7 May 41 Shot Pla" 18 Feb 41 41 Alma 1 Jue 44 Captured Placida 15 Feb 44 6 Feb 42 20 Recta 26 Nov 42 Gibsoaton 44 MISSISSIPPI Meridian 21 Jly 45 Fort Myers 13 Feb 45 38 S. CAROLINA White Pond Moncks Corner 23 May 44 29 Jly 43 EFd.dead Bradenton St. Petersburg 23 Mcb 44 19 Jan 43 24 27 Whitehall 7 Dec 43 Bradenton 10 Feb 43 17 N. CAROLINA Roxboro Fremont 8 May 41 11 May 43 apured CmAured Placid& Englewood 18 Feb 41 411 17 Feb 10 ti Catawba 27 May 40 Idled New Port Richey M? 40 9 3 Feb 40 8 Creswell 29 Jly 40 Killed Largo - 4g VIRGINIA Widewater Apprr 46 Band found h Placida L 20 Jan 46 4 Mch 39 5 Weblut Point 30 May 39 ot S argo ,33 PENNSYLVANIA Ringtown Ssnng6eld N 3 Joe 44 29 ly 44 Pd. dead Pd. dead Sarasota Venice 2 Feb 44 18 Feb ? 35 . an-Delaware wn e Sb 18 Aug 44 Pd. wounded St. Petersburg 29 30 - a e 32 INDIANA New Castle 27 Apr 44 Shot Largo 1 Feb 44 45 H.LINOLS Homer dota M 16 May 45 30 Aug 43 Shot Shot Bocagrande Englewood 15 Feb 45 16 Feb 43 47 en 16 CONNECTICUT 5toniugton 15 Apr 41 Shot Placida 18 Feb 41 25 NEW YORK Fort Terry 4 May 43 Pd. dead Ruskin 27 8 4,3 39 2 Columbiavitte 8 May 39 Shot St. Petersburg 2 2 an et 45 43 Pine city 21 May 45 Shot Largo 42 MICHIGAN Grass Lake 14 May 45 Shot crystal Beach 24 Feb 4$ 22 MAINE Burnham 20 Aug 42 Pd. dead St. Petersburg 21 Jan 42 2 QUEBEC La 8t T s t M 4422 twounde Shd d awn Rs 2 a Jan 42 1 c a CO. eea i ay o 18 21 N. BRUNSWICK Leger Brook M21bank 23 May 42 15 Jly 42 Shot Pd. dead Tampa Bradenton 25 Feb 42 1 2 Jan 28 Chipman 20 Aug 44 Shot St. Petersburg 12 F b 43 37 NOVA SCOTIA Halifax to Jae 44 Fd. dead Ruskin 25 Feb 44 21 Feb 44 36 E. Jeddom Yarmouth Co 24 Jne 44 19 Sep 42 Shot Shot Tampa Ruskin 7 Mch 42 19 - . Halif- Co. 18 Oct 43 Shot St. Petersburg 5 Mch 43 1 3 PRINCE EDW. ID. Icings Co. 1 Jne 41 Shot Largo 8 Feb 41 • Arranged from south to cweW by State and Province. t Figures in column 1 represent band numbers. Charles L. MIGRATION OF BALD EAGLES Broley was then four weeks old, it would first have been able to fly about April 15. Observers at the Base last saw it on April 21. It was found shot at Leger Brook, New Brunswick, nearly 1,600 miles away, 32 days later (May 23). A study of Table 1 also shows that with only two exceptions the birds were recovered within a year of banding, one of the exceptions being a bird banded February 17, 1941 (at Englewood, Florida), and captured May 11, 1943 (at Fremont, North Carolina), when more than two years old. Table 3 shows the number banded each year and the number of these recovered up to April 1946. Since I have been able to band but one adult eagle, and have not been in Florida between May and September, I can make no definite statement concerning the possible migration of adult birds. However, for five years I have had the assistance of 20 or more reliable observers who live near or even within sight of nests in my banding territory. Raymond Conway, of Placida, who patrols a 28,000-acre tract twice a week, kept the following record of adult eagles seen during July and August between 1941 and 1945: 1941-0; 1942-2; 1943-1; 1944- 0; 1945---0. Early on the morning of September 7, 1944, he saw 27 adult eagles sitting about in dead trees on an island not far from his house-the first eagles he had seen that year since June. Mrs. Reagle, at Nest 69, one mile south of Sarasota, reports that the birds, absent during late summer, returned on September 12 in 1942, September 5 in 1943, October I in 1944, September 3 in 1945. Mr. and Mrs. G. W. Marett, of Sarasota, live 400 feet from an eagle's nest. They report that TABLE 2 RecovxR= ov FLORIDA EAOLr-s aY LOCALITY AND MONTH, 1939 To AmL 1946 Jan. Feb. Mch. Apt. May Jne. Jly. Aug. Sep. Oct. Nov. Dec. Totals Florida 2 1 1 4 1 1 10 Georgia .. .. .. 2 2 1 1 6 Mississippi 1 1 South Carolina 1 1 1 3 North Carolina 3 1 4 Virginia 1 1 2 PeDasylvania ] 1 1 3 Indiana .. .. .. ] 1 Illinois 1 1 2 Connecticut 1 1 New York 3 3 Michigan 1 1 Maine .. .. .. .. .. .. 1 .. .. .. .. 1 2 Quebec N B i k 2 1 1 1 3 runsw c ew Nova Scotia .. .. .. .. 2 1 1 4 Prince Edw. Id. I 1 Totals 2 1 6 19 --s F5 4 1 ri 2 2 48 1947 THE WILSON BULLETIN 1 arch Vol. $9, NO. 1 on May 14, 1944, 45 or 50 eagles came soaring over their house and took ,their,, eagles away in a northerly direction; they did not see the eagles again until September 18. On August 1, 1945, Roger Tory Peter- son and Frank McCarney visited Merritt Island on the east coast and were unable to find a single eagle in a whole day's search. Reports from others similarly indicate absence of eagles during July and August, with some time in September as the average date of return. Several concen- trations of birds in September (presumably returning migrants) have been reported to me. A study of the Hawk Mountain Sanctuary Association reports of Bald Eagles moving south shows that the great majority of the birds go over in September. The counts * for 1941, for example, were: September-41, October 6, November 3; for 1942: September---60, October-5, November-6. September is too early for northern Bald Eagles to migrate south. The eagles of Leeds County, Ontario (north of the St. Lawrence River, across from New York State), remain there through November and December until the freeze-up of the lakes. Three recoveries from the 29 eagles I banded in Leeds County indicate a late migration: Sent County, Maryland, December 22, 1941; Bridgeport, Tennessee, December 12, 1943; Mehoopany, Pennsylvania, October 17, 1946. It seems probable, then, that the eagles seen over Hawk Moun- tain in September are not northern birds but southern birds returning to the south. Near Largo, Florida, I have noticed a definite concentration of eagles about the last week of March each year. Some 40 or 50 birds then frequent a large field, chasing each other around on the ground and among the trees. In 1943, I counted 29 immatures and 5 adults. Of the 29 young birds, only one wore a band. Since I had combed the area thoroughly for nests, 28 of these birds probably came from districts outside my banding territory, and this, taken in connection with the dates of the northern recoveries (Table 1) suggests that the regular movement north begins by April. With the exception of two recoveries made in Indiana and Illinois, the recoveries up to 1945 indicated a coastwise migration, through Georgia, the Carolinas, and Virginia. But in 1945 there were four in- land recoveries (Mississippi, Illinois, Michigan, and Pine City, N. Y.). A possible explanation for this is a change that year in the prevailing winds. W. W. Talbot, of the Tampa Weather Bureau, was kind enough to provide me with a series of charts showing that from 1939 to 1944 the prevailing winds at Tampa during April and May were from the south, moving up the Atlantic coast, but that in April 1945 a decided- change occurred, the surface winds coming across Florida from the At- lantic and then swinging north into the Mississippi valley. * "Hawk Mountain Sanctuary Association News Letter," 1942, 1943. Cbm"L MIGRATION OF BALD EAGLES Brdw TABLE 3 Reoovlswj OF FWRMA Barn Eaores, 1939-Ap= 1946 Number Recovered banded by Apr.'46 1939 ........................... 44........................... 6 (13.6 ) 1940 ........................... 73........................... 4 ( 5.4 70 1941 ......................... 79........................... 5 ( 6.3 ) 1942 ..........................110........................... 8 ( 7.2 1943 ..........................124.......................... 7 5.6 1944 ..........................128..........................:12 9.3 1945 ..........................106........................... 5 4.7 ) Totals+ ....................664............................ 47( 7.0%) + In 1946, 150 eaoes were banded, one of which had been recovered by April 1946. Map 1. Recoveries of Bald Eagles banded in Florida, 1939-April 1946. 8 THE WILSON BULLETIN 1947 Vol. 59. Na ! NEsTiNo Distribution of nests. The Gulf coast area of Florida from Her- nando County south 164 miles to Bocagmude, Lee County, is probably the most densely populated eagle nesting area in Florida; * it holds at least 140 active nests. The majority (about 80 per cent of the total) are in coastal areas, close to the Gulf or at least within two miles of the coast, and commonly within a mile or less of each other. The others are distributed through, the interior; they are usually near small lakes and are 8 to 15 miles apart. Many old, unused nests are scattered through the State, -but these disintegrate in 7 or 8 years, owing to high winds, or are torn apart for sticks to build new nests or to repair active ones. I was able to follow in some detail the history of 101 nests, which were distributed by counties as follows: Hernando-2; Pasco--3; Pinellas---31; Hillsborough 21; Manatee--14; Sarasota---19; Char- lotte---9; Lee---2. On 49 nests my data are fairly complete for the full eight-year period, and their history is summarized in Table 4. Nest sites. Of the 140 nests under observation, 134 were in Florida long leaf pines, 4 in cypress, and 2 in black mangroves. However, dur- ing the past four years, Army demands for lumber have taken a tre- mendous toll of the pine all through the State, leaving many areas with- out any trees large enough for eagles' nests, and a number of eagles are moving inland into the dense cypress swamps, building their nests among the heavy masses of Spanish moss, where they are almost im- possible to find. Of the four nests known in the cypress, I have banded the young in only three. The fourth can be seen from a hill half a mile away, but once I enter the swamp, I have been unable to find the nest because of deep water, tangled undergrowth, and the abundance of cottonmouth snakes. Nest sites in these cypress trees are always very high-the three nests in which I banded the young are 90 to 125 feet from the ground. The two nests in the black mangroves are situated on Bocagrande Island, which is five miles from the mainland. One nest is 15 feet from the ground, the other somewhat higher. Three or four nests are built in trees within a town or city; one nest, in Sarasota, is no more than 100 feet from residences. Nesting territory. A pair of nesting eagles appear to require, as a rule, a territory extending about half a mile on all sides of the nest, and they chase off all intruders (which, very frequently, are immature * On M.,ch 1 and Z. 1946, I made a survey of a portion of the east coast, ia- vestigating Merritt island and Brevard County with particular care, since reports from various sources had led me to believe that I would And a concentrated nestlna area In Romll this district. 37 occupied nests were found (1932, there P. o 1Decernber 19so, most of them being states that on Merritt Island." I could find only 6 nests on the island and none on the mainland of Brevard County. There is reason to think that heavy collecting) of eagle eggs rs the cause of this great decrease in the population. PLAn s Adult Bald Eagle leaving the nest. Sarasota, Florida. February 9, 1946. Photo by Roger T. Peterson, courtesy of MJ8 PLATT 3 Young Bald Eagle at the time of leaving the nest (eleven weeks old). placida, Charlotte County, Florida. February 8, 1946. 11hoto by Roger T. petemon, courtesy of Taff chutes L. MIGRATION OF BALD EAGLES 9 Brulcy eagles---possibly offspring of former years attracted back to their birth- place). However, in a few congested nesting areas, the territories are smaller. There are two localities where three active nests axe placed within a thousand feet of one another. A curious exception to terri- torial exclusiveness (recorded below under "Factors Affecting Survi- val") occurred in 1946 when a pair of eagles shared a nest with a pair of Great Horned Owls (Bubo virginianus). Eagles show very strong attachment to a chosen territory. When a pair lose their nest or desert it after a disaster, they nearly always choose a tree close by for their new nest. Even if they move a mile or so away, they usually continue to feed on the old hunting grounds adja- cent to their former nest site. Frequently I have seen eagles, rather than leave their territory, take a tree quite unsuited to their purpose, either a very weak tree or one with a very poor crotch; they sometimes build the nest right on top of a tree, on branches too weak to support it, but such nests seldom last more than a year-they go down in the first heavy wind. A pair may remain in their territory after loss of their nest tree even if it is impossible to nest. The tree holding Nest 41, at Gibsonton, was cut in 1943, and no other tree near by was at all suitable for an eagle's nest. The pair remained in the vicinity without nesting for two years. This also happened at Nest 52 (Ruskin). It is remarkable how much disturbance may occur around a nest without causing the eagles to desert. Nest 35 is near Tampa on Gads- dens Point, which was taken over by the Army Air Forces in 1941. In 1942 a bombing target was located close to the nest, and planes cut in from all sides to drop their bombs, but the eagles remained. In 1944 all the trees around the nest tree were cut; bulldozers and tractors created a constant disturbance near by; and daily target practice continued. Still the eagles remained, although they did not nest after 1943. Nest 21A was five miles from St. Petersburg, overlooking the Gulf, in what is known as the "Jungle." Construction of a house within 120 feet of the nest tree was in progress in 1941 when the eagles reclaimed their nest for the season. They came to the nest every morning at dawn but left when the workmen arrived and did not lay that season. The following season, at my suggestion, the house owner suspended work during most of October, and the eagles became established again, nest- ing successfully every year through 1944; then their nest was destroyed by the hurricane, and they did not rebuild that season. In 1946 they nested a half mile away. Eagles usually desert a nest after a disaster. For example, in 1941, the young in Nest ,8 (near Clearwater) were killed by an owl, the young in Nest 40 (Gibsonton) were taken by men, and I found a dead young below Nest 81 (Englewood) ; in 1943, the eggs were taken from Nest 13A (Belleair) ; all of these nests were deserted. At Nest 22 (St. Petersburg), on the other hand, the eggs were taken by boys in 1944, and the eagles did not nest at all in 1945, but used the same nest again 10 THE WIISON BULLETIN W"9° 19 Vol. 59, No. i No. in 1946. Oocasionally a pair will move back to a nest they have de- serted. The eagles at Nest 65A (Bradenton), disturbed by army activi- ties in 1943, moved to Nest B in 1944. The tree in which Nest B had been built was cut after the one nesting season, and in 1945 the eagles moved back to Nest A. Very rarely a nest is deserted without apparent reason. Nest 80A (Englewood) was deserted in 1944 after at least five years of successful nesting, and as far as I was aware the eagles had in no way been dis- turbed. Sometimes a nest will not be used for a year, or even several years, the eagles remaining about the nest and using it as a feeding place, but apparently making no attempt to nest. Nest 1 (near Aripeka) was vacant from 1941 through 1944, Nest 2 (New Port Richey) in 1942, and Nest 5 (near Tarpon Springs) from 1942 through 1944. I was quite sure these eagles were not nesting elsewhere. Nest building. When the birds return to their nesting trees, the last weeks of September or early in October, they immediately look over their eyrie and begin to repair it--ter, frequently, to make substantial additions (one to two feet in a season). Nest 2, at New Port Richey, was in use from 1904 to 1943; then the tree was cut. Nest 23, at St. Petersburg, has been in use since 1910. Nest 13A (Belleair), 10 feet high in 1939, was 14 feet high by 1943 when it was deserted be- cause the eggs were taken. The nests of Florida eagles are in general much deeper than northern nests; the largest nest I know of in Ontario is 8 feet wide and 8 feet high; the largest nest in Florida (Nest 23, at St. Petersburg--Perhaps the largest in America) is 20 feet deep and 91/z feet wide. The size and shape of a nest depends to a large extent on the kind of tree in which it rests. In many of the Florida pines, the crotches are very deep, giving good support to the nest, which can be built higher and higher each year. Most of the Ontario nests are in elms, which have outspreading crotches, and the nests tend to be wide rather than deep. This is also true of nests built in the outspreading crotches of Florida cypress trees. My widest Florida nest is in such a cypress, an immense tree with a girth of 22 feet. The nest, placed 115 feet from the ground, is 10 feet across, 5 feet deep. From the ground, it is very difficult to determine what a wide nest such as this contains. In most nests when the eagle is incubating, the white head can be seen over the top of the nest; when the eagle is brooding, its raised wings are visible; thus the nest's history can be followed even from the ground. But if the parent bird is in the middle of a very wide nest nothing at all can be seen. In 1945, I found a very unusual nest, a new one built after the 1944 hurricane had destroyed the pair's regular nest. Halfway up a pine tree the branches spread out in all directions from the 14-inch trunk, and the nest was built around the trunk like the circular seats one sees at fly L. MIGRATION OF BALD EAGLES 11 in hotels and railway stations. It was a large and well-secured nest, ex- tending three or four feet out from the trunk on all sides. The eggs are laid in a small well-formed cup, of Spanish moss or grasses, usually placed toward the center of the main nest-structure. This cup measures, on the average, 20 inches in diameter. In Florida, eagles sometimes cover the eggs with lining material in the period be- fore they begin incubating or during absences from the nest after in- cubation begins. More lining is used in Florida nests than in those of the north, owing, perhaps, to the abundance of Spanish moss, which hangs everywhere in tremendous masses. During all stages of incuba- tion and care of the young, the adults continue to bring in liberal quan- tities of this moss, which helps to keep the nest clean and sanitary, burying dead fish and other refuse. In 1941, at Nest 65 (Bradenton), 14 inches of moss was deposited in four weeks. In the nest was one young bird, four weeks old. Fourteen inches down in the moss was an addled egg. Since it was a new nest that season, the bad egg could not have been one left over from the previous year. The nesting season. In Florida, certain eagles, "early nesters," begin laying the first week in November; others, "late nesters," in mid-Decem- ber. During my years of banding I have found that individual birds are usually consistent in nesting either early or late. Some nests I must visit early in January or the young will have left; others I do not visit until late in February because the young are never large enough to band before the end of that month. The eagles at Nest 91 (Myakka) are ex- tremely late nesters, the young being still, too small to band even in April. Generally speaking, my banding period begins about January 5 and ends March 5. Defining birds with young large enough to band before February 10 as early nesters, and others as late nesters, I found that early nesters produced two young much more frequently than late nest- ers did. I have found many addled eggs in late nests, but my data are insufficient to determine whether late nesters lay fewer eggs or merely fewer eggs that are fertile---or whether other factors operate to reduce the number of young in late nests. In 1945, in a tree near the sand flats south of Punta Gorda, I found a nest with an unusual lining. Quantities of shredded colored paper, of the type used in packing dishes, had drifted or blown ashore and lay in piles four to five feet deep. The eagles had used it liberally as lining material for the nest, which, with the long streamers of all colors hang- ing down from it, had a most bizarre appearance.* V In Florida, eagles are in bbe habit of picking up odd articles and carrying them to their nests. Among the objects we have found in eagles' nests are the following: electric light bulb, Clorox bottle, snap clothes pin, rubber shoe, child's dress, gunny sack, sugar bag, ear of corn, many shells, white rubber ball (which an, eng'e was "incuhating" six weeks after its young had batched), a fish plug, and a 70-foot fish line with hook attached (the last-named object perhaps brought to the nest with fish). 12 THE WILSON BULLETIN March 1947 Vol. 59, No. 1 TABLE 4 Nam of Fr oRim BALD EAmn, 1939-1946 1939 1940 1941 1942 1943 1944 1945 1946 yg HERNANDO CO. 1, nr. Aripeka 2 yg' 2 yg - - -- - 2 yg 2 yg $ PASCO CO. 2, New Pt. Richey A)2 yg 2 yg 2 yg - 2 yg B)1 yg 2 yg C)1 yg 12 Tree Tree cut burned PINELLAS CO. 4, Crystal Beach - 2 yg Owl 1 yg 2 yg 2 yg 2 yg 2 yg 11 5, nr. Tarpon Springs 1 yg 2 yg 1 yg 2 yg 1 yg 7 7, Dunedin 2 yg 2 yg 2 yg 1 Yg [e] 1 yg 2 yg Owl 10 1[e) 9, Oldsmar A)2 yg 2 yg Owl 1 yg 2 yg B)1 yg 1 yg 1 yg 10 1[e] Tree cut 13, Selleair A)1 yg 2 yg 2 yg 2 yg E s B)2 yg 2 yg 2 yg 13 14, Largo 2 yg 1 yg 1 yg -- tIn I yg 2 yg 1 Yg 1 Yg 9 1[e] 1[Yg1 15, A)1 yg 2 yg 2 Yg 2 yg Tree B)1 yg -- 2 yg 10 16, " A)2 yg Owl B)2 yg 2 yg 1 g y 1 yg C)- Owl $ 1[e] Nest fell 101, A)2 yg 1 yg 2 yg B)2 yg 2 yg 2 yg C)Nest No 11 Tree Nest lke? nest cut 2 feu 21, St. Petersburg A)2 yg 1 yg 2 yg 2 yg yg B)2 yg 11 1[yg] fell 22, yg 1 yg 1 Yg 1 yg 1 yg Eggs t k - [e] 5 23, 2 yg 2 Yg 2 Yg 3 Yg 2 YB a en 3 S 2 Yg 19 , 2 1'g A 2 Yg 2 Y9 2 yg 2 Yg On*1 g B)- - 10 33 1 A 2 yg Tree B)- 2 yg 2 yg 1 yg 1 yg 1 yg 9 29, nr. Largo 1 yg cut 2 yg 1 yg 2 yg 1 yg 2 yg 2 yg 1 yg 12 1(e] EOI SBOROUGH CO . 34, Tampa - A)2 yg 2 yg 2 yg 2 yg - B)-- -- 8 35, - 2 yg 2 yg 2 Yg 2 yg - - - $ 36, 2 yg 2 yg 2 yg 2 yg 2 yg 2 Yg 2 yg Adult 14 shot 37, it [e] ]e] [e) [e] [e] - - - 0 40, Gibsonton A)2 yg 2 yg 2 yg B)2 yg 2 yg 2 yg [e] 1 Yg 13 taken 46, Ruskin A)- --- - 1 yg 2 yg B)2 yg 3 yg 2 yg 10 Tree 1[e] 47, " lei [el [e] [e1 (e] Tree 0 4$, A)2 yg 1 yg 2 yg 1 yg 2 yg Owl cut B)1 Yg 1[ygl 9 fell 49, A)- 2 yg Tree B)- - C)2 yg [e] 1 yg 5 fell Nest fell 51, 1 yg 1 Y8 2 yg 2 Yg - - 1 Yg 8 1[YgI Charles L. MI GRAT ION OF BALD EAGL ES 13 B,oley TABLE 4--Continued Nw rs of F LOWMA B= EAGLES, 1934- 1946 ' 1939 1940 1941 1942 1943 1944 1945 1946 Y9 MANATEE CO. 54, ur. Ruskin yg A) l - B)2 - [e] 2 yg - 2 yg ly Bradenton 55 cut A)2 yg 1 yg 1 yg Tree B)2 yg 2 yg - 10 2 Yg , 60, « 1 yg 2 yg - fell 2 yg 2 yg I yg 1 1 Yg lei 2 yg 11 - g 62, 63 ' yg A)2 yg I yg 2 yg 2 yg 1 yg A) Ow - 2 yg 2 yg - 12 2 yg 64, 1 yg 2 yg B)2 yg 2 yg 2 yg - 2 yg 1 Y8 2 yg 12 SARASOTA CO. Sarasota 66 AN yg 1 yg Neat B)2 [e] 2 yg C)2 yg 1 yg 10 , fell Tree 67, 2 YS 2 yg d? A 1 yg 1 yg cut 2 yg I Y9 9 , 68 2 yg 1 yg kM 2 yg 2 yg A ?? 2 yg 2 yg 2 yg 13 , k , 70, „ 2 yg A)2 yg 2 yg I yg > t B)2 yg 2 yg i 2 yg I yg I yg 2 yg l yg 2 yg - it 2 yg 12 72, Osprey A)1 yg es 2 yg l A)Ow ? 2 yg 2 yg 2 yg jr] 2 yg 12 751 99 1 yg 2 yg B) wl l yg 2 yg B)1 yg 2 yg 2 yg 1 yg 12 Tree 76, Englewood 77, , - 1 yg 2 yg 1 yg - 2 yg cut yg 2 ) 1 Yg 1 yg 2 yg 2 yg le] 1 yg lei 7 2 yg 12 78 •` A)2 yg Owl Owl ( Owl Owl Tie e 6 B)2 yg Tre , t fell 79, 1 yg 2 yg 2 yg 2 yg 2 yg 2 yg 2 yg (7Adnlt 13 shot) 80, 41 A)2 y g 2 Y$ 2 yg I yg 2 yg B)2 yg [e] - 11 CRARLOTTE CO. 92 Placida A)1 y g 2 yg 2 yg I yg B)2 y g 12 yg CA g , Tree lie] Il ] fell 83, „ - A)1 yg Owl B)1 yg 2 yg [e] I Yg Ile] 1 yg 6 86, , 1 yg 1 yg I yg 1 yg 1 yg 2 yg 1 Yg 8 1(el , 97 - 2 yg 1 yg 2 yg I Y9 - [e) 1 yg 7 , Ile] TOTAL YOUNG 61 y 1 69 yg 54 yg 69 yg 59 y g g 65 yg 46 yg 48 yg 71 ant was dash taken a indicates that rtht owners id not use the Meat that year; "Owl," that the n OwtL An a in brackets indicates eggs that failed to hatch; yg in brackets, young found dead in neat A), W. and C) indicate successive nests of the same pair; a drib after such letter indicates that the nest was built but not used that year. 14 THE WILSON BULLETIN March 1947 Vol. 59, No. I TABLE ! Nman oar Yovxo PRonmcm PER NFsT nQ 1?zoRmn, 1939-1946 Totals Number of young per nest 19 14 13 ' 12 11 10 9 8 7 6 5 0 471 Number of instances 1 1 4 9 6 7 4 7 4 2 2 2 49 Apparently it sometimes occurs that one egg is laid some weeks before the other. At Nest 34 (Tampa) there seems to be each year two or three weeks' difference between the ages of the two young. Also, at Nest 78 (Englewood), one young was much larger than the other, both in 1944 and 1945. Table 4 shows the number of young produced by each of 49 nests in the 8-year period; Table 5 shows the productivity distribution. Nest 23, near St. Petersburg, produced three young in 1942, 1944, and 1945; Nest 46, at Ruskin, produced three young in 1945, two young and one bad egg in 1946; these are the only nests in which I have found three young. The 49 nests produced an average of 1.2 young per nest per year. Nest 23 produced 19 young in the eight years, and there were no returns. By contrast, at Nests 37 (Tampa) and 47 (Ruskin), eggs were laid yearly from 1939 through 1943, but none hatched, and the history of Nest 14 shows an extremely low survival for the young. This nest is in a high pine overlooking an orange grove near Largo in Pinellas County. It is a mile away from any water. In 1939, two young were raised. They were banded on March 4 and both shot the following May (one, May 8, in Florida; the other, May 30, in Virginia). In 1940, one young was raised, banded February 3, and killed July 29 (in North Carolina). In 1942, the pair did not nest (reason unknown). One young was raised in 1943, two in 1944. In 1945, one young and one addled egg were in the nest. on February 2, the young only four days old. When I returned to band the bird on March 2, the nest was empty. In 1946, the nest contained one living, and one dead, young. Table 6 lists the number of nests observed in detail each year with the number of nesting failures and their causes. FAcros AFFECTING SURvrvAL Availability of suitable nest sites. In my eight-year survey of the area, active nests have shown little change in numbers except where timber has been cut, forcing the birds to move elsewhere. When these birds remain in the pine woods area, the new nests can be found without much trouble, but sometimes the eagles move 5 to 20 miles inland to the cypress swamps where it is almost impossible to find them, and thus the population may show a decrease in one area without showing a corresponding increase in another where a nest census is more difficult. If lumbering activities should continue in the same volume as from 1941 to 1945, large areas of many thousands of acres will be stripped Broom L. P N .w A w F z 09 1?1 w O V MIGRATION OF BALD EAGLES is O ?o q N y v s 3 Q « Y w? M N a7 ?+ '?+? ?i O? ?+ N ap a0 .i ?? N .ai n m 4 0 0 ev eq %0 O 10 O C O C D O R ?o ti b? V, p O p O O 0 Q 0 0 0 0 0 !? N O !? h« 0 0 0 o o d N .r, m w O o ?0 b -+ a" a d N O 4r M- H O O W7 I *00O-,a«o u,O"') OaCD a p Ln 0Q0 r? N7 M R v N f woMOOOO..•no•,ocOa? I? ? n 6? g ?g? $ b y C F I ? 16 THE WILSON BULLETIN March 1947 Vol. 59. Na. 1 of all trees suitable for eagles' nests, which require a strong crotch to hold them. Further details on this problem are given above in the section, "Nesting Territory." Food. There is an abundance of many kinds of food for eagles in Florida the year round. The Gulf waters teem with fish, and I have at times found the nests full of fish, most of them of coarse varieties. One day I counted 19 fresh fish in one nest, 20 in another. When the tide goes out quickly ahead of a strong wind, it frequently leaves thousands of fish of all sizes trapped in shallow water-holes scattered over the sand flats, and then there is practically no limit to the number of fish an eagle may carry to its nest. Nest 2 (near New Port Richey) is in timber owned by Mr. Odell Osteen, a commercial fisherman. The eagles frequently await his arrival from the Gulf and swoop in at close range to retrieve the fish he throws them. Mullets and catfish are the kinds most frequently found in nests, though trout, jackfish, needlefish, eels, and other species are also found. Catfish furnish most of the food, and since they are not a table fish, the economic loss is negligible. Turtles are also a common food. Only twice, in banding 814 young, have I found remains of hens or other poultry. On one occasion I tethered a half-grown chicken at the foot of one nest tree and, after an interval, at the foot of another. I hid in blinds previously constructed, hoping to get a photo of the adult birds taking the chicken. I could distinctly see the eagles watching the fowl, but they made no effort to take it. However, certain eagles are apparently partial to wild ducks and other birds. I found a notable amount of bird remains at Nests 35 and 86 though not at other nests, and I list the following, not as typical, but as very exceptional, ex- amples of nest contents: Nest 17 (Largo), 1945-1 Brown Pelican (Pelecanus occWntalis), 1 Cormorant (Phaktaocorax axrifus). Nest 35 (Tampa), 1940--42 wings of Scaup Duck (Aythya sp.); remains of Scaups every year. Nest 86 (Placida), 1940--3 Scaups 1941---1 Scaup, I Great Blue Heron (Ardea herodias) 1942-2 Great Blue Herons, 2 Brown Pelicans 1943--2 Great Blue Herons 1944---2 Great Blue Herons 1945--1 Great Blue Heron, 1 Cormorant Nest 93 (Lutz), 1945---1 small pig, 1 soft-shelled turtle, 1 domestic fowl, 1 catfish. It has been, generally thought that eagles take young pigs, but Nest 19 (Largo) was close to a large piggery, and the owner never lost any pigs to the eagles. It is near this piggery, too, that early in April, 30 or 40 eagles, mostly immatures, gather before the northward movement PLATE 4 ?T by Roger T. Peterson. courtesy of Lilo. Bald Eagle bringing food to the nest. Gibsonton, Florida. February 7, 1946. Bald Eagle four and a half weeks old. Ruskin, Florida. February 12, 1946. clarlesL. MIGRATION OF BALD EAGLES 17 Broley The only pig I have ever found in a nest was the one in Nest 93, which is close to a highway. The pig may have been killed by a car and re- trieved by the eagles. Each year several raccoons are found in the nests. In 1945, four out of the first seven nests examined contained the remains of half-grown raccoons, which apparently had been taken alive by the eagles. (Since the hides were there, the animals had not been killed by trappers.) I made no attempt to keep a complete record of all the remains of mammals and birds found in the nests, but the following were noted: raccoon, opossum, skunk (one only), shoat (one only), rat, rabbit, Pied-billed Grebe (Podilymbus podiceps), Brown Pelican, Cormorant, Anhinga (Anhinga anhinga), Great Blue Heron, Snowy Egret (Lewo- pboyx thula), Louisiana Heron (Hydranassa tricolor), Little Blue Heron (Florida caerulea), Scaup Duck, Red-breasted Merganser (Mergus serrator), Florida Gallinule (Gallinula chloropus), American Coot (Fulica americana), gulls (spp.), Flicker (Colaptes auratus), domestic fowl (2 only). In nearly every nest there are epiphytes, about the size of an average pineapple. Often they look as if the birds had been eating them--the long leaves, especially at the base where they are tender, being ragged and torn. The abundance of food found in Florida nests is in marked contrast with my findings in Ontario nests, limited to one large calico bass. Great Horned Owls. Great Horned Owls are very plentiful in Flor- ida and cause considerable disturbance among nesting eagles. They are very aggressive and take over many eagle nests about the time the eagles are ready to lay. The owls sometimes become established in the nests during the eagles' absence in late summer, and they may even have eggs by the time the eagles return. Once the owls are established it is difficult for the eagles to reclaim their nests, and I doubt if many eagles make a really serious effort to do so. In 1946, Great Horned Owls took Nest 7 (Dunedin) and raised young. The eagles frequently visited the nest and inspected the young owls, but they made no attempt to regain possession. If they built a new nest I failed to find it. Usually when displaced by owls, eagles do build another nest, but they seldom lay the same season. By the time they "decide" to build, find a suitable tree, and finish the nest, it is past their regular nesting time, and they do not lay. In one instance (Nest 16C in 1946), Great Horned Owls took over the nest after the eagles had been incubating 10 days. It is interesting that owls had taken over Nest A of this same pair in 1940 and Nest B in 1944 (although Nest B had been partly blown down). In 1939, near Tampa, I found a Great Horned Owl incubating one of its own eggs and one of a Bald Eagle. The eagle egg was in good condition, but unfortunately the tree was cut before the eggs hatched. On January 21, 1946, as r approached a nest, I saw the eagle leave the eggs and fly away. I climbed the tree, and as my head came level 1947 18 THE WILSON BULLETIN March Vol. S9. No. I p. with the tap of the nest, a Great Horned Owl whisked off close to my face. It had been sitting on its one egg not more than three feet from where the eagle had been incubating. The nest was on a slight slant, and the owl occupied the lower side of it. Developments might have been interesting, but heavy rains made the trails impassable, and I did not see the nest again that season. J. Warren Jacobs (1908, Wils. Bull., 20: 103-104) recorded a Great Horned Owl nesting in a cavity in the side of an occupied Bald Eagle nest. However, since the nest was 15 feet high and the cavity 4 feet from the bottom, this seems a case of sharing a nesting tree rather than of sharing a nest. Man. Egg collectors were gathering eagle eggs in Florida up to 1939, but since that date no permits have been granted by the State. To my knowledge, boys have robbed the nests of eggs only twice in the eight years of my study, and men have taken young from the nest twice. My returns from banded birds show only 10 eagles killed in Florida in the eight-year period. In the belief that eagles took young pigs for food, hog-raisers formerly rode the country, shooting all the young eagles they found, but I have not heard of this being done since 1939. On the whole, man seriously endangers the eagle population only through extensive lumbering and casual shooting. Ta-E FLORIDA HURRICANE OF 1944 The hurricane of October 17 to 18, 1944, caused considerable havoc among the eagle nests and was disastrous to nesting although it oc- curred four to six weeks before the usual laying period. I made my first survey of nests in 1944 about the end of November and found that all the nests had been more or less damaged; 18 nest trees had been blown down, and many nests had been blown out of trees. However, with one exception, every nest was rebuilt. (In most cases, the birds used the sticks from the nest that had been blown down.) The new nests were built in plenty of time for normal nesting, and I thought that nesting would be normal, but this was not the case. In 24 of the rebuilt nests no eggs were laid. In 21 nests where eggs were laid, they did not hatch although the birds incubated for two months. It was interesting to watch the birds toward the end of this 60 days of incubation. One bird would go to the nest, adjust itself carefully on the eggs, incubate about 15 minutes, then leave the nest. The other bird would then spend 10 or 15 minutes on the eggs and join its mate on an adjacent limb. They would remain perched there for half an hour before resuming sporadic sessions on the nest. These 45 nests under normal conditions would have produced about 54 young birds. Thus, one hurricane caused more loss through non- production than the mortality caused by man in six years (cf. the table of nest failures). Poultry men in the district reported to me that their hens did not lay for three weeks after the hurricane, and that the hens appeared to cbaaes L. MIGRATION OF BALD EAGLES 19 Hrwey have lost their desire to incubate. It was noted that no owls took over eagle nests that season; apparently the hurricane upset their sched- ule also. I am indebted to F. B. Hutt, Professor of Animal Genetics at Cor- nell University, for the following comments: "I know of no data on the effects of hurricane upon egg, production, or upon fertility of eggs in domestic fowl. However, it is common knowl- edge among poultry men that some disturbances, particularly the trans- fer of birds to new quarters, may cause a noticeable drop in egg produc- tion over a period of two or three weeks after the disturbance.... It is known that in hens which have ceased laying under the influence of un- favorable changes in the environment, the larger ova still attached to the ovary degenerate and are eventually resorbed. Is it possible that at the time of the hurricane, Oct. 17-18, 1944, the eagles might have had ova well advanced toward maturity? If so, their resorption and the development of new ova might have upset the normal reproductive cycle. "While such a disturbance of the normal physiological processes usually does not affect the egg laying in fowl for more than a couple of weeks, it might very well do so in a species like the eagle that nor- mally lays only two eggs in a clutch. An egg a dayas nothing much in the life of a good. domestic fowl, brut egg laying is a real event in tke life of an eagle, and the chain of physiological processes leading up to it may be a long one. "The role of bird psychology in these processes must not be under- estimated. It has been clearly proven by Benoit and others that repro- ductive activity of the avian ovary and testis results from stimulation by a gonadotropic hormone produced by the pituitary gland. While the pituitary may be activated by light, it is not improbable that other factors, such as courtship and nest-building, may play a part. One might venture to suggest that the rebuilding of the nests, particularly of such large nests as the eagle's, took so much time that the usual sequence of psychological states, and associated sequence of activation of endocrine glands were retarded. This could, lower both the number of eggs pro- duced and their fertility. The problem undoubtedly needs considerable study." RLAcTION$ OF EAGLES To BANDING OPERATIONS The proper time to band the young is when they are between three and six weeks of age. If they are banded before the age of three weeks, the bands slip off. Up to 7 or 8 weeks of age the young do not offer strenuous resistance to being handled, but from 9 to 11 weeks, it re- quires careful and experienced handling to avoid injuring the bird or being injured oneself by its talons. The young eagle seldom uses its beak when fighting, but will make use of it when both feet are held. The average Florida bird is much more aggressive and difficult to band than individuals of the northern subspecies. ,47 20 THE WILSON BULLETIN M'"& 1o. I Vol, 59, No. The most troublesome birds are those almost large enough to fly, which, on my approach, jump out of the nest and By or glide to the ground. Since they cannot take off from the ground, they must be returned to the nest to save them from predators and from starvation, for the parents may not feed them on the ground. I have been obliged to replace more than 30 of these large birds. I once found an 8-week- old bird at the foot of a nest tree. It appeared weak and underweight. I returned it to the nest, and it immediately began to devour a fresh fish that was there, paying no attention whatever to me. But as I reached the nest with this bird, its nest fellow jumped out and flew a considerable distance. I had some difficulty finding it and restoring it to the nest. On another occasion a young bird jumped from the nest and became entangled in a grapevine on a near-by tree. It required an hour to release it and return it to the nest. It immediately hopped out on a dead stub where its nest mate was perched, knocking its nest mate off the stub and losing its own balance, so that they both fell into the lake below. They quickly flapped ashore and were well hidden in the under- brush by the time I had descended the tree. When they were finally restored to the nest I had spent a total of seven hours there. The reactions of the parents while I am banding the young are varied. Certain individuals keep about 200 feet away, flying around and uttering disturbed cries. Others dive to within 10 feet of me. Still others sit on a high stub some distance away, watching proceedings, but apparently little disturbed. (These are often birds whose young I have banded for six or seven years.) Sometimes the adult pair have flown away as I approached the nest and not reappeared during my banding. Sometimes I band the young in a nest without seeing the adults at all. The eagles scream very rarely; I have never heard them scream while I was climbing the tree or banding the young. ACxNowLEpGEMENTs I gratefully acknowledge the kindness of friends who have assisted me in the field and in compiling this report. I first undertook the study at the suggestion of Mr. Richard H. Pough, and his help and encourage- ment during the eight years of field work have been invaluable. With the entrance of the United States into the War, permission to leave Canada with United States funds was severely restricted by the Foreign Exchange Control Board; each fall for four years, permission was granted me through Mr. Frederick C. Lincoln's solicitations to the Board, and I greatly appreciate his efforts, which made continuation of my study possible. Mr. Raymond Conway, of Placida, Florida, took me to many new nests in a 28,000-acre timber area he patrolled daily, and Mr. Guy Van Dyne drove me to several nests each year in the Myakka State Park. Many others made annual observations for me and were most helpful and hospitable on my weekly banding trips. DELTA, ONTARIO, CANADA Osr I would like to enter t e following into the court record. #1 Comparative Fecundity and Survival of Bald Eagles Fledged from Suburban and Rural Natal Areas from the Florida Fish and Wildlife Conservation Commission website. The study included Pinellas County. The study showed that eagles from suburban environments had a significantly higher mortality rate in the first year than young eagles from urban nests. The study suggests that the causes of death were from anthropogenic factors such as electrocutions and vehicles. It further states that encroachment around nests will negatively impact the eagle habitat. Text from pages 2 and 3 "We suggest suburban bald eagle fledglings were more acclimated to dangerous anthropogenic landscape features than rural eagles, and as such did not regard them with the same degree of caution once independent. Despite the difference in first-year mortality, population models suggest both groups are experiencing positive population growth rates." "Despite the continuing population increase, concem remains for the long-term welfare of the bald eagle in Florida because human development is increasing in occupied bald eagle habitat. Wildlife managers generally believe human encroachment and landscape alterations near bald eagle nest sites are deleterious, and that the closer such actions are to the nest, the more detrimental they are likely to be (Gerrard et al. 1975, Grub 1980, Fraser et al. 1985, Anthony and Issacs 1989, Wood et al. 1989, Buehler et al. 1991)." FINAL PERFORMANCE REPORT Bureau of Wildlife Diversi Conservation Project: Avian Biological Surveys Study: Comparative Fecundity and Survival of Bald Eagles Fledged from Suburban and Rural Natal Areas Federal Study Number: III-1-7 Period Covered: 1 October 1996 -15 September 2001 Prepared By: Brian Millsap, Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, FL 32399-1600 Tim Breen, Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission, 1239 S.W. 10th Street Ocala, FL 34474-2797 Libby McConnell, Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, FL 32399-1600 Tony Steffer, Raptor Management Consultants, 5203 Friar Tuck Ct., Tampa, FL 33647 Laura Phillips, Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, FL 32399-1600 Nancy Douglass, Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission, 3200 Drane Field Rd., Lakeland, FL 33811-1299 Date Prepared: Sharon Taylor, Bureau of Wildlife Diversity Conservation, Florida Fish and Wildlife Conservation Commission, 4005 South Main Street, Gainesville, FL 32601 15 September 2001 Abstract: We conducted a study to compare the reproductive biology, dispersal, and subadult survival of bald eagles from nest sites in suburban and rural landscapes in west central Florida Millsap et al. 2 from 1997 - 2001. Over this period, we carefully documented the reproductive outcome of 60 randomly selected suburban and 60 randomly selected rural bald eagle nest attempts, and we deployed satellite tracking packages (PTT) on 35 randomly selected rural and 35 randomly selected suburban bald eagle fledglings. Nest site occupancy varied among years, but averaged 90% for nests in both land-use categories. The onset of nesting varied inversely between suburban and rural bald eagle nests across years, but the overall mean start date was similar for both groups (11 December for suburban nests and 13 December for rural nests). Nests in both land-use categories raised an average of 1.3 young per occupied and 1.7 young per successful nest site to 8 weeks of age. Bald eagle fledglings from our study area migrated northward after dispersing from natal areas, with about 50% summering on the Chesapeake Bay and the remainder between there and Nova Scotia. Successful fledglings started northward migration earlier on average at rural nest sites (124 days of age) than at suburban nest sites (132 days of age). Survival of both groups was similar until dispersal (about 91 %), but during the first northward migration mortality of suburban fledglings increased disproportionately. At the end of 1 year, survival of rural fledglings was 88% compared to 62% - 76% for suburban fledglings (depending on how transmitters of uncertain fate are treated). Survival of the 2 groups equalized at 92% in year 2. Five of 6 suburban bald eagles for which the cause of death could be determined died from anthropogenic factors, primarily electrocution and vehicle collisions. None of the 4 rural bald eagles for which a cause of death could be determined died of anthropogenic causes. We suggest suburban bald eagle fledglings were more acclimated to dangerous anthropogenic landscape features than rural eagles, and as such did not regard them Millsap et al. 3 with the same degree of caution once independent. Despite the difference in first-year mortality, population models suggest both groups are experiencing positive population growth rates. INTRODUCTION Florida's breeding population of bald eagles (Haliaeetus leucocephalus) continues to increase in number annually, with 1,102 occupied nest sites counted in 2001 compared to 601 in 1991 (Nesbitt 1996, Nesbitt 2001). Despite the continuing population increase, concern remains for the long-term welfare of the bald eagle in Florida because human development is increasing in occupied bald eagle habitat. Wildlife managers generally believe human encroachment and landscape alterations near bald eagle nest sites are deleterious, and that the closer such actions are to the nest, the more detrimental they are likely to be (Gerrard et al. 1975, Grub 1980, Fraser et al. 1985, Anthony and Issacs 1989, Wood et al. 1989, Buehler et al. 1991). Management guidelines (U.S. Fish and Wildlife Service 1987) for the bald eagle prescribe set-back buffer zones around eagle nest sites accordingly, and these guidelines have proven effective in mitigating effects of development (Nesbitt et al. 1993). Increasingly, however, some bald eagles continue to nest, or establish new nests, in closer proximity to human habitations and disturbance (suburban nests) than the management guidelines suggest is acceptable. What is not clear is whether these suburban bald eagle pairs are anomalies, or evidence an inherent ability of the species to accommodate to increasing human development. This is more than an academic question, for if bald eagles are capable of accommodating proximate to development, the species' status might be more secure than is generally thought. Of equal importance, there may Mill-sap et al. 4 be relatively simple management options that can be undertaken around suburban nest sites to improve their value and permanence. This study aimed to determine reproductive and demographic characteristics of bald eagles occupying suburban nest sites in west central Florida, and to compare those with similar statistics for rural bald eagles from the same area. Specifically, we estimated nest site occupancy, clutch initiation dates, nest success, productivity, survival of fledglings to dispersal, and post-dispersal survival for a randomly selected subset of suburban and rural bald eagle nest sites in west central Florida from 1997 - 2001. The results shed light on the relative contribution of suburban bald eagle nest sites to the west central Florida bald eagle subpopulation, and identify potential limiting factors and management options for suburban eagles. STUDY POPULATION Our study population consisted of all bald eagles occupying, or fledging from, nest sites in Hillsborough, Lee, Pasco, Pinellas, Polk, Manatee, Sarasota, and Charlotte counties, Florida, between 1997 and 2001(Fig. 1). In 1997, Lee and Pasco counties were excluded, but they were added in 1998 to meet sample size requirements. METHODS In 1997, we classified all known occupied (unless otherwise noted, defined as nests sites attended by at least 1 bald eagle in adult plumage) bald eagle nest sites on our study area as either rural (< 5% of the land area within 1,500 m of the nest in intense human use), intermediate (between 5% and 49% of the land area within 1,500 in of the nest tree in intensive human use), Millsap et al. or suburban (> 50% of the land area within 1,500 in of the nest in intense human use). For classification purposes, we considered developed lands such as subdivisions, ball parks, golf courses, warehouses, shopping centers, and highways as intense human use areas. We chose the 1,500 m scale for classifications because fledgling bald eagles in Florida spend most of their time within this area before dispersal (Wood and Collopy 1995). Intense human use areas were identified and measured using current aerial photographs, and landscape characteristics were confirmed by site visits for nest sites that were selected for use in the study. We generated estimates of nest site occupancy, nest success (unless otherwise noted, defined as nest sites successfully raising ? 1 young to > 8 weeks of age), and productivity (unless otherwise noted, defined as number of young raised to ? 8 weeks of age) in 2 ways. First, the Florida Fish and Wildlife Conservation Commission (FWC), with funding assistance from the U.S. Fish and Wildlife Service and U.S. Forest Service, monitors these variables on a coarse scale statewide by surveying all known bald eagle nest sites twice (once at the approximate mid- point of incubation, and once at the approximate mid-point of the brood rearing period) from the air each breeding season (Nesbitt 1996). Data from this survey for nest sites from the core of our study area (Hillsborough, Manatee, Pinellas, and Sarasota counties) for the 1994, 1995, and 1996 breeding seasons (where 1.994 refers to the breeding season from approximately October 1993 - June 1994) were analyzed to estimate nest site occupancy, nest success, and productivity at rural, intermediate, and suburban nest sites. We also used this data set to determine if proximity to the coast was a potentially confounding variable that might mask trends between land-use categories. Millsap et al. 6 Our second approach involved direct monitoring of reproductive activity at sample nests during the course of this study. We randomly selected 12 suburban and 12 rural nest sites that had been occupied the previous year for intensive monitoring during each breeding season from 1997 - 2001 (Fig. 1, Appendix A). Each was checked a minimum of 4 times by helicopter to determine occupancy and productivity, and helicopter checks were staggered at bi-weekly intervals to help estimate the date of the onset of incubation. For nest sites where we subsequently handled young, we adjusted estimated laying dates based on the estimated age of eaglets when handled (Bortolotti 1984). On each visit after eggs had hatched, the number of nestlings in the nest was determined and the age of eaglets was estimated visually by plumage growth (Bortolotti 1984). Seven of the 12 sample nests in each land-use category were randomly selected to have 1 eaglet equipped with a combination satellite platform transmitting terminal (PTT) (Microwave Telemetry Inc., Columbia, Maryland) VHF (American Wildlife Enterprises, Monticello, Florida) radio transmitter package in each year (14 total transmitters annually). We chose this sample size because preliminary calculations using survival and variance estimates reported in Wood and Collopy (1995) suggested it would allow detection of a 10% annual difference in survival between land-use categories 80% of the time (P = 0.80). We also randomly selected 7 backup nest sites in each land-use category as alternates if primary nests failed, proved unclimbable, or were inaccessible due to landowner refusal to allow access. We ascended nests using conventional climbing techniques when nestlings were 7 -10 weeks of age, and captured focal birds by hand. Captured eaglets were individually lowered down from the nest in a canvas bag. Eaglets were weighed in the bag, then removed, hooded, and gently restrained for Millsap et al. 7 processing. We measured foot-pad length, bill depth, and 8'primary length following methods in Bortolloti (1984) and Wood and Collopy (1995). Sex was estimated based on the relationship between foot-pad length and bill depth using Fig. 2-2 in Wood and Collopy (1995:9). We attached PTT packages using a harness design and materials similar to that used by Buehler et al. (1991) and Wood and Collopy (1995). Conventional VHF transmitters were bolted and epoxied on the PTTs. In 1997, tagged fledglings were monitored on a weekly basis using conventional VHF telemetry and PTTs until birds could no longer be found in a 10 - 20 km radius of the nests. In 1998 and 1999, a sample of fledglings was intensively tracked from the ground, and all fledglings were monitored weekly from the air during the post-fledging pre-dispersal period (Tinkler 2000). In 2000 and 2001, fledglings were monitored by PTTs. Monitoring after dispersal in all years was accomplished using PTTs. PTTs transmitted data that was read by National Oceanic and Atmospheric Administration (NOAA) satellites. Service ARGOS received and translated satellite data, and then e-mailed daily reports to us for analysis and interpretation (ARGOS 1996). Data were obtained for pre-programmed duty cycles that consisted of 1, 12-hr cycle for the first 30 days of PTT operation; 3,12-hr cycles per week for the next 6 months of PTT operation; and 1, 12-hr duty cycle per week for the remainder of the life of the PTT (calculated to be 4 - 5 yr). A motion sensor in the PTTs indicated mortality of PTT-tagged bald eagles. Mortality sensor information was transmitted as part of each location message. When we suspected an eagle had died, we traveled to the best recent location indicted by the PTT, and began a search for the VHF transmitter. We were aided in this effort by other state fish and wildlife agencies IVIillsap et al. 8 when deaths occurred outside of Florida. We estimated survival functions for PTT-tagged eagles using the nonparametric Kaplan-Meier estimator (Kaplan and Meier 1958) for censored data, and compared survival functions for rural and suburban eagles using the Tarone-Ware log-rank test (Steinberg et al. 2000). Most bald eagle carcasses recovered were sent to the Laboratory of Wildlife Disease Research, Pathobiology Department, College of Veterinary Medicine, University of Florida, Gainesville, Florida, for necropsy, although some recovered outside of Florida were necropsied elsewhere. Many of the carcasses had decomposed beyond the point where meaningful analyses could be conducted. When the cause of mortality could be estimated, we classified the death as either human-related (e.g., vehicle collisions, electrocutions, introduced disease) or not (e.g., starvation, storms), and then looked for differences between eagles from nest sites in different land-use categories. We determined the location of PTT-tagged eagles from ARGOS e-mail reports. Judging from accuracy of ARGOS reports for eagles still in nests (i.e., at known locations), we considered PTT messages with the following characteristics to be accurate to within 1000 m: (1) NOPC > 2; (2) LC > 0; (3) X > 4 and/or Y > 3; and (4) pass duration > 200 sec (ARGOS 1996). The latitude and longitude from high quality data were entered into databases maintained for each PTT-tagged bald eagle, and were plotted using geographic information system (GIS) tools in ArcView (ESRI, Redlands, California). We developed contour maps of the summer (1 June -1 September) and winter (2 September - 30 May) ranges of PTT-tagged bald eagles by pooling data for all individuals and applying a fixed-kernel home-range utilization distribution to the full data set using the Animal Movement Extension tool in ArcView (Hooge and Eichenlaub 1997). Millsap et al. 9 Starting in 2000, we collected additional data on the health and condition of all bald eagle fledglings handled. Physical examinations were performed, which included clinical observations for any abnormalities of the feathers, skin, legs and feet, wings, eyes, ears, oral cavity, musculoskeletal system, central nervous system, genital and urinary system, and abdominal cavity by standard procedures (Harrison and Harrison 1986; Ritchie et al. 1994). Body condition and health were evaluated and scored. The type and degree of external parasite infestation was also noted. Blood was drawn from the cutaneous ulnar vein using a 25 gauge needle. Blood slides were made using traditional laboratory methods. Complete blood counts, serum chemistries, serum protein electrophoresis, and Aspergillus antibody and antigen serology were conducted at the Avian & Wildlife Lab, Division of Comparative Pathology, University of Miami, Miami, Florida (Cray and Tatum 1998). Aliquots of the blood, as well as small feather samples, were archived in a - 70° C freezer at the FWC Wildlife Research Laboratory in Gainesville, Florida. Using data on survival and fecundity from this study, we estimated the predicted population growth rate for suburban and rural bald eagles on our study area. We used the population viability modeling program Vortex 8.41 (Miller and Lacy 1999) for this analysis. We modeled populations 2 ways: (1) assuming a carrying capacity 2 times the current estimated breeding population size on our study area, and (2) assuming the current breeding population size on our study area was at carrying capacity, and there were as many floating non-breeding adults undetected in the population as breeding adults (as suggested by Hunt [1998] for some raptor populations at equilibrium). We used Vortex 8.41 to simulate 100 future population projections, and then estimated stochastic r (and SE r), the mean annual rate of population Millsap et al. 10 change. Several parameters required by the model had to be estimated for our study population: (1) we estimated that females first begin breeding at age 5 and males at age 6, based on data in Palmer (1988) for bald eagles and a general tendency for male raptors to first breed at older ages than females (Newton 1979); (2) we estimated a maximum breeding age of 25 years based on inferred population structure given rates of annual mortality we observed in older age classes, and observations of bald eagles surviving to 36 years of age in captivity (Newton 1979); (3) we estimated bald eagles maintained a long-term monogamous mating strategy (Palmer 1988); (4) in populations below carrying capacity we assumed the rate of non-breeding was the cumulative proportion of females that failed to successfully fledge young plus the proportion of unoccupied traditional nest sites in any given year; (5) in populations at carrying capacity we assumed there were as many non-breeding adults as breeding adults; (6) we assumed average annual mortality and variance about the mean remained constant after year 1; and (7) we assumed actual population size was 2 (below carrying capacity) to 4 (at carrying capacity) times the number of traditionally occupied nest sites plus the number of subadult eagles projected to be in the population assuming a stable age structure. We held these parameter estimates constant for all models. Statistical tests were performed using SYSTAT 10 (SPSS Inc., Chicago, Illinois), with a significance level of a = 0.10. Millsap et at. II RESULTS Nest Site Occupancy and Bald Eagle Reproduction A total of 186 occupied bald eagle nest sites was present in our study area in 1997. Seventy-five (40.3%) were classified as rural sites, 85 (45.7%) as intermediate, and 26 (14.0%) as suburban. Most nests were in large, mature pines (primarily slash pines [Pinus elliottii]), but we also observed 1 nest on a cellular phone tower, 6 on electric distribution poles, and 2 on art ificial raptor nesting towers. In our first approach toward analyzing reproductive variables employing data from the statewide survey, we found no significant difference in 3-yr occupancy (Mann-Whitney U, _ 258, P = 0.95), nest success (Mann-Whitney Ul = 251, P = 0.93), or productivity (Mann- Whitney Ui = 263, P = 0.86) between coastal and inland nests (Table 1). Point estimates of means supported the statistical conclusion that there was little difference in these variables between coastal and inland nest sites on our study area. Based on these results, data for inland and coastal nest sites were pooled for analyses of the effect of land-use category. We found a significant difference in occupancy rate between rural and intermediate nest sites in this analysis (Kruskal-Wallis 1-way ANOVA H2 = 6.04, P = 0.05; Dunn=s pairwise multiple comparison indicated rural and intermediate values differed at P c 0.10), but no other statistically significant differences were found (Kruskal-Wallis 1-way ANOVA for nest success Hz =1.24, P = 0.55; Kruskal-Wallis 1-way ANOVA for productivity H2 = 0.28, P = 0.87) (Table 1). Point estimates for means did not suggest that a biologically significant difference existed for any of these variables. Millsap et al. 12 With respect to reproductive performance during this study, we determined occupancy and reproductive outcome of 120 (60 rural and 60 suburban) bald eagle nesting attempts over the 5-yr study period (Appendix A and Table 2). Over all years, pooled occupancy rates ranged from 100% in 2 years to 75% in 1999, and averaged 90% (Fig. 2). In general, patterns of occupancy were similar between rural and suburban nest sites, and overall occupancy rates did not differ between categories (Mann-Whitney U1 = 12.0, P = 0.91). We confirmed that at least 1 egg was laid at 101 of the 120 randomly selected study nest sites. Based on backdating from estimated laying dates from flights and estimated ages of eaglets, bald eagles laid eggs on our study area as early as 25 October, and as late as 27 March (Fig. 3), the latter in a re-nest attempt following failure of a first nest. A 2-way ANOVA of rank- transformed least-square mean laying dates revealed a significant interaction effect between land-use category and year (F4,91= 2.09, P = 0.09) (Fig. 4). Main-factor effects for year (Kruskal- Wallace H4 = 4.85, P = 0.30) and land-use category (Mann-Whitney U1= 1480.5, P = 0.16), when tested separately, were not significant. Thus, while patterns of variation in the onset of reproduction varied inversely between rural and suburban nest sites among years, nesting did not start consistently earlier for either group. The number of young fledged per occupied nest site did not differ significantly among years (K.ruskal- Wallace H4 = 4.53, P = 0.33) or between land-use categories (Mann.-Whitney U1 =1822.0, P = 0.96) (Fig. 5). The number of young fledged from successful nests did not differ significantly among years (Kruskal- Wallace H4 = 5.96, P = 0.20) or between land-use categories (Mann-Whitney U1= 1168.0, P = 0.89). Over all years, 13 rural and 12 suburban nest sites failed to fledge young, a non-significant difference (Pearson x21= 0,04, P = 0.84). Millsap et al. 13 Survival and Dispersal We were not able to meet our sample goal in the first 2 years of the study due to last- minute difficulties obtaining landowner permission, difficulties determining precisely the age of eaglets from the ground or helicopter, and our inability to climb some trees we initially thought to be accessible. We compensated by tagging additional birds in 1999 and 2001. It was critical not to tag different numbers of young in each land-use category in a year to avoid confounding year effects with land-use category effects, so we tagged the same number of rural and suburban young in each year of the study. PTTs were deployed on 4 suburban and 4 rural bald eagle fledglings in 1997, 6 urban and 6 rural fledglings in 1998, 9 urban and 9 rural fledglings in 1999, 7 suburban and 7 rural fledglings in 2000, and 9 suburban and 9 rural fledglings in 2001. One rural fledgling slated for a PTT in 1997 sustained a fractured tibio-tarsus during capture. We submitted this individual for treatment to the Audubon Wildlife Center in Maitland, Florida, where it was determined this bird was severely malnourished, and would almost certainly have died after reaching 8 weeks of age but before dispersing from the natal area had it not been injured (Reese Collins, Audubon Center of Florida, personal communication). We treat this individual as a pre-dispersal fatality in our analyses. Problems with small sample size were confounded during year 1 of the study by the complete failure of all but 1 PTT by October, 1997 (Appendix B). Failures occurred late enough that we were able to document survival status through dispersal for all study birds. The manufacturer diagnosed and corrected the problem before the 1998 breeding season. Millsap et al. 14 Dispersal - Fledgling bald eagles remained in close proximity of nests until late March, at which point widespread wandering occurred. Most birds still returned to the natal areas at night during this period. Sixty-three PTT-tagged fledglings survived to undergo initial dispersal (defined as a period of 11 week without returning to the natal area). Initial dispersal occurred from 1 April until 8 July. Age at dispersal (0 =128 days, SE = 2.1, n = 63) was independent of the estimated laying date (Pearson correlation r = 0. 16, P = 0.19), but it did not differ significantly among years (Kruskal - Wallace 1-way ANOVA H4 = 3.74, P = 0.44) or between sexes (Mann-Whitney U1- 446.5, P = 0.89). Accordingly, we pooled data and determined that eagles from rural nests underwent initial dispersal significantly earlier than suburban eagles (Mann-Whitney U1= 333.5, P = 0.02)(Fig. 6b). The frequency distribution of rural and suburban eagle dispersal dates suggested natal dispersal for suburban fledglings peaked bi-modally, with one peak at about 135 days and another at about 160 days (Fig. 6a). The frequency of natal dispersal dates for rural fledglings tended more toward a normal distribution, and all rural fledglings dispersed by 150 days of age. Movements of 57 bald eagles that survived to disperse with functioning PTTs were analyzed to determine summer and winter ranges. The core summer range of west central Florida juvenile and subadult bald eagles, constructed from 4,212 PTT-reported locations, extended from Florida northward through Nova Scotia, Newfoundland, and Quebec. Nearly 50% of all PTT-tagged eagles summered on the Chesapeake Bay and Coastal Plain of North Carolina (Fig. 7). The core winter range of west central Florida juvenile and subadult bald eagles, constructed from 1,555 PTT-reported locations, was in western and central Florida, the Millsap et al. 15 Florida Panhandle Gulf Coast, and the Coastal Plain of South Carolina (Fig. 8). Detailed analyses of geographic components of dispersal will be presented in another paper, but movement and important use area information for these bald eagles are presented and updated bi- monthly on maps linked to the FWC home page (hU://wld.fwc.state.fl.us/eagle/eggle.htm). Survival -- We recovered carcasses of 10 of 13 eagles that appeared to have died based on PTT mortality signals. The unrecovered PTTs were last detected at sea (1 case), or began emitting mortality signals after VHF radios expired (2 cases). Fourteen PTTs failed before the end of their projected battery life. Nine of these were censored for survival analyses at the time of failure. The 5 other PTT's ceased reporting under suspicious circumstances. In 4 cases, PTT transmissions simply stopped, after no indications of impending battery failure or malfunction, except that in 1 case the final transmission indicated the transmitter was atypically hot (P. Howie, Microwave Telemetry Inc., Columbia, Maryland). In the remaining case, the PTT began emitting a mortality signal in Ontario, Canada, but before we could effect a ground search there, the PTT began moving southward to Florida, and then subsequently settled in Martin County, near a landfill frequented by other bald eagles. The transmitter continued to emit a mortality signal throughout this period. The PTT became stationary at the Martin County landfill in late December 2000, and subsequently ceased transmitting locality information but continued to transmit a mortality signal. We were unable to locate that PTT in subsequent ground searches. In the first 4 cases, the available evidence is most consistent with a hypothesis that all 4 birds met violent deaths (e.g., vehicle collisions, electrocutions) that caused their PTTs and VHF radios to cease functioning. In the last case, we suspect the eagle died at the Martin County landfill. In none of these cases can we be certain what happened, therefore we ran survivorship N illsap et al. 16 models 2 ways: (1) censoring all 5 transmitters as though they had failed, and (2) treating each as a mortality at the time the PTT reports became suspicious. Our data set for survival analyses contained 40 estimated females, 28 estimated males, and 2 eagles of uncertain sex. There was no difference in survival functions of estimated males and females (Tarone - Ware log-rank test with PTTs of uncertain fate censored x21 = 0.22, P = 0.64; Tarone - Ware log-rank test with PTTs of uncertain fate assumed dead x21 = 0.82, P = 0.37), so data for both sexes were pooled for subsequent analyses. In the full data set, bald eagles from nests where the onset of incubation was earlier than the population mean survived significantly better than those from nests where incubation started later (Tarone -- Ware log-rank test with PTTs of uncertain fate censored x21= 3.66, P = 0.05; Tarone - Ware log-rank test with PTTs of uncertain fate assumed dead x21 = 7.45, P = 0.0006). This relationship did not hold for age at dispersal, as we found very weak evidence of a difference in survival between fledglings that dispersed earlier vs. later than the mean dispersal age (Tarone - Ware log-rank test with PTTs of uncertain fate censored x21= 1.26, P = 0.26; Tarone - Ware log-rank test with PTTs of uncertain fate assumed dead x21= 2.66, P = 0.11). When the 5 eagles of unknown fate were treated as mortalities, the difference between survival functions for rural and suburban eagles was significant (Tarone - Ware log-rank test x21 = 2.86, P = 0.09) (Fig. 9a), with suburban bald eagles experiencing significantly higher mortality. When these eagles were censored as transmitter failures, the difference became non- significant (Tarone - Ware log-rank test x21 = 0.59, P = 0.44) (Fig. 9b), but the general pattern of variation remained similar. In both cases, the substantially higher mortality of suburban bald N illsap et al. 17 eagles occurred after dispersal from natal areas in the first year of life, primarily during the first northward migration (n = 3) or on the return fall migration (n = 4) (Fig. 10). Prior to dispersal, survival of suburban eagles was slightly higher than for their rural counterparts (Table 3). For both rural and suburban eagles, annual survival seemed to stabilize after year 1 at 92%. Apparent causes of mortality of bald eagles from rural nest sites included starvation and malnourishment (n = 2), disease (avian pox; n =1), storm-caused trauma (n =1), and unknown factors (n = 1). All deaths except the 1 for which a cause was not determined occurred within the natal area. Causes of mortality among bald eagles from suburban nest sites included electrocution (n = 2), vehicle collisions (n = 2), secondary poisoning from predator control efforts (n =1), disease (n = 2,1 from a Chlamydial infection and 1 unknown), and unknown factors (n = 4 - 9, depending on the classification of 5 bald eagles of uncertain fate). Only 1 of these deaths occurred in the natal area (Chlamydial infection). We classified 6 of 7 suburban bald eagle deaths of known cause as human-related, compared to 0 of 4 rural bald eagle deaths. The cause of death was not independent of land-use category (Yates corrected xzi = 4.48, P = 0.03), leading us to conclude suburban bald eagles more often died from human-related causes than rural bald eagles. Estimating Health and Condition of Bald Eagle Fledglings In 2000, 13 of the 14 eaglets handled were in good to excellent body condition (Appendix Q. All 7 of the chicks from rural nest sites and 6 of the 7 from suburban nest sites appeared healthy at initial handling. The single suburban eaglet that was in poor health died 3 weeks after Millsap et al. 18 it was handled. Necropsy revealed that this bird had a severe pericarditis and histology indicated that the infection was most likely caused by Chlamydia psittaci. In 2001, 17 of the 18 eaglets handled were in good to excellent body condition. All 9 of the chicks from suburban nest sites and 8 of the 9 from rural nest sites appeared healthy at initial handling. The rural eaglet that appeared in poor health subsequently fledged and dispersed normally. In all cases, healthy birds all had well-developed breast musculature and adequate body weights for their age and sex. Over both years, stress marks and retained feather sheaths were noted on the feathers of 3 of the 32 eaglets handled, 2 from rural nest sites 1 from a suburban nest site. External parasites were observed on 12 of the 14 eaglets in 2000, and 15 of 18 eaglets in 2001. The most commonly observed parasite was a feather louse (Mallophaga spp.), which was detected on 15 of 16 rural eaglets and 12 of 16 suburban eaglets. No blood parasites were microscopically observed in blood slides from any of the eaglets from either the rural or suburban nests. Serologic evidence of Aspergillosis spp. exposure was revealed in 12 of the 14 eaglets in 2000, and 8 of the 18 eaglets in 2001. Combining both years, 12 of 16 suburban eaglets demonstrated positive serological responses, compared to 8 of the 16 rural eaglets. This difference is not statistically significant (Yates corrected x21= 1.20, P = 0.27). Overall, 15 of the 32 eaglets PTT-tagged in 2000 and 2001 revealed a pattern of response that would indicate that they had been exposed to Aspergillus, but were probably not currently infected, and 3 of 16 suburban eaglets and 2 of 16 rural eaglets had test results that showed they probably were currently infected. Two of the 18 eaglets, both from a rural nest, had test results that were inconclusive. Millsap et al. 19 Population Trend Predictions We used data reported earlier in this paper to estimate population-specific input parameters for nest site occupancy, nest success, brood size at 8 weeks of age, and age-specific survival for Vortex models. With these input data, at carrying capacity and assuming only 40% of adults successfully nested annually, mean r was 0.06 (SE = 0.0001) for rural and 0.04 (SE _ 0.0001) for suburban population models. Assuming populations were at 50% of carrying capacity and 80% of adults successfully nested annually, mean r = 0.12 (SE = 0.009) for rural and 0.09 (SE = 0.0009) for suburban population models. No populations went extinct in any simulation, and all populations remained stable at carrying capacity. DISCUSSION Nesbitt (2001) reported that statewide in Florida from 1991 to 2000, bald eagle nest success averaged 74.1%, with 1.15 young fledged per occupied and 1.54 per successful nest site. The Southeastern States Bald Eagle Recovery Plan (U. S. Fish and Wildlife Service 1989) established bald eagle recovery criteria of 50% nest success, an average of 0.9 young fledged per occupied nest site, and an average of 1.5 young fledged per successful nest site. Both suburban and rural nest sites on our study area substantially exceeded both the statewide averages and recovery benchmarks for each of these variables, indicating bald eagles were reproducing at healthy levels in west central Florida. We detected no differences in nest site occupancy, nest success, or number of young fledged between bald eagles occupying suburban or rural nest sites, except that the onset of Millsap et al. nesting varied inversely between nests in the different land-use categories. There is a strong correlation for some species of raptors between early nesting and high nest success (Newton 1979), and this pattern has been reported for west central Florida bald eagles (Broley 1947). Prey availability is positively correlated with early nesting in some raptors (Newton and Marquiss 1981, Dijkstra et al. 1982), and we suspect this might account for the variation we 20 observed. If so, the inverse pattern of variation among years in the onset of nesting between bald eagles in the different land-use categories could reflect differences in diet between suburban and rural bald eagle pairs. We are currently evaluating prey remains collected from suburban and rural nest sites over the course of this study to determine if a detectable difference in diet exists. Regardless of the causal mechanism, our results suggest there was a strong advantage to starting nesting early, because fledgling bald eagles from early nests had higher survival than those fledged from late nests. Three other recent studies have estimated survival rates of bald eagles from eastern North America. McCollough (1986), using band re-sighting data, estimated survival of Maine bald eagles at 74% to 1.5 years of age, and 84% between 1.5 and 2.5 years. Buehler et al. (1991) estimated survival from a VHF radio-tagged sample of eagles from the Chesapeake Bay at 100% to 1.5 years and 92% from 1.5 to 2.5 years of age. Wood and Collopy (1995) .estimated survival of VHF radio-tagged bald eagles from a rural north central Florida study area at 63% to 1.5 years, and 84% from 1.5 to 2.5 years. Data from our study are within the range of results reported here, although it is important to consider that PTTs provided more complete histories of survival than was possible in any of the previous studies. Millsap et al. Maine and Florida bald eagles showed a generally increasing trend in annual survival with age (McCollough 1986, Wood and Collopy 1995), which corresponds to the pattern we observed in our data. During the first year, most mortality we observed in PTT-tagged bald eagles occurred during or between the first northward and first southward return migrations. Wood and Collopy (1995) also observed the greatest mortality in their sample of radio-tagged 21 eagles at this time, and it seems reasonable to conclude this is the time when Florida bald eagles are at their greatest risk. Bald eagles from suburban and rural nest sites in our study had similar survival rates until they dispersed. Subsequently, and over the next 9 months, eagles from suburban nest sites experienced considerably higher mortality. Significantly, humans were either directly or indirectly involved in all but 1 of the deaths of suburban bald eagles for which a cause could be determined. In contrast, the limited mortality of fledglings from rural nests sites we observed occurred largely prior to dispersal, and no rural eagles for which a cause of death could be determined died from human causes. There is no clear explanation for this disparity, but it suggests suburban bald eagle fledglings may have been more acclimated to dangerous anthropogenic landscape features than rural eagles, and as such did not regard them with the same degree of caution once independent. Health screenings revealed no consistent differences in condition between bald eagle nestlings from suburban or rural nest sites. Perhaps the most significant finding was the discovery of a Chlamydial infection in 1 suburban fledgling. Free-ranging native birds in Florida are not known to carry Chlamydial infections, and while this disease has been reported in other raptors, the condition is rare in free-ranging bald eagles (Heidenreich 1997). The disease is Millsap et al. 22 relatively common in psittacine birds and finches held in captivity for the pet bird industry (Friend 1987, Brand 1989). High concentrations of this organism can be shed in the excreta of infected birds, leading to the most common route of transmission to other birds through aerosol inhalation or ingestion of infected fecal material (Brand 1989). Studies have revealed transmission can also occur through the consumption of infected carcasses and by arthropod vectors such as lice and mites (Brand 1989). In our study, the Chlamydial infection was most likely caused by a cross-species transmission from non-native monk parakeets (Myiopsitia monachus) that formed a nesting and roosting colony in a tree adjacent to this eagle's nest. Because monk parakeets are established only in urban and suburban areas in Florida (Robertson and Woolfenden 1992), this mortality agent primarily threatens suburban eagles. Habitat guidelines for the protection of bald eagle nest sites in Florida prescribe protective buffer zones around Florida bald eagle nests of at least 227 in (U.S. Fish and Wildlife Service 1987). All suburban bald eagle nests in this study had human structures or significant human activity at closer distances than this. Tinkler (2000) compared habitat use, feeding rates, ranging behavior, and adult attentiveness in a sample of the PTT-tagged rural and suburban bald eagles that comprised our study population. She found no consistent differences in any of these behavioral factors between the 2 groups, but noted that both suburban and rural fledglings tended to spend most of their time in the part of the natal area that was least subject to disturbance. Given the absence of significant differences in fledging success, body condition, and pre- dispersal survival between suburban and rural bald eagles, it is tempting to conclude freedom from disturbance, while perhaps a preference, is not a necessity for successful nesting by bald eagles on our study area. It is important to note, however, that we were unable to ascertain the Millsap et al. 23 histories of many of the suburban nest sites in our study, thus it was not possible to distinguish between sites where eagles voluntarily built nests in developed areas as opposed to sites where development encroached on a previously established nest site. Intuitively, we suspect bald eagles in the latter category are more likely to respond negatively to disturbance, and we caution that our results and those of Tinkler (2000) might not be generally applicable to all bald eagle nest sites on the study area. MANAGEMENT IMPLICATIONS Our results paint a generally optimistic picture for the future of west central Florida bald eagles. The demographic characteristics we observed would be expected to yield steady positive population growth, and in the absence of catastrophes, bald eagle populations on this study area are likely limited only by the carrying capacity of the environment. The most significant population limiting environmental factor in west central Florida is probably suitable nesting sites. However, perhaps in response to building bald eagle population pressure, eagles are expanding in their choice of nest substrates on our study area, as evidenced by the 8 nests we observed on human-made structures. We expect this trend to continue. The increasing use of human-made nest substrates by bald eagles raises important regulatory questions, because current protective federal statutes prohibit the removal or moving of bald eagle nest structures (U.S. Fish and Wildlife Service 1987). Some management flexibility in this regard is critical for the protection of both bald eagles and operating equipment for some of the nests on human-made structures we observed. In most cases, both the eagles and equipment Millsap et al. 24 operators would be better served if the nests could be relocated from their present location to safer platforms appended to the tower or pole. Although we detected no negative ramifications of increased human disturbance in our estimates of demographic variables for suburban bald eagles, Tinkler's (2000) work indicates refuges from human activity are actively sought out and used by suburban eagles. Accordingly, suburban planners, particularly in suburban areas where bald eagles already occur, should consider this in the design of developments. In many cases, these refuges could be accommodated in greenspaces set aside for other purposes, but they would be most beneficial if human entry was prohibited while bald eagles were nesting, especially during the post-fledgling period. Tinkler's (2000) results suggest suburban bald eagle refuges should be within 455 in, and preferably within 227 m, of occupied or potential nest sites, and contain numerous suitable bald eagle perch trees (especially large pines interspersed with scatted snags). Among the mortality factors we documented in this study, 3 warrant continued or increased management attention. Electrocution has long been known as a mortality factor for bald eagles, and despite considerable corrective attention (APLIC 1996), it was 1 of 2 leading causes of death for suburban bald eagles in this study. Methods to resolve raptor electrocution hazards are well known for nearly all types of power distribution structures (APLIC 1996). Our results suggest this problem has not been satisfactorily resolved in Florida (where all the electrocutions we observed occurred), and we recommend representatives of the utility industry, the FWC, and the U.S. Fish and Wildlife Service begin discussions on how best to proceed to address the issue. A second mortality issue that warrants attention is the transmission of Chlamydial infection to suburban eagles by monk parakeets. Monk parakeets interact with bald Millsap et al. 25 eagles in suburban environments because eagle nest structures are used for nesting and roosting by the parakeets. Where feasible, consideration should be given to eradication of parakeet flocks that are using eagle nest structures to reduce exposure to this disease by bald eagles. Finally, our study documents that secondary impacts from predator control operations pose a risk to bald eagles in the Southeast. One bald eagle in this study died after eating an opossum (Didelphis virginiana) that consumed a Carbofuran-laced chicken egg that was purposely placed to attract and kill northern bobwhite (Colinus virginianus) nest predators (FWC, Division of Law Enforcement, Tallahassee, Florida, personal communication). Subsequent law enforcement investigation revealed that this illegal activity was occurring on at least 2 north Florida properties, and throughout southwestern Georgia. The practice was curtailed following enforcement action by the FWC Division of Law Enforcement and the Georgia Bureau of Investigation (FWC, Division of Law Enforcement, Tallahassee, Florida, personal communication). This incident highlights the importance of monitoring to ensure predator control operations, when necessary, are conducted in a responsible and controlled manner. We urge caution in the application of our findings to the question of the need for protective measures to minimize human disturbance at bald eagle nest sites. The principle application of our work is in establishing the population-level significance of suburban bald eagle pairs. That some eagles can and do successfully co-exist with intense human activity does not mean that all can. Further work is needed to better define general levels of acceptance of human activity by nesting Florida bald eagles in today's landscape, and that knowledge should be used to evaluate and fine-tune regulations and policies governing the protection of nest sites. Millsap et al. 26 ACKNOWLEDGEMENTS We would like to thank several individuals who assisted us in completing this work. Foremost among these are the landowners who allowed us access to eagle nests on their property. We extend special thanks for assistance in accessing nests to the Florida Park Service, Department of Environmental Protection; Pinellas County; City of Cape Coral; the Department of Defense; Sarasota County; Hillsborough County School Board; and Florida Power. We would also like to acknowledge the technical assistance, support, and personal knowledge provided to us by Petra Bohall Wood, Stephen Nesbitt, Lt Lance Ham, Lt. Paul Smith, John White, Paul Schultz, Jeff McCrady, and Julia Dodge. Steve Nesbitt deserves special thanks for sharing his unpublished information presented in Table 1. David Cook, Stuart Cumberbatch, and Tom Logan administered various contracts associated with the project. David Murphy and his veterinary staff at Lowry Park Zoo donated supplies and invaluable knowledge. Carolyn Cray and the staff of the Avian and Wildlife Laboratory, University of Miami provided expertise on clinical pathology for this study. David Cobb, North Carolina Wildlife Resources Commission, aided us by recovering a PTT-tagged eagle that died in that state, and searching for another. Marilyn. Spalding, Laboratory of Wildlife Disease Research, University of Florida, provided pathology services. Alex Kropp, Katie Millsap, Susan Millsap, and Sue Seyboldt assisted us in the field on more than 1 occasion, and Jay Jones was instrumental in both the field and office during the first 3 years of the project. Finally, we want to thank Paul Howie of Microwave Telemetry, Inc., and Brad Mueller of American Wildlife Enterprises for their technical assistance with radio tracking components of the study. The U.S. Fish and Wildlife Service, through Millsap et al. Section 6 of the Endangered Species Act, and the Florida Nongame Wildlife Trust Fund provided funding for this study. LITERATURE CITED Anthony, R. G., and F. B. Issacs. 1989. Characteristics of bald eagle nest sites in Oregon. Journal of Wildlife Management 53:148-159. ARGOS. 1996. User's manual. Service ARGOS, Landover, Maryland. Avian Power Line Interaction Committee (APLIC). 1996. Suggested Practices for Raptor 27 Protection on Power Lines: The State of the Art in 1996. Edison Electric Institute, Raptor Research Foundation, Washington, D.C. Bortolotti, G. R. 1984. Criteria for determining age and sex of nestling bald eagles. Journal of Field Ornithology 55:467-481. Brand, C. J. 1989. Chlamydial infections in free-living birds. Journal of the American Veterinary Medical Association 195: 1531-1535. Broley, C. L. 1947. Migration and nesting of Florida bald eagles. Wilson Bulletin 59:3-20. Buehler, D. A., T. J. Mersmann, J. D. Fraser, and J. K. D. Seegar. 1991. Effects of human activity on bald eagle distribution on the northern Chesapeake Bay. Journal of Wildlife Management 55:282-290. Cray, C., and L. M. Tatum. 1998. Applications of protein electrophoresis in avian diagnostics. Journal of Avian Medicine and Surgery 12: 4-10. Dijkstra, C., L. Vuursteen, S. Daan, and D. Masman. 1982. Clutch-size and laying date in the kestrel Falco tinnunculus: Effects of supplementary food. This 124:210-213. Millsap et al. Fraser, J. D., L. D. Frensel, and J. E. Mathisen. 1985. The impact of human activities on breeding bald eagles in north-central Minnesota. Journal of Wildlife Management 49:585-592. Friend, M. 1987. Field guide to wildlife diseases: Migratory buds. Resource Publication 167. United States Fish and Wildlife Service, Department of the Interior, Washington, D. C. 225 pp. 28 Gerrard, J. M., P. N. Gerrard, W. J. Maher, and D. W. A. Whitfield. 1975. Factors influencing nest site selection of bald eagles in northern Saskatchewan and Manitoba. Blue Jay 33:169-176., Grubb, T. G. 1980. An evaluation of bald eagle nesting in western Washington. Pages 87-103 In R. L. Knight, G. T. Allen, M. V. Stalmaster, and C. W. Servheen, Eds. Proceedings of the Washington bald eagle symposium. Washington Department of Game, Olympia, Washington. Harrison, G. J., and L. R. Harrision. 1986. Clinical avian medicine and surgery. W. B. Saunders Company, Philadelphia, Pennsylvania. 717 pp. Heidenreich, M. 1997. Birds of Prey: Medicine and management. Blackwell Science Ltd., Malden, Massachusetts. 284 pp. Hooge, P. N., and B. Eichenlaub. 1997. Animal Movement extension to ArcView, Version LL Alaska Biological Science Center, U.S. Geological Survey, Anchorage, Alaska, USA. Hunt, W.G. 1998. Raptor floaters at Moffat's equilibrium. Oikos 82:191-197. Kaplan, E. L., and P. Meier. 1958. Nonparametric estimation from incomplete observations. Journal of the American Statistical Association 53:457-481. Millsap et al. 29 McCollough, M. A. 1986. The post-fledging ecology and population dynamics of bald eagles in Maine. Ph.D. Dissertation, University of Maine, Orono, Maine. Miller, P. S., and R. C. Lacy. 1999. Vortex: A stochastic simulation of the extinction process. Version 8 user's manual. Conservation Breeding Specialists Group, Apple Valley, Minnesota. Nesbitt, S. A. 1996. Bald eagle population monitoring. Annual performance report, Florida Game and Fresh Water Fish Commission, Gainesville, Florida. Nesbitt, S. A. 2001. Bald eagle population monitoring. Annual performance report, Florida Game and Fresh Water Fish Commission, Gainesville, Florida. Nesbitt, S. A., M. I Folk, and D. A. Wood. 1993. Effectiveness of bald eagle habitat protection guidelines in Florida. Proceedings of the 470' annual conference of the Southeastern Association of Fish and Wildlife Agencies 47: 333-338. Newton, 1. 1979. Population ecology of raptors. Buteo Books, Vermillion, South Dakota. Newton, I., and M. Marquiss. 1981. Effect of additional food on laying dates and clutch sizes of sparrowhawks. Ornis Scandanavica 12:224-229. Palmer, R.S. 1988. Handbook of North American birds. Vol. 4: Diurnal Raptors (Part 1). Yale University Press, New Haven, Connecticut. Ritchie, B. W., G. I Harrison, and L. R. Harrision. 1994. Avian medicine: principles and application. Wingers Publishing, Inc., Lake Worth, Florida. 1384 pp. Robertson, W. B., and G. E. Woolfenden. 1992. Florida bird species: an annotated list. Special Publication Number 6., Florida Ornithological Society, Gainesville, Florida. Millsap et at. 30 Steinberg, D., D. Preston, D. Clarkson, and P. Colla. 2000. Survival analysis. Pages 521 -- 570 in Systat 10. Statistics 11. SPSS Inc., Chicago, Illinois. Tinkler, D. 2000. Ecology of bald eagles during the postfledging period at rural and suburban nest sites in southwest Florida. Master of Science Thesis, West Virginia University, Morgantown, West Virginia. U. S. Fish and Wildlife Service. 1987. Habitat management guidelines for the bald eagle in the southeast region. Third revision. U. S. Fish and Wildlife Service, Atlanta, Georgia. U. S. Fish and Wildlife Service. 1989. Southeastern states bald eagle recovery plan. U. S. Fish and Wildlife Service, Atlanta, Georgia. Wood, P. B., T. C. Edwards, and M. W. Collopy. 1989. Characteristics of bald eagle nesting habitat in Florida. Journal of Wildlife Management 53:441-449. Wood, P.B., and M. W. Collopy. 1995. Population ecology of subadult southern bald eagles in Florida: Post-fledging ecology, migration patterns, habitat use, and survival. Florida Game and Fresh Water Fish Commission Nongame Wildlife Program Final Report, Tallahassee, Florida. N illsap et al. 31 Table 1. Occupancy, success, and productivity of bald eagle nest sites in west-central Florida by proximity to coast and land-use category for the 1994, 1995, and 1996 breeding seasons. Data are from the Florida Fish and Wildlife Conservation Commission (FWC) bald eagle monitoring project (S. Nesbitt, Florida Fish and Wildlife Conservation Commission, Gainesville, Florida, personal communication). Occupancy Success Brood Size na 0 (SD)b 0 (SD)' 0 (SD)d a) Proximity to coast Interior 40 2.65 (0.58) Coastal 10 2.70 (0.48) b) Land-use category Rural 21. 2.86 (0.36) Intermediate 16 238 (0.72) Suburban 13 2.69 (0.48) 2.13 (0.97) 4.03(l.38) 2.10 (0.99) 4.11(l.69) 2.1.9 (0.98) 3.57(l.78) 2.00 (0.82) 2.15 (1.14) 3.44(l.93) 3.69 (2.14) a n = number of nest sites. Nest sites that were not monitored for the full 3 breeding seasons were excluded from the analysis. b Occupancy is the total number of nesting seasons (maximum = 3) in which the nest site was known to be occupied by at least 1 bald eagle in adult plumage. Success is the total number of nesting seasons (maximum = 3) in which an occupied nest site had young in the nest on the second annual nest survey flight. d Brood size is the sum over the 3 years of the total number of young seen in the nest on the second annual nest survey flight. Millsap et al. 32 Table 2. Comparison of estimated laying date and productivity of focal suburban and rural bald eagle nest sites, west-central Florida, 1997 - 2001. Values in the table are mean (SD, n). Category Start day' No. young per occupied nest siteb No. young fledged per successful nest site' Suburban 1996-97 11/26/96 (26.0, 12) 1.91 (0.67, 12) 1.91 (0.67, 12) 1997-98 12/16/97 (39.2, 12) 1.33 (0.89, 12) 1.78 (0.44, 9) 1998-99 11/28/99 (26.7, 8) 1.08 (0.90, 12) 1.67 (0.50, 8) 1999-00 12/25/99 (30.3, 9) 1.25 (0.97, 12) 1.67 (0.71, 9) 2000-01 12/17/00 (24.3, 10) 1.08 (0.67, 12) 1.30 (0.48, 10) 0 12/11 (30.8, 51) 1.33 (0.86, 60) 1.67 (0.60, 48) Rural 1996-97 12/16/96 (17.5, 12) 1.42 (0.67, 12) 1.55 (0.52, 11) 1997-98 12/16/97 (25.6, 8) 1.00 (1.04, 12) 2.00 (0, 6) 1998-99 12/24/98 (13.9, 6) 1.25 (0.87, 12) 1.63 (0.52, 9) 1999-00 12/07/99 (12.9, 9) 1.25 (0.97, 12) 1.67 (0.71, 9) 2000-01 12/23/00 (22.5, 12) 1.58 (0.52, 12) 1.58 (0.52, 1.2) 0 12/15 (19.3, 51) 1.31 (0.83, 60) 1.67 (0.52, 48) Pooled 12/13 (26, 101) 1.32 (0.84, 120) 1.67 (0.56, 96) 'Estimated date when incubation started, based on observations from bi-weekly overflights, and adjusted for estimated age of young if handled for radio-tagging. N illsap et al. b Number of young that survived to > 8 weeks of age per occupied nest site. 33 Number of young that survived to > 8 weeks of age per successful nest site. Millsap et al. 34 Table 3. Interval survival estimates for bald eagles from rural and suburban nest sites tagged with satellite transmitters at approximately 8 weeks of age in west central Florida, 1997 - 2001. The exact fates of 5 bald eagles were uncertain, so they are treated 2 ways in the analysis. In the Uncertains Censored estimates, they are treated as transmitter failures and censored. In the Uncertains Dead estimate, they are treated as if they died the date transmissions became suspect. Survival is the proportion of eagles at risk at the start of the interval (n) that remained alive at the end. Interval Suburban Rural Pooled Uncertains censored Fledge - dispersal Survival 0.94 0.88 0.91 SD 0.07 0.05 0.03 n 30 30 60 Fledge - 1 year Survival 0.76 0.88 0.82 SD 0.09 0.07 0.06 n 19 20 39 1 year - 2 year Survival 0.92 0.92 0.92 SD 0.07 0.08 0.06 n 12 20 22 Millsap et al. Uncertains dead Fledge - dispersal Survival SD n Fledge - l year Survival SD n 1 year - 2 year Survival SD n 35 0.83 0.88 0.86 0.06 0.05 0.04 35 30 65 0.67 0.88 0.76 0.09 0.07 0.06 19 20 39 0.92 0.92 0.92 0.07 0.08 0.06 12 10 22 Millsap et al. 36 Appendix A. Estimated laying date and productivity of study suburban and rural bald eagle nest sites in west central Florida, 1997 - 2001. Nest sites were randomly selected each year from the pool of all nest sites that had been occupied the preceding year. Nest Number Land-use category Year Laying date No. fledged HL-06D Rural 96-97 01/02/97 2 HL-16 Rural 96-97 12/02/96 1 MN-02B Rural 96-97 ? 2 MN-06B Rural 96-97 12/16/96 2 MN-07 Rural 96-97 ? 0 MN-08 Rural 96-97 01/11/97 2 MN-10 Rural 96-97 11/14/96 2 MN-11A Rural 96-97 12/27/96 1 PI-21 Rural 96-97 11/28/96 2 SA-04A Rural 96-97 12/14/96 18 SA-18A Rural 96-97 12/27/96 1b SA-New Rural 96-97 12/20/96 1 b CH-18A Rural 97-98 None 0 HL-09C Rural 97-98 11/21/97 0 HL-II A Rural 97-98 ? 0 HL-22A Rural 97-98 12/23/97 2 NUIsap et al. LE-09 Rural 97-98 11/25/97 2 LE-19A Rural 97-98 11/21/97 0 LE-39 Rural 97-98 01/27/98 0 MN-11A Rural 97-98 12/26/97 2 HL-11A Rural 97-98 7 0 PO-37C Rural 97-98 01/23/98 2 PO-65A Rural 97-98 12/11/97 2 PO-66 Rural 97-98 12/03/97 2 CH-02 Rural 98-99 12/5/98 0 CH-28A Rural 98-99 11/20/98 2 HL-22A Rural 98-99 12/20/98 1 LE09B Rural 98-99 12/6/98 2 LE-28A Rural 98-99 12/20/98 2 MN-07 Rural 98-99 None 0 MN-13 Rural 98-99 12/07/98 2 PI-21 Rural 98-99 12/5/98 2 PO-11 Rural 98-99 None 0 P0-48 Rural 98-99 12/05/98 2 PS-05 Rural 98-99 1/9/99 1 SA-04A Rural 98-99 12/31/98 1 37 Millsap et al. P041 Rural 99-00 11/22/99 CH-02 Rural 99-00 12/16/99 CH-26 Rural 99-00 None CH-08 Rural 99-00 12/02/99 MN-07 Rural 99-00 None PO-124 Rural 99-00 12/10/99 LE-24B Rural 99-00 12/16/99 PO-123 Rural 99-00 12/23/99 MN-12 Rural 99-00 ? HL-9C Rural 99-00 11/23/99 PO-39B Rural 99-00 11/23/99 MN-6B Rural 99-00 12/23/99 MN-10 Rural 00-01 02/16/01 PO-45B Rural 00-01 12/13/00 CH-08B Rural 00-01 12/01/00 SA-06D Rural 00-01 12/08/00 PO-126A Rural 00-01 12/20/00 PO-37C Rural 00-01 01/10/01 1 3 0 2 0 2 2 2 0 1 1 1 1 2 2 2 2 2 38 Millsap et al. MN-06B Rural 00-01 01/06/01 2 SA-15A Rural 00-01 12/20/00 1 MN-08 Rural 00-01 12/23/00 1 PO-48 Rural 00-01 11/24/00 2 PO-124 Rural 00-01 12/20/00 1 LE-25B Rural 00-01 12/04/00 1 HL-20 Suburban 96-97 12/05/96 2 HL-24 Suburban 96-97 11/14/96 2 MN-OlE Suburban 96-97 11/06/96 3 PI-07H Suburban 96-97 11/25/96 2 PI-13D Suburban 96-97 11/11/96 2 PI-19A Suburban 96-97 12/29/96 2 PI-20A Suburban 96-97 11/28/96 2 PI-22B Suburban 96-97 11/21/96 3 SA-01B Suburban 96-97 10/28/96 2 SA-07B Suburban 96-97 10/31/96 1 SA-19 Suburban 96-97 12/16/96 1 SA-20 Suburban 96-97 01/23/97 1 CH-29B Suburban 97-98 11/14/97 0 39 Millsap et al. CH-30B Suburban 97-98 11/25/97 2 LE-06G Suburban 97-98 12/28/97 2 LE-027 Suburban 97-98 12/05/97 2 MN-OIE Suburban 97-98 11/28/97 2 PI-07G Suburban 97-98 12/15/97 0 PI-13D Suburban 97-98 03/27/98 2 PI-19A Suburban 97-98 12/21/97 1 PS-02 Suburban 97-98 01/20/98 2 SA-OIB Suburban 97-98 11/21/97 1 SA-05B Suburban 97-98 11/10/97 2 SA-20 Suburban 97-98 None 0 CH-05A Suburban 98-99 11/5/98 2 CH-30C Suburban 98-99 11/20/98 1 LE-06G Suburban 98-99 12/31/98 1 LE-27 Suburban 98-99 12/13/98 2 LE-35 Suburban 98-99 10/25/98 1 LE-36A Suburban 98-99 None 0 PI-07 Suburban 98-99 12/2/98 2 PI-13 Suburban 98-99 11/6/98 2 PI-22B Suburban 98-99 None 0 40 Z 00/t0/Zi 10-00 uegxngnS H61-HO i MEMO 10-00 uegxngnS flL9-Od z i 0/90/ 10 10-00 uugxngnS I90-El'I i 66/£Z/1 l 00-66 tregxngnS S6Z-HO i 66/ZO/Zi 00-66 uegxngnS Hi0-NK £ 66/60/Z i 00-66 uLgxngnS t?Z-'II3 1 00/60/10 00-66 uggmgn5 SOHO 0 ouoN 00-66 uuqjnqnS DOE-Ho 0 ouoN 00-66 uLgxngnS ZO-Sd 0 L 00-66 uegmgns LZ-TI Z 66/60/Zi 00-66 uegmgnS 9£-91 i 66/0£/Zi 00-66 uLgxngnS 61-Id z 00/£0/ZO 00-66 uLglrignS OZ-vs z 66/ZO/Zi 00-66 uugmgnS VOZ-Id Z 00/LI/ZO 00-66 uugxngnS Q£i-Id 0 ouoN 66-86 uugmgnS 61-VS Z 66/5/1 66-86 uegxngnS DLO-VS 0 ouoN 66-86 uLgmgrtS ZO-Sd it, "iu Io desiiiW Millsap et al. 42 SA-05B Suburban 00-01 11/17/00 1 PI-13E Suburban 00-01 12/08/00 1 PI-19A Suburban 00-01 None 0 HL-24A Suburban 00-01 None 0 SA-07A Suburban 00-01 12/08/00 1 PI-07H Suburban 00-01 12/23/00 1 HL-20A Suburban 00-01 01/26/01 2 SA-O1B Suburban 00-01 11/17/00 1 HL-23A Suburban 00-01 11/27/00 1 a The lone eaglet in this nest sustained a fractured tibio-tarsus while being handled for radio-tagging. During subsequent treatment of that fracture, other fractures developed. The eaglet was determined at necropsy to be severely malnourished. Because the eaglet would likely have survived another 1.5 weeks in the nest to reach fledging age, we have counted it here as a fledgling. b Various factors prevented us from returning to these nests to ascertain the number of young that fledged. Numbers given are best estimates based on brood size on the last visit. Millsap et at. 43 Appendix B. Estimated dispersal dates, mortality dates, and causes of mortality of PTT-tagged nestling bald eagles from the west central Florida study area, 1997 - 2001 breeding seasons. Nest Laying Dispersal Mortality date PTT Status PTT Sex Category date date (cause) 28112 F Rural 12/02/96 05/12/97 N/A F Rural 12/14/96 ---- 28116 F Rural 12/27/96 06/20/97 28111 F Rural 01/06/97 06/14/97 28113 F Rural 12/11/97 05/15/98 02217 M Rural 12/12/97 05/28/98 03543 F Rural 12/26/97 06/13/98 02216 F Rural 12/26/97 ---- 28118 U Rural 01/25/98 ---- 28110 F Rural 01/29/98 05/29/98 13167 F Rural 12/06/98 05/21/99 01439 F Rural 12/06/98 05/26/99 13487 M Rural 12/06/98 05/08/99 13494 F Rural 12/12/98 05/17/99 13520 F Rural 12/12/98 05/13/99 03567B M Rural 12/12/98 05/21/99 28106B M Rural 12/20/98 ---- 28112B M Rural 12/31/98 05/27/99 28107B M Rural 01/09/99 06/11/99 24984 M Rural 12/04/99 05/17/00 03/20/97 (starvation) 05/04/99 (unknown) 05/03/98 (storm/trauma) 03/30/98 (disease) 05/13/99 (starvation) Failed 04/23/97 Failed 01/04/99 Failed 07/21/97 Active Active Active Active Active Active Active Active Failed 03/03/00 Active Active Active Millsap et al. 24978 U Rural 12/05/99 05/16/00 24981 M Rural 12/10/99 05/13/00 24982 F Rural 12/11/99 05/24/00 24980 M Rural 12/12/99 05/21/00 28106c F Rural 12/16/99 05/24/00 28109b M Rural 12/23/99 05/19/00 01438C F Rural 12/11/00 05111101 12558B F Rural 12/19/00 05/20/01 22985 F Rural 12/07/00 05/22/01 22987 M Rural 12/16/00 05111101 22988 F Rural 01/02/01 06/02/01 22990 F Rural 01/04/01 06/02/01 22991 F Rural 11/14/00 05/16/01 22992 F Rural 12/18/00 05/20/01 28110B F Rural 01/13/01 06/26/01 28107 M Suburban 11/14/96 04/26/97 28108 M Suburban 11/25/96 05/31/97 28106 F Suburban 12/05/96 05/24/97 28109 F Suburban 12/21/96 06/01/97 28115 M Suburban 11/10/97 05/23/98 28114 F Suburban 11/21/97 05/05/98 28117 F Suburban 11/28/97 05/21/98 28119 M Suburban 12/13/97 05/29/98 03558 M Suburban 12/21/97 05/24/98 01/01/01 (unknown) 08/30/98 (shot or trapped) 44 Active Active Presumed failed 05/26/01 Active Active Active Active Active Active Active Active Active Active Active Active Failed 04/27/97 Failed 06/15/97 Failed 04/24/97 Failed 10/02/97 Active Active Active Millsap et al. 45 03567 F Suburban 12/28/97 06/17/98 06/27/98 ---- (electrocution) 03542 F Suburban 10/25/98 04/10/99 Failed 10/12/99 13498 F Suburban 11/06/98 05/11/99 Active 03557 M Suburban 11/06/98 05/18/99 07/16/00 ---- (hit by car) 12558 M Suburban 12/11/98 05/11/99 10/04/99 ---- (unknown) 13490 M Suburban 12/13/98 05/18/99 Active 13510 M Suburban 12/13/98 06/23/99 10/99 ---- (unknown) 01438 F Suburban 12/31/98 05/29/99 07/29/99 ---- (poisoned) 02216B F Suburban 12/31/98 07/08/99 09/20/99 ---- (electrocution) 28118B F Suburban 01/24/99 07/01/99 Active 24986 F Suburban 12/06/99 06/08/00 Active 24977 F Suburban 12/09/99 05/09/00 Active 24985 M Suburban 12/09/99 06/09/00 Active 24983 M Suburban 12/09/99 04/15/00 Active 24979 F Suburban 12/11/99 06/27/00 Active 28108b M Suburban 12/19/99 05105100 Active 01438b M Suburban 12/30/99 ---- 04/10/00 (Chlamydial infection) 02216C F Suburban 12/06/00 05111101 Active 03557B F Suburban 01/03/01 06/02/01 Active Unknown as of 22986 M Suburban 12/19/00 -- ? 04/18/01 Unknown as of 22989 F Suburban 11/18/00 05/03/01 ? 05/20/01 Millsap et al. 46 22993 M Suburban 12/08/00 05/18/01 Active Unknown as of 22994 F Suburban 11/22/00 _ ? 06/01/01 Unknown as of 22995 F Suburban 12/01/00 04/01/01 ? 06/08/01 22996 F Suburban 11/03/00 04/24/01 Active 22997 F Suburban 12/23/00 06/19/01 Active Millsap et al. 47 Appendix C. Individual health profiles of nestling bald eagles from west central Florida bald eagle nests, 2000 - 2001 breeding seasons. Headings indicate nest site and PTT number. SA-05B, 28108B. Suburban nest. Handled on 2/08/00. This 3100 gram eaglet, the only chick in the nest, was estimated to be 6 2 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test revealed a moderate positive response while the antigen test was negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected. A mild to moderate increase in gamma globulins was present which probably indicated an active humoral immune response. CH-29B 24983, Suburban nest. Handled on 2/16/00. This 3200 gram eaglet, 1 of 2 chicks in the nest, was estimated to be 7-7 2 weeks old and appeared in good condition and health, although slightly thin. Physical exam noted a 0.5 cm superficial laceration of the left outer talon pad. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test revealed a moderate positive response while the antigen test was negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected. PO-119A, 24986, Suburban nest. Handled on 2/28/00. This 3400 gram eaglet, was estimated to be 7 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test revealed a moderate positive response while the antigen test was negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected LE-35, 24979, Suburban nest. Handled on 3/2/00. This 3950 gram eaglet, the only chick in the nest, was estimated to be 10 2 weeks old and appeared in excellent body condition and health. Physical exam revealed a slight lesion on the corner of the right eye. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillosis antibody test revealed a moderate positive response and the antigen test was positive. This would indicate that the eaglet was exposed to Aspergillus and could be currently infected. A mild increase in gamma globulins was present which probably indicated an active humoral immune response. LE-36A, 24985 , Suburban nest. Handled on 3/2/00. This 3150 gram eaglet, 1 of 2 chicks in the nest, was estimated to be 6 2 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test revealed a strong positive response while the antigen test was positive. This would indicate that the eaglet was exposed to Aspergillus and could be currently infected. Millsap et al. 48 HL-24A24977 Suburban nest. Handled on 3/3/00. This 2950 gram eaglet,1 of 3 chicks in the nest, was estimated to be 8 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination. No external parasites were observed. No blood parasites were seen microscopically. The Aspergillus antibody test revealed a strong positive response while the antigen test was negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected PI-19A0143813, Suburban nest. Handled on 3/21/00. This 2500 gram eaglet, the only chick in the nest, was estimated to be 8 weeks old, appeared in poor body condition and health. Physical exam revealed the bird was extremely thin and had crusty material over the vent area. The animal was not able to hold itself up correctly. The feathers revealed stress marks. There was a mild lice infestation. No blood parasites were observed. The Aspergillosis antibody test revealed a strong positive response and the antigen test was positive. This would indicate that the eaglet was exposed to Aspergillus and could be currently infected. A mild to moderate increase in gamma globulins was present which probably indicated an active humoral immune response. This eaglet was found dead on 12 April 2000 near its nest. Necropsy revealed that this bird had a severe pericarditis. Histology indicated that the infection was most likely caused by Chlamydia sp. Free-ranging native birds in Florida are not known to carry this disease. Thus this organism was probably transmitted from non-native monk parakeets that have formed a colony in a tree nearby this eagle nest. PO-124A, 24981 , Rural nest. Handled on 2/26/00. This 2850 gram eaglet, 1 of 2 chicks in the nest, was estimated to be 6 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test revealed a strong positive response while the antigen test was negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected. The A/G ratio was decreased due to increases in Alpha 2 and Seta globulins and this could reflect an underlying inflammatory process. PQ-125.24984, Rural nest. Handled on 2/26/00. This 3000 gram eaglet, 1 of 2 chicks in the nest, was estimated to be 7 weeks old and appeared in good body condition and health. Physical examination reveal a small mammal claw/nail (0.3 cm) superficially imbedded in the skin over the foot. No external parasites were noted. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was negative. This would indicate that no significant exposure to this organism has occurred. HL-22 24978, Rural nest. Handled on 2/27/00. This 3350 gram eaglet, the only chick in the nest, was estimated to be 7 weeks old and appeared in good body condition and health. Physical exam revealed only a mild tracheal sound that was most likely from mucus being present in the area. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test revealed a weak positive response while the antigen test was Millsap et al. 49 negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected LE-21A,24982 Rural nest. Handled on 3/1/00. This 4050 gram eaglet, l of 2 chicks in the nest, was estimated to be 6 2 weeks old and appeared in good body condition and health. Physical exam revealed small marked from dermestid beetles on the talon pads. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected A mild to moderate increase in gamma globulins was present which probably indicated an active humoral immune response. CH-8B. 24980, Rural nest. Handled on 3/2/00. This 3100 gram eaglet,1 of 2 chicks in the nest, was estimated to be 6 2 weeks old and appeared in good body condition and health. Physical exam revealed moderate stress marks on the feathers. There was a moderate lice infestation.. No blood parasites were microscopically observed. The Aspergillus antibody test revealed a strong positive response while the antigen test was negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected. CH-2B. 28106C, Rural nest. Handled on 3/14/00. This 3900 gram eaglet, 1 of 3 chicks in the nest, was estimated to be 7 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative while the antigen test was positive. These results are inconclusive. MN-6B. 28109B, Rural nest. Handled on 3/16/00. This 3250 gram eaglet, the only chick in the nest, was estimated to be 7 weeks old and in good body condition and health. Physical exam revealed fishing line tangled on the bird=s feet. This was removed and no trauma appeared have resulted. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test revealed a weak positive response while the antigen test was negative. This would indicate that the eaglet was exposed to Aspergillus but is probably not currently infected. CH-19 22995, Suburban nest. Handled on 3/2/01. This 3850 gram eaglet, l of 2 chicks in the nest, was estimated to be 8 weeks old and appeared to be in excellent body condition and health. Physical exam noted a fresh puncture wound on a distal left digit. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was weakly positive while the antigen test was negative. This would indicate the eaglet was exposed to Aspergillus and is probably not currently infected. CH-29B. 22996, Suburban nest. Handled on 2/6/01. This 4050 gram eaglet, 1 of 2 chicks in the nest, was estimated to be 8 `/2 - 9 weeks old and appeared in excellent body condition and health. No abnormal findings were noted on the physical examination. Only a mild lice infestation was noted. No blood parasites were microscopically observed. The Aspergillus antibody test was Millsap et al. 50 negative while the antigen test was negative. This would indicate the eaglet is probably not currently infected. There was a second chick in this nest (629-26541), which was not radio instrumented as part of this study, that also appeared in excellent body condition and health. LE-27,03557B, Suburbannest. Handled on 4/4/01. This 3700 gram eaglet, 1 of 2 chicks in the nest, was estimated to be 8 weeks old and appeared in excellent body condition and health. No abnormal findings were noted on the physical examination. There was a heavy lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was weakly positive while the antigen test was negative. This would indicate the eaglet was exposed to Aspergillus and is probably not currently infected. There was a second chick in this nest (629-23863), that was not radio instrumented as part of this study, which weighed 3050 grams and appeared in excellent body condition and health. No abnormal findings were noted on the physical examination. There was a heavy lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was weakly positive while the antigen test was positive. This would indicate the eaglet was exposed to Aspergillus and is probably is currently infected. This bird was electrocuted before dispersal on a power pole near the nest. The carcass was retrieved by USFWS and is being held as evidence. Final necropsy report is pending. LE-36As 22994 Suburban nest. Handled on 2/28/01. This 3950 gram eaglet, l of 2 chicks in the nest, was estimated to be 10 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination, except that the chick exhibited behavior of moderate handling stress. Eaglet was taken to a local rehabilitation center for a more complete physical examination and returned that same afternoon to it's nest. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was weakly positive while the antigen test was negative. This would indicate the eaglet was exposed to Aspergillus and is probably not currently infected. PI-07H, 22997, Suburban nest. Handled on 3/24/01. This 3850 gram eaglet, the only chick in the nest, was estimated to be 8 weeks old and in excellent body condition and health. No abnormal findings were noted on the physical examination. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was negative. This would indicate the eaglet is probably not currently infected. PO-119, 02216C, Suburban nest. Handled on 2/28/01. This 3800 gram eaglet, 1 of 2 chicks in the nest, was estimated to be 7 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination. There was a mild lice infestation. The nest was infested with fire ants. No blood parasites were microscopically observed. The Aspergillus antibody test was weakly positive while the antigen test was negative. This would 50 Millsap et al. 51 indicate the eaglet was exposed to Aspergillus and is probably not currently infected. A mild increase in gamma globulins was present which probably indicated an early or waning humoral immune response. SA-05B. 22989. Suburban nest. Handled on 2/7/01. This 3950 gram eaglet, the only chick in the nest, was estimated to be 6 - 6 '/z weeks old and appeared in excellent body condition and health. No abnormal findings were noted on the physical examination. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was moderately positive while the antigen test was negative. This would indicate the eaglet was exposed to Aspergillus but is probably not currently infected. SA-07,22993, Suburban nest. Handled on 3/11/01. This 3050 gram eaglet, the only chick in the nest, was estimated to be 6 weeks old and appeared in good body condition and health. An old healed wound was noted on the back of the right tarsus. There was a heavy parasite infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was negative. This would indicate the eaglet is probably not currently infected. SA-19.22986. Suburban nest. Handled on 3/10/01. This 3450 gram eaglet, 1 of 2 chicks in the nest was estimated to be 6.5 weeks old and appeared in good body condition and health. No abnormal findings were noted on the physical examination. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative while the antigen test was positive. The Aspergillus test results are inconclusive. An increase in alpha 2 globulins was present which may reflect an underlying acute inflammation. CH-08B. 01438C, Rural nest. Handled on 3/2/01. This 3550 gram eaglet, 1 of 2 chicks in the nest, was estimated to be 6 '/z weeks old and appeared in poor body condition and health. The sheaths were retained on feathers and a sharp keel was prominent. The eaglet exhibited a marked stress response to handling by shuddering. No external parasites were observed on this eaglet. No blood parasites were microscopically observed. The Aspergillus antibody test was moderately positive while the antigen test was negative. This would indicate the eaglet was exposed to Aspergillus and is probably not currently infected. A moderate increase in gamma globulins was present which probably indicated an active humoral immune response. MN-06B. 22990. Rural nest. Handled on 4/5/01. This 3050 gram eaglet, 1 of 2 chicks in the nest was estimated to be 8 weeks old and was in good physical condition and health. No blood parasites were microscopically observed. The Aspergillus antibody test was weakly positive while the antigen test was negative. This would indicate the eaglet was exposed to Aspergillus and is probably not currently infected. There was a second chick in the nest (629-23864), which was not radio instrumented as part of this study, which weighed 3850 grams, and appeared in excellent body condition and health. 51 Millsap et al. 52 PO-48.22985, Rural nest. Handled on 2/26/01. This 3500 gram eaglet weighed with it's transmitter, 1 of 2 chicks in the nest, was estimated to be 6 %2 - 7 weeks old and appeared to be in excellent body condition and health. No abnormal findings were noted on the physical examination. There were no external parasites observed on this eaglet. No blood parasites were microscopically observed. The Aspergillus antibody test was weakly positive while the antigen test was positive. This would indicate the eaglet was exposed to Aspergillus and is probably currently infected. A moderate increase in gamma globulins was present which probably indicated an active humoral immune response. PO-65A22987, Rural nest. Handled on 3/21/01. This 3725 gram eaglet, 1 of 3 chicks in the nest, was estimated to be 8 '/2 weeks old and appeared to be in excellent body condition and health. No abnormal findings were noted on the physical examination. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was negative. This would indicate the eaglet is probably not currently infected. The second eaglet from this nest (629-23854), which was not radio instrumented as part of this study, weighed 3750 grams and appeared to be in excellent body condition and health. This eaglet had no abnormal findings were noted on the physical examination. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was positive. The Aspergillus test results are inconclusive. A third eaglet from this nest (629-23855), which was also not radio instrumented as part of this study, weighed 2800 grams and appeared to be in excellent body condition and health. No abnormal findings were noted on the physical examination. There was a mild lice infestation. No blood taken was taken for analysis from this chick. PO-124.22992, Rural nest. Handled on 3/23/01. This 3400 gram eaglet, the only chick in the nest, was estimated to be 8 '/2 weeks old and appeared in good body condition and health. A fresh puncture wound on the left wing was noted during physical examination. There was a heavy lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was positive. The Aspergillus test results are inconclusive. A mild to moderate in crease in beta globulins was present and reflective of acute inflamation. PO-126A. 12558B, Rural nest. Handled on 3/20/01. This eaglet, lof 2 chicks in the nest, was estimated to be 8 weeks old and appeared in good body condition and health. There was mild feather damage, most likely due to the heavy lice infestation. No blood parasites were microscopically observed. No fecal parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was negative. This would indicate the eaglet is probably not currently infected. A mild increase in the alpha 1 globulins was present which probably indicated an acute inflammation. 52 Millsap et al. 53 LE-25B 22991 Rural nest. Handled on 2/10/01. This 3950 gram eaglet, the only chick in the nest, was estimated to be 7 %2 weeks old and appeared to be in good body condition and health. No abnormal findings were noted on physical examination. There was a moderate lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was negative. This would indicate the eaglet is probably not currently infected. SA-34.22988, Rural nest. Handled on 4/7/01. This 3250 gram eaglet, was 1 of 2 chicks in the nest and was estimated to be 8 '/z to 9 weeks old and appeared to be in good body condition and health. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative while the antigen test was positive. This Aspergillus test results are inconclusive. An increase in beta and gamma globulins were present and reflective of acute inflammation with stimulation of humoral immunity. PS-05, 281105, Rural nest. Handled on 3/31/01. This 3250 gram eaglet, the only chick in the nest, was estimated to be b weeks old and appeared to be in good body condition and health. No abnormal findings were noted on physical examination. There was a mild lice infestation. No blood parasites were microscopically observed. The Aspergillus antibody test was negative and the antigen test was negative. This would indicate the eaglet is probably not currently infected. 53 Millsap et al. 54 Sereeale \ ? _ ¦ ¦¦ ¦ .._._....? ¦ 0 ¦¦ N Is ¦? PMW .. ®.. .. ...._...?... . ¦ MOM '116 a a Is ?- ° ¦ 4 ¦ ¦ z., Plnefa6 ; ° • a ¦ ?? ip Polk ¦ Menefee we m ¦ lE] ¦ ° &dxwbon noob umd In produod ft orrdya o PA" nods uaod in produadit on*pw e • Suburban nod tarrlWas ° ¦ ¦ Rural nods bm.mbriss 50 O 50 100 lGkm tom Figure 1. Map of the west central Florida study area where we mvesbgded demographic charwkmstws of suburban and rural bald eagle wkwpu{ntiorrs firm 1997 - 2001. Lee and Pasco coin was added m 1998. 54 Millsap et al. 4 0 0 0 N ? U 12 N 10 9l 8 B ? 4 2 m E 0 V I U !Z 3 b 0 u e 1997 1998 1999 2000 2001 Year a Rural d Suburban 12 N m 11 N N 10 I 1 9 L I 9 [ 8 C 3 7 Z Rural Suburban Land-use category 55 Figure 2. Bald eagle nest site occupancy varied among years (a), but there was no significant difference between suburban and rural nest sites (b). Data were collected from 1957 - 2001 in west central Florida. Millsap et at. 15 10 c 0 u 5 -w- Rural Suburban r ? f f i ? r ? f ? i f ? 1 ? 1 Oct 20 Nov 10 Jan 1 Mar 20 Apr Laying date 56 Figure 3. Kernel frequency distributions of estimated nest start dates of suburban and rural west central Florida bald eagles, 1997 -2001. M 11sap et al. L u C A C A 0 E 0 A a a C A p A C A W W C A A 3 o Rural a Suburban 1 Mar 10 Jan 20 Nov 1997 1998 1999 2000 2001 Breeding season 1 Mar 10 Jan 20 Nov f ? Rural Suburban Land-use category 57 Figure 4. Mean nest start dates for suburban and rural bald eagles varied inversely among years (a), but means were not significantly different (b). Data were collected from 1997 - 2001 in west central Florida Millsap et al. Rural 4g9'?99"Ag9' 00" 00 2 O 3 n U 2? C a? 0? ? f ^ N ? 3 M v 2? C m3 N ? C ? 0 ? 91 (F ,?9 ,?99 00 00 , 0 909 00 01, a 2 2 2 ? rt ? Year N a Figure 5. There was no significant difference in the number of young reaching 8 weeks o ge per occupied or per successful nest ske between suburban and rural bald eagles in west centre lorida, 1997 - 2001. 58 11 1 '/. 'k Suburban M 11sap et al. a b 30 L 4 20 E 3 z 10 ---- Rural Suburban r' r ? r ? r ? r? I f 50 ?A W 0 4 a L 200 s, u W 150 C 4 100 1 2 50 100 150 200 Days old at dispersal f .I» Rural Suburban Land-use category 59 Figure 6. Unlike rural bald eagle fledglings, suburban fledglings exhibited a bimodal peak in dispersal dates (a). As a result, dispersal tended to occur significantly later date for suburban bald eagles (b). Data were collected from 1997 - 2001 in west central Florida. Millsap et al. Distribution contour (%) 60 Figure 7. From 1 June to 1 September, PTT-tagged sub-adult west central Florida bald eagles were concentrated between the Chesapeake Bay and St Lawrence River. Data are from 63 bald eagles radio-tagged as nestlings from 1997 - 2001. 900 0 900 1800 Kilometers Millsap et al. N A Distribution contour (%) 0 25 26 - 35 =36-45 d6-55 56 - 65 66-75 76-85 86 - 95 900 0 900 1800 Kilometers 61 Figure 8. From 2 September to 30 May, PTT-tagged sub-adult west central Florida bald eagles were concentrated in western and central Florida. Data are from 63 PTT-tagged bald eagle nestlings from 1997 - 2001 that survived to disperse from the natal area. Millsap et al.. a b c 0 1.0 U 3 0.9 L 0 0.8 L 0.7 0 ------ Rural Suburban ---------- ---------- 0.6 0.5L C 0 1.0 Z U C 0 0.9 w L } 0.8 L ??3p 0.7 U1 100 200 300 400 500 600 700 800 Days of age 0.6 0.5 L 0 100 200 300 400 500 600 700 800 Days of age 62 Figure 9. Kaplan - Meier survival functions show that survival of PTT-tagged suburban and rural west central Florida bald eagles began to diverge at 100 to 150 days of age, about the time northward migration started. Survival of suburban and rural eagles equalised again at about 200 days of age, about the time the fall return migration to Florida ended. This pattern is apparent whether PTTs of uncertain fate are treated as mortalities (a), or are censored as radio failures (b). Data are from 70 PTT-tagged nestling bald eagles from 1997 - 2001. ---- Rural Suburban ---------- M 11sap et al. N L is Id 4- 0 L 7 Z 0 365 730 1095 1460 Days of age 7 6 5 4 3 2 1 0 1 2 3 4 5 6 7 Rural Suburban 0.3 0.2 T 0.1 0 0.0 0 0.1 0 0.2 J T 1825 0 , 63 Figure 10. Most mortality of PTT-tagged rural bald eagle fledglings occurred in the natal area prior to dispersal, whereas most mortality of suburban bald eagles occurred after dispersal during migration. Data are from 70 bald eagles PTT-tagged in west central Florida as nestlings from 1997 - 2001. d 0 40'?? 41-?a Pinellas Chapter of the Florida Native Plant Society PO Box 1661, Pinellas Park, Florida 33780-1661 (727) 544-7341 • pinellas@fnpschapters.org http://pinellasnativeplants.org/ 2 August 2010 To: Mayor Hibbard, Vice Mayor Doran, and Council Members George Cretekos, Bill Jonson, and Paul Gibson: Re: Clearwater Christian College Development Plan The Pinellas Chapter of the Florida Native Plant Society is opposed to the approval of the City of Clearwater Comprehensive Plan Amendment Case # LUZ2010-06002 and Development Agreement Case # DVA2010-06001. The 200+ members of the Pinellas Chapter of the Florida Native Plant Society support wise land-use policy, laws, and enforcement. Our goal as a Chapter includes the protection, maintenance, and restoration of natural areas and native species in Pinellas County. In order to provide protection for our land, plants, and wildlife in their sensitive floodplain and wetland habitats, we support parameters that minimize habitat destruction and degradation. We support strong implementation of those parameters. Also, we support the principles and policies used to identify the sensitive uplands and wetlands needing protection that the City then applied to creation of the Comprehensive Plan. We all can agree on the use of wisdom and reasoned consideration that went into the creation of that document. Therefore, we urge the city to remain firm in its commitment to the goals of the Comprehensive Plan and to reject attempts to undermine it. We support retaining the designation of the proposed amendment property as "Preservation." We strongly support the protection, in undisturbed habitat, of all the wildlife and plant species that reside there. Adhering to Comprehensive Plans has become an important statewide issue. We urge you to deny this amendment request and to implement the wisdom of the approved Comprehensive Plan. Thank you, Ginny Nels n Conservation/Advocacy Chairperson Empty Nest Syndrome Worries Eagle Watchers . .[,PLO 43(4". 11B '! 1 2 Corr ® Email @ Print F,3 NEWS WEATHER COMMUNITY ENTERTAINMENT SPORTS LIFESTYLES TOOLS Jobs Auto Services L Search; LI KEYWOR051 NEWSLSHOPI_PHOTOI EVENTS?EOf AUDIOIWEBI MORE b HC)Q(SEARi Enter Search Term or Keyword Submit Query Wednesday, August 4, 2010 Tampa 800 Mostly Cloudy TBO > News Empty Nest Syndrome Worries Eagle Watchers ADVERTISEMENT Save at least 50%1 of on local hot spots By MARK DOUGLAS mdouglas@wfla.com Published: December 7, 2008 Page 1 of 4 © © tr share In a developing comer of Pinellas County, an Audubon volunteer says the empty nest of a pair of bald eagles - the symbol of the nation's strength - underscores the weakness of state laws meant to protect the birds America loves. The eagle nest sits in a tall pine on a fence line, perched high above T pasture land on 130th Avenue in Seminole - owned, coincidentally, by the local Society for the Prevention of Cruelty to Animals. Tampa UY On the other side of the fence is an industrial park. Eagle watcher Notifiers Barbara Walker of the Clearwater Audubon Society thinks new All Seasons construction there drove off a breeding pair of bald eagles. Mortgage Underwriters, ]CIII uutbAasc tRebusalYnc. Until now, the nest they inhabited hadn't gone empty in 10 years. Theouaalle THO peaict "I think in this case we're seeing the need for stronger local protections," INSTITUTE said Walker, who wants to see Pinellas County adopt an ordinance RN OR Circulators & Surgical strengthening government protection for bald eagles like one in Lee Techs FLORIDA ORTHOPAEDIC County. ty INSTITUTE Senior Estimator "The point of an ordinance is enforceability and to make sure the same PRINCE CONTRACTING CO., rules apply to various landowners that are affected by a bald eagle INC. nest," Walker said. Associate Attorney SHAPIRO & FISHMAN, LLP Audubon eagle watchers say they monitor 22 active breeding nests in On-Site Telephonic Case Manager Coventry Health Services Pinellas and are developing similar lists in other Bay area counties. RN, Front Office, Financial CsIrs FLORIDA CANCER SPECIALIST The state agency that oversees wildlife protection disagrees. http://www2.tbo.com/contentl2008/dec/071na-empty-nest-syndrome-worries-eagle-watchers/ 8/4/2010 Make TBO Your Home Page I Subscribe / Manage Acct. I Advertise With Us Empty Nest Syndrome Worries Eagle Watchers Page 2 of 4 More Top Jobs "We don't support that," said Elsa Haubold of the Florida Fish and Wildlife Commission. Haubold wasn't familiar with the empty nest in Seminole but said eagles are generally thriving in Florida and notes they have been taken off endangered specials lists on the state and federal levels. Commission records for 2008 show 17 active bald eagle nests in Pinellas County, 20 in Hillsborough, 18 in Pasco, 21 in Manatee, and 119 in Polk County. "The eagle is a great success story for Florida," Haubold said. Nest At Center Of Argument The nest in Seminole has been at the heart of a dispute between development and conservation for a number of years, said Beth Lockwood, executive director of the local SPCA. "We've had problems with the construction next door for several years, and we've contacted Fish and Wildlife and they've held them in compliance," Lockwood said. After years of nesting and raising eaglets in the pine tree, the adult birds vanished during this year's October to May breeding season. "I saw them arrive in August and I've seen them up to about a month ago," Lockwood said. But even then, the eagles were only flying around, and not taking up residence. Lockwood, like Walker, blames the new construction just across the fence line that runs under the nest. "You're talking about banging and heavy equipment and that type of noise," Lockwood said. Florida's Bald Eagle Management Plan, created April 9 after the state removed eagles from its endangered species list, bans construction within 330 feet of an eagle nest during breeding season and prohibits other disruptions that might disturb the state's growing eagle population. Walker said the law is good but needs more local enforcement help. She cites the empty nest as an example. Buyer Says He's Good Neighbor Dean Miller, who is buying the property where the construction is under way, said the eagles there have adapted well, however. Miller, who owns an adjacent industrial park, doesn't dispute that the nest may be vacant now. He just doesn't see a connection with the construction project. "We had to hire an eagle expert to watch the eagles," Miller said. "It turns out I think I know more about the eagles than the eagle expert." http://www2.tbo.com/contentl2008/dec/071na-empty-nest-syndrome-worries-eagle-watchers/ 8/4/2010 Empty Nest Syndrome Worries Eagle Watchers 5 He enjoys watching eagles soar over his property and talked about watching one in particular. "He owns all the air space above that land." The eagles, he contends, are "urbanized." He recalled watching as a bird perched and gazed out toward an excavating machine grinding away right under the nest. "I can assure you we are not troubling that eagle in the least," Miller said. Construction stopped on the new building recently, but not because of state intervention, he said. Rather, the current owner is selling to Miller as Miller works to build up his Ulmerton Industrial Mart. Miller said he might even erect a tower with a camera to stream video of the eagles on the Internet if and when they return to the nest. "I think they're kinda cool," he said. Still, Walker is pushing Pinellas to pass an ordinance and would like to see Hillsborough, Pasco, and other Bay area counties do the same. And like everyone else who has monitored the eagles at the SPCA over the years, Walker wants to see them return to breed again. "We hope they're just taking a year off and they'll come back next year," she said. "But who's to say?" News Channel 8 reporter Mark Douglas can be reached at (727) 536 -9603. Share this: 0 M Email Facebook Twitter MySpace MORE FROM THIS CHANNEL • Some skeptical of report_saXing spill oil mostly gone .......................................... • Missouri vote puts health care back in crosshairs ...............-.... ....................... ... - Rock the vote: Elvis Presley running for Arkansas governor _.--- ............................._.-............... - Girlfriend: Conn: gunman'dazed' before rampage Please sign in to leave comments. (Register for an account.) Usemame: Password: - ---- (Lost your password?) L in Page 3 of 4 http://www2.tbo.comlcontentl2008ldec/071na-empty-nest-syndrome-worries-eagle-watchers/ 8/4/2010 h Y?^I " r N C4 ? M T M ? m ? uj ? ? LU J F- Q N O LL U J Z ? J N Eagle's fatal shooting in Seminole ignites outrage - St. Petersburg Times Page 1 of 4 _ .__ ....... - -_----.._..._.._....__._ barbiblydlOo I LOU out Today's paper I eEdition I Subscribe The TrUM-O-Meter Latest print edition v Classifieds BooCoo Auctions .v Jobs .Y Real Estate v Cars Shop Advertise Home News v Politics Opinion v Sports Things to Do v Money Features Bbgs Weather Traffic Site map Search ?Oj Slte (`,? V*b C) Anahives - pack to 1987 Google Newspaper Archive - back to 1901 pewusd by C;VU$le Q $L?klmtiYt? Want More Breaking News? lme? Eagle's fatal shooting in Seminole ignites outrage ?? Environment: Wildlife By Stephanie Garry, Times Staff Writer x? In Print: Thursday, January 29, 2009 Top Stories In Your Inbox Photo by Eamonn Kneeshaw . ST. PETERSBURG - The X-ray showed a metal fragment lodged In the bald eagle's wing. Rescuers concluded the bird died Tuesday from a gunshot. The news has prompted donations totaling $4,000 In reward money for information leading to the killer. Rescuers say they won't know for sure how the eagle was killed until the U.S. Fish and Wildlife Service conducts a necropsy. But bird lovers are saddened - If not surprised - to think that someone shot the eagle. "rve been here 26 years, rve see a lot," said Barbara Suto, hospital supervisor at the Suncoast Seabird Sanctuary, which took the Irdured eagle In after it was spotted In Seminole on Monday. Though eagles are prized as the national symbol and protected by federal taw, they are no longer endangered and have been victims before. Earlier this month, federal prosecutors charged a man with shooting a bald eagle in Ruskin. The bald eagle has rebounded since the pesticide DDT, which damaged bird eggs, was banned in 1972. ¦w¦IIIMIMIF?; Subscribe to the Times `?F trrkr?lnftrd ? '" ` Click here for daily delivery of the St Petersburg Tlmeshttp://www.tampabay.com/news/environment/wildlifdarticle971478.ece 8/4/2010 Print email Post Republish sorry Tools O caomersonthlsstory , Contacttheedrtor CO Email Newslame Social Bookmerking Share-This v Eagle's fatal shooting in Seminole ignites outrage - St. Petersburg Times More than 3,400 eagles are estimated to live in Florida, the second-largest population in the nation, trailing only Minnesota. In 2007, the federal government took the bald eagle off the endangered species Ilst, though it's still protected by federal and state law. People convicted of killing eagles face up to a year in prison and fines. Ulgonda Kirkpatrick, eagle plan coordinator for the Florida Fish and Wildlife Conservation Commission, said state guidelines restrict how close developers can build next to eagle nests Because of those protections, she gets calls from homeowners who are upset that eagles are nesting on their property. She said that never justifies killing the majestic birds. "I don't understand why someone would ever want to harm, let alone kill, a bird that is just so magnificent," she said. Times staff writers Kameel Stanley and Emily Nipps and Times researcher Caryn Bairn cnntHbuted to this report. ADVERTISEMEN1 001MtM SE: CUSTOMERS C1111MONROV, ALLYOUR ?A?Ta ?I MiNw"a! wrwa rrr??r• wwlrr n` w rnrrS •F nes. csnr V Featured Mudwars Manatee Gadget Guy - rescued, Convert AA released near batteries to C Clearwater and 0 Pirl( ............. ? AV ty,??. ? k i__kkrrke puny T $$ PW6 VYnI and ? Ent LeaM1Nn ,?.,. imo coy 3 `7 a. Lean; ?t te 41 qW ? - le b ''Sl P ? e ra tr i y lj Y"?' ? . oo r . a wrMr G~ "gr6w o Lake Msh O pi'f oa?s View Larger Map Fast /Sets Now to help Above, Liz Vreeland of Suncoast Bird Sanctuary carries the eagle rescued near 113th Street and 84th Avenue N In Seminole. Anyone with information on its injuries can call Janet Rider of the U.S. Fish and Wildlife service at (352) 429-1037 or e-mail ]anet_Rlder@fws.gov. [Last modified: Feb 04, 2009 11:46 PM] Click here for reuse opmnsl Copyright 2010 St. Petersburg Times There are 11 aennnento Oldest First j -? Anonymous wrote: its a shame when I read these things.I put my money K was klds,or teenagers with hunting guns that did this. ]an 29, 2009 8:40 AM 0 0 Report Abuse http: //www.tampabay. com/news/environment/wildlife/article971478. ece Page 2 of 4 8/4/2010 Eagle's fatal shooting in Seminole ignites outrage - St. Petersburg Times Page 3 of 4 L..i Anonymous wrote: J, Let's see, you have 100 acres of property for sell. You cannot develop any of the land In a 1 mile drde around the eagle's nest. Do I get rid of eagle so I may sell land worth millions? The building node is too restrictive. This will continue. Jan 29, 2009 9:00 AM 0 0 Report Abuse ..... ......... .... Anonymous wrote: so Instead of the police finding out who did thls_.,we have to gather up a mountain of money,so the peril can be'Dimed Out'? stop throwing money at ProblemslI Jan 29, 2009 9:40 AM a 0 Report Abuse ............ . . Anonymous wrote: You give kids too much credit. This was a builder or property owner who's greed led them to kill. 95% of the time, that Is the rase. Check owners of vacant land around there and you will find your killer, Jan 29, 2009 12:06 PM 0 0 Report Abuse - Anonymous wrote: `I don't understand why someone would ever wart to harm, let alone kill, a bird that Is just so magnificent; she said. I'll tell you why... because we live In a society where god,natum,kindness,and just caring In general have all been snuffed out Jan 29, 2009 12:36 PM O 0 Report ADYae -- - 1 Anonymous wrote: I have the suspicion that the eagle was dblodged from his home in the area near St.PeteColtege where a nature trail development Is being done. That doesn't give anybody the right to shoot the poor animal, evicted from Its habitat. )an 29, 2009 1:46 PM 0 0 Report Abuse ,? - Anonymous wrote: °`• As a longtime Sanctuary volunteer I am outraged at the scum that did this. And as a conservative American I can't help but see this killing of our national bird as symbolic of Obama killing our county. Jan 29, 2009 4:30 PM 0 0 Report Abuse -? Anonymous wrote: Ridiculous action by an inconsiderate and self-absorbed derelict. The American Eagle is a dynamic example of stature and prowess, coupled with symbolic grace and the tenacity of the American splrit.A crime against society. Jan 30, 2009 7:34 PM 0 0 Report Abuse Anonymous wrote: I hope this Isn't the same eagle I saw flying In my area by 49th St and 38th Ave, on Dec. 28th, we were all so excited to see him, not a goad place for him to be thc, Not our average hood bird. Very sad. Jan 30, 2009 7:40 PM 0 0 Report Abuse Anonymous wrote: L I hope the Persons are caught and fined. Jan 31, 2009 8:44 AM 0 0 Report Abuse - Anonymous wrote: -? brug - it is not likely that was the same eagle, too tar away. It is distressing what happened to this eagle but encroachment remains the number one danger to eagles. Another eagle was shot In Appalachlcola In late January. Feb 4, 2009 5:26 PM 0 0 ReportAbuse Nacre your spy... Vkw ourcommenrl ui urll0.'1#W Read ourr9QQr abuse,JZUf?e http://www.tampabay.com/news/environment/wildlife/article971478.ece 8/4/2010 Reward offered in slaying of bald eagle I Reporting with a camera Page 1 of 3 BEHIND THE LENS OUR LENS YOUR LENS WORLD IN A SNAF IM YOUR LENS I Interesting photos from our community Reward offered in slaying of bald eagle http: //blogs.tampabay. comlphoto/2009/06/the-reward-for-information-leading-to-arrest-and-... 8/4/2010 Barbara Walker, a Clearwater Audubon Society board member and EagleWatch Volunteer, went to expecting to see an adult bald eagle found injured in a Seminole neighborhood the previous day. `. even worse news about the cause of death. The eagle had been shot. • This photo was recently re Deward offered in slaying of bald eagle I Reporting with a camera information leading to arrest and conviction of the party responsible for the shooting. "We hope th Walker. The money was pledged by the SPCA, Clearwater Audubon Society, St. Petersburg Audubi Voices for Animals, Concerned Citizens of Tarpon Springs and private donors. Additional reward m state wildlife agencies. Anyone with information should call Janet Rider with the U.S. Fish and Wilc Janet_Rider@fws.gov. • Another bald eagle was killed this year in Florida, also in January. The imi the Apalachicola National Forest. The killing of a female eagle in Manatee County in January 2008 $14,000 may still be available for information leading to a conviction in that case. The female eagl eagles incubating in eggs underneath her also died. Earlier this month, a Hudson man who shot a and sentenced in federal court to six months in prison followed by a year's probation. • Eagles are protected by federal and state law. People convicted of killing an eagle face up to a year in prison. 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Guidance to Avoid Disturbing Bald Eagles in Florida THIS IS NOT A STATE OR FEDERAL PERMIT Recommendations are only valid in the state of Florida SUMMARY OF SELECTIONS: Under Category B the project involves the following development or construction activity: Building construction, 3 or more stories; Building construction, 1 or 2 stories, with a project footprint of more than 1./2 acre; Mining; Oil and natural gas drilling and refining; Installation or expansion of marinas with a capacity of 6 or more boats Yes - The nest is visible from within the project footprint or activity area (there is no visual buffer) Yes - Other similar activities are occurring within 1,500 feet of the nest You have determined that there is no visual buffer between the bald eagle nest (active or alternate), i.e. the bald eagle nest can be seen from the activity or project site, and there is similar activity within 1,500 feet of the nest. Therefore, to avoid disturbing nesting eagles and their young, we recommend that you: (1) Maintain a buffer of at least 660 feet (200 meters) between your activities and the nest (including active and alternate nests), or as close as existing activities of similar scope, whichever is closer. By signing and dating this form you agree that: Yes - I can implement the recommendations. If you are able to implement these recommendations, disturbance of nesting bald eagles is unlikely to occur. THIS IS NOT A STATE OR FEDERAL PERMIT Recommendations above are only valid in the state of Florida Signature: Date: o 061P RE: Abandoned Nest Declaration The Florida Fish and Wildlife Conservation Commission (FWC) does not declare Florida Fish nests abandoned because the agency does not have the nest specific data that would and Wildlife nor the resources to collect such data or enable us to make abandoned nest declarations Conservation Commission , verify such data if presented to us by other entities. It is the responsibility of the person contemplating an activity near an eagle nest to determine if that nest is abandoned or not. The FWC defines an abandoned nest as "a bald eagle nest that is in tact or Commissioners Rodney 8arreto partially intact but has been inactive through five or more consecutive nesting seasons." Chair The U.S. Fish and Wildlife Service (USFWS) National Bald Eagle Management Miami Guidelines specify that if someone has "information to show that the nest has not been an S. rablonskl Bri Vice-Chair active during the preceding five breeding seasons, the recommendations provided in the Tallahassee guidelines for avoiding disturbance around the nest site may no longer be warranted." If Kathy Ba`eO you believe the nest of interest meets the FWC or USFWS definition, then the guidelines Jacksonville on what may and may not be done within specified distances from the nest no longer Ronald M. Bergeron Fort Lauderdale apply, and you may proceed with the activity being contemplated without a permit, Richard A. Corbett unless there is a new nest in the area of question. However, the nest and the tree it is in Tampa remain protected and the activity in question cannot harm the nest or nest tree. Dwight Stephenson Delray Beach The FWC recommends being prepared to present your evidence, justification, or Kenneth W. Wright reasoning for believing the nest to be abandoned should a concerned citizen report the Winter Park activity and a wildlife officer investigates the report. The FWC Eagle Nest Locator database (httu://myfwc-com/eagle/eaglenests/Default.asp) may be helpful in making your Executive Staff determination. Please be aware that the database tracks the status of eagle nesting Kenneth D. Haddad territories, not individual nests, and many territories may have multiple nests. If the Executive Director the most current nest territory data can be database is unavailable on the web site Victor J. Heller , obtained by emailing your request to baldea le m fwc.com or by calling 386-758-0525. Assistant Executive Director Karen Ventimiglia Deputy Chief of Staff Office of the Executive Director Kenneth D. Haddad Executive Director (850) 487.3796 (850) 921-5786 FAX Managing fish and wildlife resources for their long- term well-being and the benefit of people. 620 South Meridian Street Tallahassee. Florida 32399-1600 Voice: (850) 488-4676 Hearing/speech impaired: (800) 955-8771(T) (800) 955-8770 (V) MyFWC.com 0?\ ?. Ameriv an Planning :'lssnciat,ion December 2007 Banking on a Loss Wetland mitigation banks may be much more interested in profit than environmental protection. By Craig P/ttman About 15 minutes outside the Central Florida town of Clermont Is a rolling hillside covered with wildflowers. The sandy hill, full of stunted oaks, rises to about 140 feet above sea level, which means it's about as dry as land in Florida can get. But as far as the government is concerned it's a muddy swamp. Welcome to the Lake Louisa Wetland Mitigation Bank, part of a billion-dollar industry that for more than a decade has been making It easier to replace the nation's dwindling supply of wetlands with new homes, stores, and highways. Instead of making up for the damage to wetlands themselves, builders can write a check to a mitigation banker, buying "wetland credits" that are supposed to equal what's been lost. The wetland mitigation banking industry is unknown to the general public. Even some professional planners are in the dark about it. At the Northeast Florida Regional Planning Council in Jacksonville, for instance, no one has any Information about the dozen or so mitigation banks in the region, says Kathy Dennis, AICP. But the business is booming. Fifteen years ago, only 46 banks existed nationwide. Now there are more than 400. In Florida, where the U.S. Army Corps of Engineers issues more wetland destruction permits than in any other state, more than 40 banks are scattered across the state. "It's a great way to make a living. We're doing the Lord's work and getting paid for It," says Florida Republican Party vice chairman Allison DeFoor, who works for EarthBalance, a company that has launched four Florida banks and has a dozen more in the works. Credit prices in Florida range from as low as $17,000 per credit in sleepy North Florida to as high as $150,000 each in fast-growing Central Florida. Yet the banks' prices are cheap enough to appeal to developers because they are an easy way to satisfy the requirements of their permits. "In 95 percent of the cases we're more economical to the developter than any other form of mitigation," says Raymond Pavelka, a Southwest Florida developer who also runs a pair of mitigation banks there. They love it The promise of the wetland mitigation banking industry - a free-market solution that's good for the environment - pleases politicians of every stripe. Thanks to a strong lobbying effort by the National Mitigation Banking Association, headquartered in Orlando, Congress has steered millions in federal funds into the bankers' pockets to make up for highway projects that destroyed wetlands. Now the federal government wants to boost the industry even more, proposing a new set of wetland-destruction rules that will all but require private developers to use the banks. "We're going to have a tremendous number of mitigation banks after we finalize this rule," U.S. Environmental Protection Agency assistant administrator Benjamin Grumbles predicted last year at a forum on wetlands mitigation. But as the bone-dry Lake Louisa bank shows, not all is as it seems in the world of wetland mitigation banks. Making the trade "A lot of banks are square pegs pounded into round holes," says Chuck Olson, a veteran environmental consultant whose company, Mitbank USA, owns the 2,675-acre Bluefield Ranch Mitigation Bank on Florida's east coast. "A lot of them are people looking to cash out on bad pieces of property by turning them into mitigation banks." Wetlands are protected under the Clean Water Act because they absorb floods, filter out pollution, recharge the underground water supply, and provide habitat for a wide range of wildlife. When builders destroy a swamp, they are supposed to make up for the damage because federal policy says there should be no net loss of wetlands. For years the most common way developers mitigated their wetland destruction was by promising to create a new wetland elsewhere. But a 2001 National Research Council report found that mitigation projects rarely work and that the Corps does a poor job of tracking success and failure. Advocates of mitigation banking contend it's the ideal alternative. The would-be banker buys a wetland that has been drained, usually by farmers. The banker draws up a plan for turning it back into a swamp, usually by blocking ditches or filling in canals, then replanting wetland vegetation. Regulators review the plan and decide how to translate the restoration into wetland credits. Invariably the permits require the owner to sign over all development rights and set up a fund to maintain the site in perpetuity. Each bank usually gets a certain number of credits just for putting a conservation easement on the property, with more credits released at each stage of restoration progress. From the public's perspective, the trick is not to let mitigation banks make silk purses out of sows' ears, says Wayne Daltry, AICP, Lee County's smart growth coordinator. In other words, the banker's work should offer some wetland-related benefit to the community instead of simply allowing an entrepreneur to rake in big bucks for doing little beyond fencing off some land. For Instance, one 1,650-acre central Florida mitigation bank filters the pollution from the stormwater runoff coming from Walt Disney's theme parks, helping keep a creek clean as well as earning profit for the bank owner. Banking started In Louisiana In the 1980s. The Fina Oil Company took a 7,000-acre parcel of degraded wetlands, built levees and weirs to fix the flow of water across the property, then banked the mitigation value to use later, as Fina destroyed wetlands elsewhere during its routine operations. The Idea caught on quickly, especially after Congress passed the Intermodal Surface Transportation Efficiency Act of 1991, which authorized state highway departments to use federal funds to establish mitigation banks. Then along came a Florida company that refined the idea. George Platt, a former Broward County commissioner and state treasurer of the Democratic Party, joined forces with partner David Johns to launch a company called Florida Wetlandsbank. Platt and Johns cut a deal with the city of Pembroke Pines for use of a weed-choked garbage pit that a developer had donated to the city. They turned the property back into a 450-acre marsh on the eastern edge of the Everglades. But instead of keeping the credits for its own use, Florida Wetlandsbank sold them to developers destroying wetlands, splitting the profit with the city. Because of the devastation wrought by Hurricane Andrew in 1992, more than 100,000 Miami-Dade residents moved out of their damaged homes. Many moved one county north to Broward. The demand for new housing there led to wholesale destruction of wetlands. "Of course the whole south end of Broward is a floodplain, practically, so everything needed to be mitigated," Platt says. But now the easy way to make up for the wetland destruction was to buy credits from Florida Wetlandsbank. In six years Platt's company managed to sell every credit. Total take: $20 million. However, the wave of development that generated those profits also left their bank an island of green surrounded by sprawl. "We're adjacent on three sides to areas that were either developed or were going to be developed," says Platt. "One is called The Preserve, and the developer charges an extra $10,000 a lot to look out on our swamp." Dry wetlands The point of wetland mitigation banks is "to provide for the replacement of the chemical, physical and biological Some history developers who had once gone to jail on charges of illegally filling wetlands (a flawed search warrant led to the charges being dropped). They owned two other banks, one in Florida and one In North Carolina. To help their struggling finances, they quietly paid local officials, Including the chairman of one county commission, to hawk their wetland credits to developers and government agencies. But they ran Into major financial trouble, eventually filing for bankruptcy in 2004. Ecobank's owners did not notify state and federal regulators, as required by their permits. It took state officials two months to figure it out. It took the Corps more than a year. "We're all busy people," says Ron Silver of the Corps's Jacksonville office. "We've got a lot to do. Do I wish they had told us? Yes, absolutely." It took the Corps even longer to notice anything amiss at the Sundew Mitigation Bank in rural Clay County. Silver calls Sundew "the poster child" for his agency's failure to play Its watchdog role. The Sundew bank received its state and federal permits in 2001, and got 60 credits for recording its conservation easement. The 2,104-acre property was mostly pine plantation, which owner Ernest Hale promised to convert back to wetlands. Five years passed, during which Hale sold the 60 credits to people destroying wetlands. But Hale didn't do the restoration work he had promised. Hale said he stalled because he didn't have demand for more than the 60 credits he received up front - and those initial credits didn't actually require him to restore anything. In 2005, just as his permits were about to expire, he asked for an extension so he could get started. On paper, the credits from the Sundew bank made up for the destruction of wetlands. But because Hale hadn't done the work, in reality those wetlands were a net loss. No state or federal government agency checked on Sundew, even though their nearest offices are 16 miles away. How far is too far? Finding a site for a mitigation bank is tricky. Bankers need an area where there are wetlands to be restored, but with enough surrounding development to generate a demand. Put the bank too far away and not only will there be no demand, but also any environmental benefits that the bank generates will not replace the ones wiped out. "Mitigation should have some degree of proximity to where the Impacts are," says Platt of Florida Wetlandsbank. Yet the Little Pine Island Mitigation Bank shows how elastic the concept of proximity can be. Owner Raymond Pavelka has restored about 1,600 acres of wetlands on the island, but his customers are wiping out wetlands on the mainland on the outskirts of booming Fort Myers and Naples. One customer who bought credits from the Island bank was making up for wiping out wetlands more than 30 miles inland, near the Hendry County line, on the edge of the Everglades. "Admittedly It is somewhat removed from the majority of impacts," Silver says. Pavelka said the improvements he's made on the Island are "Impacting the entire coastal area that projects using our credits flow Into." However, an EPA-funded study found that the Little Pine Island bank, because of its isolated location, was doing a poor job of replacing wetlands destroyed on the mainland. The bank couldn't provide the same flood protection, pollution filtration, or water recharge as the natural wetlands, according to the 2003 study by the nonpartisan think tank Resources for the Future. "If people understood what it is we're losing when we lose these wetlands, we'd have a lot less wetlands destruction in this country," says James Boyd, one of the study's authors. Politics as usual Despite its flaws, the mitigation banking Industry has convinced Congress that It's the wave of the future. It helps that bankers have been generous with campaign contributions. For Instance David McIntosh, the chairman of Mitbank USA, which owns Bluefield Ranch Mitigation Bank, donated thousands of dollars to the campaigns of Florida's Republican U.S. Sen. Mel Martinez and former U.S. Rep. E. Clay Shaw. Meanwhile George Platt, of Florida Wetlandsbank, has donated heavily to the Florida Democratic Party and Democratic candidates. Without Congress, there wouldn't be much of a mitigation banking industry, according to Wilkinson of the functions of wetlands," according to the current federal rules governing mitigation banks. That means saving dry land, known as uplands, is not the goal. The nonpartisan Environmental Law Institute, based in Washington, D.C., surveyed the mitigation banking industry In 2002 and recommended that dry land "should not be directly counted as mitigation credits." "It's a net loss if you're permitting five acres of wetland losses and you're only doing two acres of wetland restoration and three acres of uplands," explains Jessica Wilkinson, who led the survey. "That's a net loss of acres." But under the current federal rules, "credit may be given for the Inclusion of upland areas occurring within a bank" - although "only to the degree that such features Increase the overall ecological functioning of the bank." Florida's law goes even further, treating wetlands and dry land as if both were equally important. State officials have allowed 10 mitigation banks to claim a third or more of their credits for merely saving dry land, rather than for doing anything wetland-related. Added up, those 10 banks got more than 5,386 credits for their dry land --- credits which, under state law, can be sold as if they were the equivalent of 5,386 acres of pristine wetlands. At the Lake Louisa bank, 279.8 credits were approved by the state in 1996. Of those, 257.4 credits - more than 90 percent -- are for converting its sandy hills from citrus groves back to forest, not for helping wetlands. "It's a beautiful piece of property," says Dennis Benbow, whose company, Mitigation Marketing, sells Lake Louisa's credits. "You wouldn't necessarily say this is a beautiful wetland." Yet when construction of the Central Florida Expressway wiped out more than 60 acres of wetlands between 1997 and 2000, the state itself bought credits from the Lake Louisa bank to make up for the damage. That means state officials spent $2 million on dry land at Lake Louisa while wiping out Central Florida swamps that replenish the water supply. The state Department of Transportation has been Lake Louisa's biggest customer. For 11 years Todd Gipe was the state official in charge of drawing up the permits for Lake Louisa and 14 more banks in Central and North Florida for the St. Johns River Water Management District. We says Lake Louisa got so many wetland credits for dry land because there wouldn't have been much of a mitigation bank otherwise. "More credits were given for uplands because the wetlands themselves were not greatly improved directly," says Gipe, who in 2005 quit his state job to become a mitigation banking consultant. While Lake Louisa is the driest of the Florida banks, others come close. At the Barberville Mitigation Bank near Daytona Beach, state officials granted it 84.3 mitigation credits - 73.8 of them for the uplands. At nearby Lake Monroe Mitigation Bank, the state said 146 of Its 199.9 mitigation credits are for preserving the uplands, not the wetlands. Ironically, both are owned by government agencies - Barberville by Volusia County and Lake Monroe by the Florida DOT. The design and permitting for both banks were overseen by consultant Stuart Bradow, He says dry land is as essential to protecting the ecosystem as the wetlands. When asked why the uplands deserves more wetland credit than the wetlands, Bradow said, "It's a little bit of a convoluted logic." As for how giving wetland credits for dry land fits in with no net loss of wetlands, Bradow laughed and said, "Yeah, well, good luck with that!" Last year Florida officials issued a permit for the Peace River Mitigation Bank In rural Central Florida. Not only did the owners, EarthBalance, get more credits for saving dry land than for the wetlands, they got all 138.82 credits for doing little beyond merely preserving the land. Because nothing is being restored, each credit sold will equal a lost acre of wetland in the Peace River area - at a time when the river, which supplies drinking water to Sarasota and Charlotte counties, is drying up. Toothless tigers Who polices the banking industry? After permits are Issued, the answer often Is: nobody. In 2005, investigators from the Government Accountability Office searched through 15 mitigation bank files in the Corps's main Florida office in Jacksonville. Ten contained no evidence the Corps had ever inspected them. The regulators miss out on a lot. Lake Louisa's original owner, a company called Ecobank, was founded by Environmental Law Institute. Congress has required the Corps Itself to use mitigation banks to make up for the wetlands destroyed by its dams, canals, and other projects. And in 1998 Congress decreed that for any federally funded highway projects that wipe out wetlands, "preference shall be given, to the maximum extent practicable, to the use of the mitigation bank." That was due to lobbying by the bankers, according to Sheri Lewin of the National Mitigation Banking Association. They're now working to require all airports that wipe out wetlands during federally funded construction to use mitigation banks, she says. The biggest congressional champion of mitigation banking is U.S. Rep. Walter Jones, (R-N.C.). Jones declined an interview, but he has spoken at the mitigation bankers' annual conference and they have attended his fundraisers. In 2004, Jones included language in a defense-spending bill that required the Corps to establish new rules for wetland mitigation that would boost the mitigation banking industry. Jones, in a news release, predicted the new rules would result In "greatly enhancing the quantity and quality of wetlands in the future." Last year, the Corps and the EPA jointly proposed regulations that would encourage developers to use mitigation banks Instead of trying to mitigate wetland loss on their own. The new rules drew more than 12,000 comments, says Palmer Hough of the EPA. A revised version was due to go to the Office of Management and Budget this fall, with final issuance slated for two to three months later. One controversial element of the proposed new rules would allow Corps officials greater freedom to grant credits for dry land, as Florida does. Another involves defining service areas. Until now the primary concern in drawing the boundaries has been environmental: Is It in the same watershed as the development? But the new rules say, 'The service area should be large enough to support an economically viable mitigation bank." An economic viability test will likely to lead to larger service areas, allowing credits to be sold much farther away from the impact it's supposed to make up for, critics of the measure say. The basic problem, though, is that federal and state officials are treating mitigation banking as if it has been proven to be the best option for dealing with wetland losses, says Wilkinson. "If the agencies are building in preferences for one type of mitigation over the other, I believe it should be based on some empirical, field-based research," he adds. Last year the first such research was published, and It didn't bode well for the banking industry. A study of 12 Ohio mitigation banks by that state's environmental department found that four were total flops, five were partial failures, and only three could be called successful. But that didn't affect their ability to sell credits to builders. The report noted that "half of all credits were released before a demonstration of any ability ... to meet even the limited performance standards in the agreements." The authors concluded: "Too often, mitigation banks have simply meant more acres of poor quality wetland restoration than a comparable, small individual mitigation site. This is clearly not acceptable nor what was intended." That's beside the point for investors, who just want in on the bonanza. Platt says he has been contacted repeatedly by Investors wanting to jump on the bandwagon. He says the reason is simple: "The Idea Is to make money." Craig Pittman is a reporter at the St. Petersburg Times. His series of articles on mitigation banks --- written with fellow reporter Matthew Waite - this year won the top award for investigative reporting from the Society of Environmental Journalists. Their book on wetlands will be published by the University Press of Florida next year. Resources Images: Top - Before, during, and after construction of the Panther Island Mitigation Bank In Southwest Florida. Bottom - The city of Pembroke Pines got both a 450-acre marsh and cash Infusion when the credits for the marsh were sold to developers elsewhere. Photos Wetlands Bank Group. The Environmental Law Institute's Wetland Mitigation Banking Study Searchable Database: www2.eii-org/wmb/search.htm. The National Mitigation Banking Association: www.mitigationbanking.org. The Ohio Mitigation Banks Report is available at: www.epa.state.oh.us. Federal Register notice of proposed new mitigation rules from the Corps and EPA: www.epa.gov/owow. Click on "Wetlands." Reprinted with permission from Planning, the magazine of the American Planning Association. ?1Z01 Oq_ L Z Clearwater Christian College City of Clearwater Applications LUZ 2010-06002 DVA 2010-06001 Presentation Exhibits Consultant Resumes Community Development Board Hearing Clearwater City Hall August 3, 2010 1 P.M. DAVE GILDERSLEEVE TESTIMONY CCC REZONING APPLICATION CDB MEETING, August, 3, 2010 Responses to Standard for Review of Information Required for Applications for Zoning Atlas Amendments 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Response: The proposed rezoning request is consistent and furthers the following goals, policies and/or objectives of the Comprehensive Plan. Regarding Wetlands and Stormwater Management Goal A.1, Objective A.1.1 and Policies A.1.1.1., 1.1.3, 1.1.5., and 1. 1.8 regarding Wetland Protection: Development resulting from the proposed amendment will meet or exceed local, state, federal stormwater design & permitting requirements through provision of wetland buffers, a retrofitted stormwater system with enhanced treatment employing underdrains, bio-swales, centralized stormwater pond. Resulting Preservation designation over approx 99 acres (eliminating the Low Density Residential and Commercial FLUM and zoning designations -- potential incompatible uses). Mitigation strategy that rehydrates and restores a declining wetland system. Goal D.3. Objective D.3.3, Policies D.3.2.3., D.3.3.6, D.3.3.8 regarding Stormwater Management • Increased level of flood protection of campus facilities and pollution abatement during storm events. • Furthers policy by reducing quantity and improving quality of runoff. • Retrofitting existing drainage system to meet current local, state and federal regulations • No buildings proposed within or over stormwater retention/detention facilities • Improved treatment contributing to enhancement of approximately 99 acres of wetlands. • Providing an average 25' wetland buffer/setback surrounding new development. Objective D.3.5., Policies D.3.5.2., D.3.5.6. regarding Water Quality • Enhancing the quality of receiving waters through retrofitted stormwater system and providing expanded wetland buffers. • Employing bio-swales, underdrains, and landscaping providing natural filtration • Deleting a significantly impaired water body and expanding improving another. Goal E.2, Objective E.2.1. and Policies E.2.1.1., E21.8., E.2.1.9., E.2.1.10., regarding Coastal Resource Protection • Mitigation strategy seeks to restore and enhance declining wetland system. • Eliminating potential incompatible FLUM categories (commercial/residential) • Proposed uses and site plan are compatible regarding type, intensity and density given request is less than permitted by the existing and proposed FLUM categories. • Directing intense campus uses away from wetlands. Objective E.2.3. and Policy E.2.3.1 • Restoring and enhancing wetland system through stormwater improvements by opening clogged channels and ditches and widening existing culverts furthering OFW and SWIM program goals. Objective F.1.5 and Policies F.1.5.1., F.1.5.3., F.1.5.4., F.2.1.5. regarding Wetlands • Proposed mitigation is consistent with State and City mitigation goals • Regarding impact to jurisdictional areas, a significant offset benefit will result through the rehydration of approximately 98 acre wetland mangrove system • There will be a management plan developed for the 99 acres on Old Tampa Bay. Objective GAA and Policies G.1.4.3, and GAAA regarding Preserving and Enhancing Natural Open Space Provides an opportunity for passive recreation on private property that is currently unavailable to the public. Proposed mitigation preserves and enhances natural open spaces which are aesthetic and ecological assets. FLUM amendments to Preservation and Recreation/Open Space and future Conservation Easement on approximately 99 acres. Regarding Endangered Species Goal E.2. and Objective E.1.3. • Eagle will be protected pursuant to state and federal regulations even though it is not currently listed as an endangered species. • Enhancing wildlife and natural native vegetation resources by rehydration, exotic removal, and removal of stagnant polluted borrow pit. Rea_ardin_g Coastal Storm Areas Objective A.2.1. Regarding densities/intensities + Proposed densities and intensities are less than permitted by current FLU and Zoning designations • College has evacuation plan in place (Comprehensive Safety & Emergency Response Protocol). Will be reviewed and revised if necessary to be consistent with TBRPC, Pinellas County and City standards. DVA limits residential density in several ways including: (1) only temporary student housing is permitted (no permanent housing), (2) maximum 750 dorm beds, and (3) overall development potential is limited to the "Institutional" portion of the property. Density will remain less than the 12.5 du/ac allowed in the "Institutional" and 1/du/ac allowed on the "Preservation" and "Recreation/Open Space" Accompanying DVA allows maximum of 750 beds to accommodate 925 students (18 beds less than allowed by code) Regarding Levels of Service Policy A.2.2.6. regarding Safe On-site Traffic • Updated site plan provides improved vehicular and pedestrian movement and conflict resolution including improved public access to Coopers Bayou Park. Regarding Aesthetics Goal A.3. , Objective A.3.2. and Policy A.3.2.1. • Exceeds minimum landscaping/tree protection requirements and expands tree canopy and overall development quality. Goal A.4, Objective A.4.1, and Policy A.4.1.1. • Proposal meets all applicable LOS standards of the City as reflected in the application and staff report. Regarding Em la in Innovative and Flexible Planning and Engineering Practices Goal A.6., Objective A.M., Policy A.6.1.6. and A.6.2. • Proposed amendment will significantly improve the historically inefficient development pattern characteristic of the campus. • Proposed amendment will expand economic opportunity through new jobs and solidifies the long term viability and success of the College. • Enhances the competitiveness of the College through improved parking, dorms, classrooms, athletic facilities, Chapel/fine arts, and campus ambiance • Furthers City policy supporting innovative planned development through improved by retrofitting the campus, improving vehicular/pedestrian safety and movement, locating athletic facilities and parking to the outside edge of the campus, enhancing an adjacent wetland ecosystem, and creating a more pleasing campus environment for the students, faculty and visitors. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. Response: • The DVA reconciles the apparent inconsistencies between the Comprehensive Plan and the proposal by limiting development to less than what is currently permitted. • Proposed uses are appropriate to the Institutional Zoning District and uses associated with a College and/or University as well as the surrounding uses. • The proposed amendment will not have an adverse effect on any existing improvements, or neighboring properties due in large part to the isolated nature of the facility. • Operating for nearly five decades, the uses permitted by the amendments are similar to any campus in need of expansion/upgrading. • Maximum ISR, FAR, density, intensity and maximum height of 50 feet are consistent with the current land development code. • Nearest residents are approx 1,500 feet to the west of the soccer field and parking lot and buffered by an expansive mangrove system. • Any impacts resulting from future campus development/redevelopment activities will be more than offset by the measurable improvements proposed to the area's wetland system and surrounding estuarine resources. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. Response: • The College has been a recognized part of the well established East Clearwater neighborhood and City for approximately 50 years operating in a productive and compatible manner. The proposed amendment will not change the daily operations of the institution. • Because of the isolated nature of the core of the campus virtually surrounded by mangrove system, SR 60 and public beach, and Old Tampa Bay, proposed campus improvements permitted by the zoning amendments will not conflict with the needs or character of the neighborhood and City. • The closest residences to the College are located approximately 1,500 feet west of the western edge of the campus proper. • Proposed new campus facilities (Chapel/Fine Arts, NCAA compliant soccer and baseball fields and additional classrooms/laboratories) will serve to make the institution more successful collegiate facility and hence, a more viable community asset. 4. The amendment will not adversely or unreasonably affect the use of the property in the area. Response: The amendments will have virtually no adverse or unreasonable use of property in the in the area due to existing and proposed uses and the isolated nature of the active portion of the campus property which does not immediately abut residential or commercial uses. An improved perpetual easement and roadway (Damascus Road) will provide for safer access to and from Coopers Bayou Nature Park. Abutting wetlands and estuarine resources will be measurably enhanced as a result of the proposed mitigation strategy. 4 5. The amendment will not adversely burden public facilities, including the traffic- carrying capacities of streets, in an unreasonably or disproportionate manner. Response: • The project will meet all applicable LOS standards adopted by the City. • The traffic study submitted by the applicant and reviewed by the City demonstrates that the project will not degrade the adopted LOS on Gulf-to-Bay Boulevard or South Bayshore Boulevard or the operational efficiency of the signalized intersection on the transportation network. • The City Staff Report for the accompanying FLUM application indicated there would be increased demand for potable water, wastewater and solid waste service; however, the increase would not negatively impact the City's ability to meet the adopted LOS standards for these public facilities. Open space and recreation facilities and mass transit will not be affected by the proposed amendments. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Response: The proposed boundaries resulting from the amendments reflect a conscious effort of the applicant (and the City through its recent Administrative Map Revisions) to delete /clean up the isolated residential and commercial, zoning designations on the property placing them back into the Preservation category and amending the Institutional zoning boundary to accommodate the campus improvements identified in this application. The proposed Institutional boundary (i.e. 26.55 acres) reflects a campus expansion that consciously minimized impacts to viable Preservation areas consistent with the Avoidance and Minimization Report prepared by the applicant's biological consultant. The boundary of the Mitigation Area (i.e. Preservation Area) is conterminous with the area subject to a permanent conservation easement to be granted by the College at buildout of the campus. In summary, the proposed zoning amendment is consistent with the City's Comprehensive Plan and Land Development Code and consistent with existing and proposed uses in the area. The amendment does not conflict with the needs and character of the surrounding neighborhood and City, and conversely, will improve the function and quality of the surrounding environment. The proposed amendment will not adversely impact adopted levels of service as noted by the City nor adversely affect the use of properties in the area. Finally, the proposed district boundaries reflect a conscious effort by the applicant and the City to protect and enhance the environmental and economic viability and success of the property. 5 DAVE GILDERSLEEVE TESTIMONY CCC DEVELOPMENT AGREEMENT DVA2010-06001 CDB Meeting, August 3, 2010 Concur with the Staff Report regarding Findings of Fact and Conclusions of Law regarding this application. • Regarding the 20-year duration of the Agreement, this time period is needed recognizing phased construction of the proposed mitigation bank and the proposed campus improvements which will be funded almost exclusively through gifts, donations and capital fund raising campaigns creating the necessity for a 20-year development agreement. • Regarding the availability of existing and proposed public facilities, the City has confirmed capacity and will provide water, sewer, reclaimed water, solid waste and police and fire. EMS will be provided by Pinellas County. The project complies with the guidelines of the Pinellas MPO regarding conducting Traffic analysis which demonstrated the proposed phased development will not adversely impact LOS on the adjacent roadway network. Meets LOS standards of the City' Comprehensive Plan. • The proposed master plan, subject to conformance by the applicant, identifies proposed land uses that are consistent with the City's adopted Comprehensive Plan and Land Development Code in terms of density (dorm beds), intensity/FAR within Institutional, height, ISR, parking, wetland buffering, setbacks (with subsequent approval of the single 0 side yard setback requested through the forthcoming Flexible Development Application, and landscaping). • Accompanying FLUM amendments and rezoning request submitted by the Applicant will result in the upland areas being consistently zoned Institutional with a FLUM designation of Institutional and the wetland and mitigation areas zoned Preservation with a FLUM designation of Preservation. The accompanying request effectively eliminates the current Residential and Commercial FLUM designations and Zoning Classifications on the property. The result is a "Master Plan Area" designated Institutional and a "Mitigation Area" designated as Preservation as reflected in the DVA. • The proposed perpetual access easement will provide public ingress and egress to Coopers Point Nature Park. • Regarding the eagle nest located on adjacent City property, the Agreement requires the applicant to obtain and maintain any necessary approvals with applicable permitting entities consistent with the City's Comprehensive Plan. • Agreement requires innovative and flexible planning, environmental and engineering strategies to ensure the protection and enhancement of wetlands, water quality and quantity, coastal resources, and wildlife, while creating an enhanced campus living and learning environment. PAW 000,dgildersleeve,ZZZ229009M,DVA,testimony,summary DAVE GILDERSLEEVE TESTIMONY CCC FLUM AMENDMENTS LUZ2010-06002 CDB Meeting, August 3, 2010 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan Response: The proposed amendment request is consistent and furthers the following goals, policies and/or objectives of the Comprehensive Plan. Regarding Wetlands and Stormwater Management Goal A.1, Objective A.1.1 and Policies A,1.1.1., 1.1.3, 1.1.5., and 1. 1.8 regarding Wetland Protection: Development resulting from the proposed amendment will meet or exceed local, state, federal stormwater design & permitting requirements through provision of wetland buffers, a retrofitted stormwater system with enhanced treatment employing underdrains, bio-swales, centralized stormwater pond. Resulting Preservation designation over approx 99 acres (eliminating the Low Density Residential and Commercial FLUM and zoning designations-incompatible uses). Mitigation strategy that rehydrates and restores a declining wetland system. Goal D.3. Objective D.3.3, Policies D.3.2.3., D.3.3.6, D.3.3.8 regarding Stormwater Management • Increased level of flood protection of campus facilities and pollution abatement during storm events. • Furthers policy by reducing quantity and improving quality of runoff. • Retrofitting existing drainage system to meet current local, state and federal regulations • No buildings proposed within or over stormwater retention/detention facilities • Improved treatment contributing to enhancement of approximately 99 acres of wetlands. • Providing an average 25' wetland buffer/setback surrounding new development. Objective D.3.5., Policies D.3.5.2., D.3.5.6. regarding Water Quality • Enhancing the quality of receiving waters through retrofitted stormwater system and providing expanded wetland buffers. • Employing bio-swales, underdrains, and landscaping providing natural filtration. • Eliminating a significantly impaired water body and expanding improving another. Goal E.2, Objective E.2.1. and Policies E.2.1.1., E.2.1.8., E.2.1.9., E.2.1.10., regarding Coastal Resource Protection • Mitigation strategy seeks to restore and enhance declining wetland system. • Eliminating potential incompatible FLUM categories (commercial/residential) • Proposed uses and site plan are compatible regarding type, intensity and density given request is less than permitted by the existing FLUM categories. • Directing intense campus uses away from wetlands. Objective E.2.3. and Policy E.2.3.1 • Restoring and enhancing wetland system through stormwater improvements by opening clogged channels and ditches and widening existing culverts furthering OFW and SWIM program goals. Objective F.1.5 and Policies F.1.5.1., F.1.5.3., F.1.5.4., F.2.1.5. regarding Wetlands • Proposed mitigation is consistent with State and City mitigation goals • Regarding impact to jurisdictional areas, a significant offset benefit will result through the rehydration of approximately 99 acre wetland mangrove system • There will be a management plan developed for the 99 acres on Old Tampa Bay. Objective GAA and Policies G.1.4.3, and GAAA regarding Preserving and Enhancing Natural Open Space Proposed mitigation preserves and enhances natural open spaces which are aesthetic and ecological assets. FLUM amendments to Preservation and Recreation/Open Space and future Conservation Easement on approximately 99 acres. Provides an opportunity for passive recreation on private property that is currently unavailable to the public. Regarding Endangered Species Goal E.2. and Objective E.1.3. • Eagle will be protected pursuant to state and federal regulations • Enhancing wildlife and natural native vegetation resources by rehydration, exotic removal, and removal of stagnant polluted borrow pit. Regarding Coastal Storm Areas Objective A.2.1. Regarding densities/intensities Proposed densities and intensities are less than permitted by current FLUM and Zoning designations College has evacuation plan in place (Comprehensive Safety & Emergency Response Protocol). Will be reviewed and revised if necessary to be consistent with TBRPC, Pinellas County and City standards. DVA limits residential density in several ways including: (1) only temporary student housing is permitted (no permanent housing), (2) maximum 750 dorm beds, and (3) overall development potential is limited to the "Institutional" portion of the property. • Density will remain less than the 12.5 du/ac allowed in the "Institutional" and 1/du/ac allowed on the "Preservation" and "Recreation/Open Space" • Accompanying DVA allows maximum of 750 beds to accommodate 925 students (18 beds less than allowed by code) Regarding Levels of Service Policy A.2.2.6. regarding safe on-site traffic + Updated site plan provides improved vehicular and pedestrian movement and conflict resolution including improved public access to Coopers Bayou Park. Regarding Aesthetics Goal A.3. , Objective A.3.2. and Policy A.3.2.1. • Exceeds minimum landscaping/tree protection requirements and expands tree canopy and overall development quality. Goal A.4, Objective A.4.1, and Policy A.4.1.1. • Proposal meets all applicable LOS standards of the City as reflected in the application and staff report. Regarding Employing Innovative and Flexible Planning and Engineering Practices Goal A.6., Objective A.6.1. and Policy A.6.1.6. and A.6.2. • Proposed amendment will significantly improve the historically inefficient development pattern characteristic of the campus. • Proposed amendment will expand economic opportunity through new jobs and solidifies the long term viability and success of the College. • Enhances the competitiveness of the College through improved parking, dorms, classrooms, athletic facilities, Chapel/fine arts, and campus ambiance • Furthers City policy supporting innovative planned development through improved by retrofitting the campus, improving vehicular/pedestrian safety and movement, locating athletic facilities and parking to the outside edge of the campus, enhancing an adjacent wetland ecosystem, and creating a more pleasing campus environment for the students, faculty and visitors. 2. The Amendment is not inconsistent with other provisions of the Comprehensive Plan The Plan Amendment and DVA reconcile the apparent inconsistencies between the Comprehensive Plan and the proposal by limiting development to less than what is currently permitted. The proposed amendment is consistent with the Comprehensive Plan as well as the current use of the property and surrounding parcels. While there is a net reduction of "P" land use category the request will result in the creation of a significantly improved mangrove wetland system ...well above that required by on-site development impacts. • The proposed amendment is predicated upon the fact that approx 99 acres of wetlands will be improved resulting in improved wildlife habitat and water quality. • Private resources will be utilized to implement the mitigation bank eliminating the need for public funding for this significant community improvement. 3. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. • The proposed amendment will not have an adverse effect on any existing improvements, or neighborhood properties • Operation for nearly five decades, the campus is in need of upgrading and expansion. • The maximum ISR, FAR, density, intensity and height of 50 feet are consistent with the current land development code. • Nearest residents are approximately 1,500 feet to the west of the existing soccer field and proposed parking lot. • Any impacts resulting from future campus development/redevelopment activities will be more than offset by the significant improvement to the area estuarine system. 4. Sufficient Public Facilities are available to serve the property. • Staff report confirms the availability of public facilities and there will be no lowering of LOS resulting from the proposed amendment. • The need for additional athletic facilities, classrooms, dorm beds, cultural facilities and classrooms are consistent with the growth and development of any college campus and are consistent with applicable provisions of the development code. 5. The amendment will not adversely affect the natural environment. • Proposed changes from "P" to "I" are either in areas not actually jurisdictional due to mapping errors (approx 4 acres) or to the extent JDS areas are impacted, applicant will comply with SWFWMD/ACOE permitting requiring mitigation. • Proposed redevelopment strategy builds on the findings of the Avoidance and Minimization Report 6. The amendment will not adversely impact the use of the property in the immediate area. • Closest neighbors are approximately 1,500 feet from closest proposed campus development activity. • Property adjacent to S. Bayshore Blvd is requested to change to "P° and "R/OS" to reflect the intended use of the property • Following approval and implementation of the mitigation bank to enhance the wetland system, a conservation easement will be placed on nearly 99 acres adjacent to and complementing Coopers Point Nature Park • Consequently, proposed development and requested amendments will not adversely affect the use of property in the immediate area. 4 1925 Aerial Clearwater Christian College Threatened and Endangered Species Report Prepared by: Tom Cuba, Delta Seven During the ten year course of study at the project site, the following species of interest were noted. Some are currently formally protected and some have been protected in the past and have recovered, yet remain species of concern in project development. Bald Eagle, Haliaeetus leucocephalus Formerly listed as an Endangered species, this bird has recovered and been de-listed. It is still, however, protected by the Bald and Golden Eagle Protection Act and under the Florida Bald Eagle Management Plan. The nest at the project site is actually nine feet East of the property line and is within the Cooper's Point Preserve. The nest has been occupied in years past, abandoned, blown down, and rebuilt with the help of the Audubon Society which installed a nest platform in the tree to aid in attracting new birds. The rules allow for a tiered or layered approach to protection. The thresholds include distance (1500, 660, and 330 feet circles), activities (active, passive, permanent, temporary), season (during nesting season or not), and behavioural (the circles may become elliptical, or even semicircles) all of which are subject to interpretation and adjustment by the Fish and Wildlife Biologist. The latter will assess the character and history of the nesting pair and the circumstances of the planned activity and issue a "Biological Opinion" which will guide and be binding upon the property owner (s). This particular pair has been the subject of an opinion in the past, which allowed the construction of Steele Hall, a parking lot, retention pond, and additional clearing of land to within 50 feet of the nest tree. The proposed activities call for the removal of Brazilian Pepper and Mangrove areas, neither of which are used for either feeding or nesting by the Eagle. The proposed activity is passive recreation and may or may not qualify as an approved activity pursuant to an as yet to be issued biological opinion. Preliminary biological assessments indicate that the prime habitat of the Eagle is to the north and east and will not be affected by the proposed use. Construction can occur in the non-nesting season and will not affect the nesting pair. The post construction use may or may not have the potential for having an adverse affect, but the categories of potential affect are abatable and manageable. While final approval will rest in the formal Biological Opinion to be issued by the USFWS / FWC biologists, the expectation is that the proposed use can be approved. Snowy Egret, Egretta thula This bird is a shallow water wading bird and has been seen attempting to feed in the shallow waters north of the mangrove forest in the area proposed for the mitigation bank. No observations of successful feeding were made, indicating that the bank will improve habitat suitability and enhance the populations of this bird. Clearwater Christian College Threatened and Endangered Species Report Page 2 of 3 Brown Pelican, Pelecanus occidentalis Brown Pelicans feed in the waters well to the east of the project and would be expected to nest in mangroves along the shore of a large swamp such as that within the college boundaries. Trees in this forest, however, seldom reach a size large enough to support nesting pelicans and none have been observed. Pelicans have been seen resting in the shallows of the bayou, but not feeding or attempting to feed. Roseate Spoonbill, Platalea ajaja The spoonbill feeds by wading in shallow waters and feeding on small fish and Crustacea. It has been seen feeding successfully in the waters to the east of the college. To the west of the college, in the bayou, feeding attempts have been observed but feeding success was never observed. The proposed project is expected to positively affect the feeding success of the spoonbill. Imnacted Habitat Black Mangrove Forest, Avicennia germinans: 2.48 ac. As is well documented in formal reports the black mangrove forest within the boundaries of the project range from moderately to severely degraded. They remain classified as a mangrove forest only because of the presence of the often severely stressed trees. Most, and in many locations, all ecological function associated with the classical forest of this type have been lost due to bad water quality, unsuitable sediments, and an almost complete loss of water circulation. The area to be impacted is severely degraded. Brazilian Pepper / Landfill Forest, Schinus terebinthifolius: 1.75 ac. The project area includes mounds of discarded concrete and dirt mounds from an old use as a highway staging and disposal area. The mounds have become populated by Brazilian Pepper and biological surveys show that there is virtually no understory present. Mixed Grasses, Distichlis spicata and Sporobolus virginicus: 1.55 ac. The area impacted is a high marine marsh dominated by these grasses. It is wet only at the highest tides during a full or new moon. The habitat is functional and supportive of typical wildlife such as mangrove butterflies and marsh rabbit. Avoiding the impact was not possible. Clearwater Christian College Threatened and Endangered Species Report Page 3 of 3 Open Water: 1.11 ac. There are two open water habitats within the impacted areas. One is a borrow pit which is now used as a stormwater treatment facility. The second is a borrow pit which is not well connected to the remaining wetlands and is stagnant. During the years of study, no life forms other than anoxic bacteria were observed in this pit. The remainder of the habitats to be impacted are small stands of pine and oak within the wetland boundaries (0.27 ac), transitional areas usually populated by shrubs wetland plants such as Iva and Bachharis (0.07 ac), open sand within the access road to the City lift station (0.07 ac) and other low functioning minor habitat components. In summary, the project plans have been developed to direct the greatest impact to already degraded habitats and only smaller segments of functional habitat (marine high marsh) will be lost. The high marsh is one of the easiest to replace through mitigation. Due in large part to the very low functional nature of the habitats to be impacted, the project will not adversely affect the natural environment. In balance, the removal of the lowest functioning habitats and the planned restoration of the remaining habitats will result in a higher functioning natural environment than what exists today. Table 1. Impacted habitat types and acres. See map for location. VEGETATION AREA IN ACRES Avicennia germinans 2.4823 Iva-Baccharis 0.0694 Mangrove 0.0626 Mixed 0.1686 Pinus elliottii 0.1186 Quercus 0.1477 Schinus terebinthifolius 1.7456 Transition 0.2504 Uncertain 0.0432 Grasses 1.5473 Open 0.0657 Water 1.1061 TOTAL 7.8075 ry{ ?w - _ na ?r t l CIA` y ? c o rn ? ? E 0 B Vii' s E a C m m N w E co co v m c m a o 3 ?, c Q ? CL d US t- cm i z; M-? ?t •F y.? 1 76- 00 f1 ? ,?s 41 Oil k r ?F? .r V $111 tH "t N ,?vV o ? 04 c T ? c C N O N :-. - N O- o- env C p) v to L C_ t%1 N ?- C = C d C m_' 0 ' j t0 mD X C a MC p y N -# ! YIIIIVII?V ? _ -_ I! fliUl?ii?) ?ll `J?It} - `N t ..i A 1 A' T f l t a 71 w ? J Cl) 17 for, ems. i. Ity ?t?= ??:.- '4?? F'+^ a+, ?? ar "? y? y ? ?Y ?t? 'rte r `. .'Ax mwr?k f?MMb1 > mw.m nw., nAhuvin,WPa?lkn,rA fi84C?3 - ?r_ _i! v' ..... `W W W O O o .? N ?' O t7 h ? a 17 y ? t'4, 0'1. ?'?? yLIr+?Y wt 117 4-0 i d' lu- .4? 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Ll 52 a > IN 11 11 11 11191 ? g C3 = S 13 9 a Fill 11111 1 1> 111 "s J A 8 a L v N C u .m _O O u 4) c O L co L N C E a? N N C O cd E a? N d O 0- A s L C cd 'c O a N a? L 'u C cd C ti- _C u a L d C C N ao c •V a? L s a-+ O C?0 C O E m 'L u N N V V N ao N iJ cd O a M M M ? L •; V ? m Cq M ? N m > 7!2 LL V 0 U- V) O N N N J N L M O M C O 4J Ln :3 C-4 r M N C L Q N CL 4 H L V N O M d W M E °? • V " .4-1 ao 0 N Q 3 QQQ??? ? O ? tw N V •j N E cc 110 O ? L •O 4a a O G) N 1 C V) 41 .Q C C Q U U C cc L u .? H •o cc O C u M O O O a ?Q s ?C y ~ V? A Q N S 4J L N C O u •O O s -v C u Q 0 N .a C .4-J N N c c? m 72 0 CL u L iJ N C O u w N N C w tko c? •? C cc a. ? 3 c ? u (d 4-J •blo L u O Q uQ C L N td d ? ba cc C ? N 4-J U 4) CaQ • ? N N N C W td co m O W L A . &- C u N _E tit, O -u ?- m Z Q E 3 C ? N C C O RS C C?0 O E _ E I A ? u N 0E L a L O (d a L O ._ c G) N ? c 4. N .? O O C +Ni a .E c? L G M C CL L 4:. O cd E 1: 3 3 N s' (A N C W N C O u cc > ? (A ` V E ? L1. s-• W 0 G C u .C ? a? C co N O V Q j L C •? b- O V C L Q (A V) u C Q o •? O L CL 2 '> C W N V) ) 1: Z u •L •L s LL 0 C Z O CA UL- a) •Y V) W c m -c N L1. N O V1 w _ •E E O V c O L N N v? C N LL E - tv C p L d .? N C E .? i? O ? H O V • • • • u- .. • S A A N > LO a a ?O C cc L L a? L O 9 u .7 4a N_ 4-1 C E bQ C cd E L Q7 (; u O L CL W 0 N S N 0 a cc N 4-1 N E -Ne C cc a? S A State/Federal Mitigation Bank Review Team Process MBRT=Mtigation Bank Review Team PACP=Pre-AppGcation Coordination Phase DNB=Draft Mitigation Banking Instrument MSA=Mbgation Service Area MBl Wgation Banking Instn.ament RAI=Request for Addtionai Information o Banker's initial inquiry forwarded to IMT chair. o Chair adds project to MBRT Forum tentative agenda o chair sends banker info-package on State/Fed J BRT process and copies IMT members. Banker's submittal of prospectus begins the Pre-Application Coordination Phase (PACK Banker sends prospectus to NBRT members at least 14 days prior to HOT Forum Banker may present project and receive informal MBRT feedback. Provicleci that a complete prospectus was submitted in advance, MBRT members should be prepared to take a position ax o Bank site is/is not appropriate. o Long-term sustainability of the bank is/is not feasible. o Mitigation plan is/is not appropriate/feasible. o Banker's proposed method to assess eco-lift is/is not acceptable (actual scoring later in processl o Basis for Mitigation Service Area limits is/is not appropriate (may fine tune map later). MM A site visit may be needed before MBRT members are able to address these issues] Chair captures preliminary MBRT decisions in memo to all-participants within 7 days. p ?N w (as Pa. e In FL e? m J C No i f Consensus Within 30 days MBRT members indicate agency recommendation in comment lettm Non-consensus letters should specifip issues and suggest remedies. J No L Consensus C. At least 14 days prior to a future MBRT Forum, Banker may submit rebuttal or revisions to MBRT members. Bank CONCEPT Inappropriate Chair notifies Banker and recommends remedies for consnnus. 'aI P I rd Bank CONCEPT Approved PACP now complete. o Banker begins preparation of DN BL o Schedule site visit o Banker may present rebuttal o MBRT attempts to reach consensu& o o Chair captures MBRT decisions in z memo to all participants. Bank coacq# is hmppwpdate I J 'a 01 .? a m Dispute Resolution Procedure per federal guidance paragraph II.C.6.a. page 1 of 4 Frorn Page t r '-j 0 7 o Using the agreed upon functional assessment method, MBRT scores ecological lift between the without bank and with-bank scenarios. o MBRT provides additional informal feedback to Banker to aid in preparation of the DMBI. C ®1MI MM MBRT o State/Federal Co-Chairs Request Additional input Information (RA) within 30 days. o All MBRT members will strive to coordinate completeness concerns with respective chairs. 1 o To the extent possible, State/Fed Co-Chairs will combine concerns for a joint RAL ?, ICI v Banker submits DMBI to MBRT members. 2) Banker submits State/Federal construction permit applications to respective Chairs. NOT E• differing legal zwairiements (e. time-frames, public not cation) of the State and Federal processes may not allow for true joint processing. However, all MBRT members will continue to coordinate issues that surface in order to find compatible solutions. Receipt of complete DMBI and Receipt of complete application Sec 10/404 application begins per WMD/DEP rules begins concurrent Federal processes. final State process. To To P3_ Pg_ page 2 of 4 (Federal Processes) ErFarA ; Receipt of complete DMBI and Sec 10/404 application begins Within 15 days, Chair circul, concurrent Federal processes. Federal pu public notice with 30-day comment period. No substantive public or Substantive public objection or MBRT member objections, MBRT member objection received. DMBI acceptable. Within 15 days of close of comment period, Chair formally coordinates PN and/or DMBI comments with Banker and recommends remedies. Final MBI Circulated I for Signature. Sec 10/404 Permit I Subsequently Issued (if permit needed). At least 14 days prior to MBRT Banker revises If consensus can not Forum, Banker submits DIM to meet with be reached, Banker formal response to Chair with MBRT consensus. realizes that fully copies to all MBRT members. executed MM unlikely and 404(q) elevation of the permit m application possible. N ..r Bank MB,RT FORUM Dispute o Banker may present rebuttal. Resolution Inappropriate. ? ' o MBRT attempts to reach consensus. ?,- Procedure o Chair captures MBRT decisions in Chair takes memo to all participants. per federal final action on guidance application. paragraph 11 II.C.6.a. page 3 of 4 (State Process) Receipt of complete Banker notified application per WMD/DEP application is rules begins State final complete. application review process. Notice of Intent Complete project to Issue published with 14-day public POMMd evaluation within . comment period. 90 days Public comments coordinated with Banker. ?o E$ Issue Permit era see. 8? Formal Hearing Process page 4 of 4 14 - Deny Permit O N O N - - L -0 O N d) w V L D L -C 4J 3 to c .? C O N LU V Q O 4'' u ?. OL H , c O W u 4J 0 X 4J C . u C .N O w I C O .? m 4J E a L J 4-J .? +-+ n. 'C C O •m E O M O ?• o cc .? u L ?- u O V N ? CL C o .? L O v c V t C E Z O H L 7 C Ln ui u tnn C n A A A A A A David B. Gildersleeve Education As Senior Vice President, Dave is intimately involved in all phases • BS, Urban and Regional of company operations. Areas of specific experience include EARs, Planning, California State comprehensive planning, zoning and land use studies, Developments Polytechnic University, of Regional Impact (DRIs), Planning, Project Development and 1973 Environmental (PD&E) studies, land development regulations, • Masters of Urban and waterfront planning and design, parks and recreation master planning, Regional Planning, development/redevelopment studies and plans, public participation, California State Polytechnic and charrette facilitation. University, 1974 Representative Project Experience Pasco County Evaluation and Appraisal Report and Comprehensive Plan Professional Affiliations Update, Principal-in-Charge and Senior Professional Planner. Served as • Clearwater Regional a principal planner on this recent EAR and plan amendments with focus Chamber of Commerce on public meeting. The County's EAR included five planning areas. • Past Chairman, Clearwater The EAR was approved DCA and the Comprehensive Plan Update Community Development approved in January 2007. Board • American Planning Evaluation and Appraisal Report, City of Clearwater. Principal-in- Association Charge and Project Manager. Preparation of City's EAR which was • American Public Works approved for transmittal to DCA in June 2006. Dave also served as Association (APWA) Chairman of the City's Community Development Board, the City's • Florida Planning and Zoning Local Planning Agency for five years. Association • Past Chainnan, Design Evaluation and Appraisal Report - "Envision Venice," City of Venice, Review Board, Pinellas Park FL, Principal-in-Charge. The result of this project was the development Redevelopment Agency and approval of the Evaluation and Appraisal Report of the City's • Executive Fellow, University Comprehensive Plan pursuant to Florida Statutes. In addition, the of South Florida Suncoast Section of the Florida Chapter of the American Planning • National Association of Association awarded the project the "Project of Excellence" in Office and Industrial Parks November 2005. Wade Trim provided project strategy recommendations, (NAIOP) Facilitation of public workshops, GIS mapping and analysis of land use, • International Council of environmental/open space, utility infrastructure, and transportation, Shopping Centers review and analysis of the City's vacant lands, concurrency system, • Former Member, Clearwater school coordination, water supply coordination, and capital planning. Planning and Zoning Dave is serving as Project Manager for the proposed amendments to Commission the City Comprehensive Plan. • Society For Marketing Professional Services Hardee County EAR and Comprehensive Plan Update, Hardee County. (SMPS) Principal-in-Charge and Planner. Responsible for the preparation of the County's EAR and comprehensive plan update required by state statute. Additional Planning Experience Evaluation and Appraisal Report (EAR), City of Port Richey. Project • Comprehensive Plan Manager. Prepared EAR and City Comprehensive Plan policies to Elements, City of Tampa determine compliance and to make policy revisions, where appropriate. • 14th Street Community Redevelopment Area (CRA) Evaluation and Appraisal Report (EAR), City of Inverness. Principal- Plan, Manatee County in-Charge. Responsible for updating the City's Comprehensive Plan • Daytona Beach ISB including goals, objectives and policies. and MMB Corridor Comprehensive Plan, Town of Belleair Shores. Project Manager. ' 'M ADFTRim s Comprehensive Plan. Primary Responsible for preparation of the Town tasks included data and analysis, policy formulation, public involvement David B. Gildersleeve Redevelopment Plan, City of through workshops and hearings, development of concurrency Daytona Beach management system and land development regulations. • Sumter County 2030 Vision Plan Comprehensive Plan, City of Palmetto. Project Manager and primary • Bayshore Neighborhood author of the City's first Comprehensive Plan required by Chapter 163. Plan, Manatee County F. S. The project involved extensive data collection and analysis, policy • City of Palmetto formulation, financial (CIP) planning and extensive public charrettes/ Comprehensive Plan workshops to obtain community consensus. • City of Belleair Beach Comprehensive Plan Comprehensive Comprehensive Plan, City of Belleair Beach. Project Manager and Belleair Shores • Town primary author of the City's Comprehensive Plan. This effort involved Comprehensive Plan data collection and analysis, policy formulation, extensive public • Coastal Management charrettes/workshops/hearings to gain plan consensus. Elements, City of Tampa and Hillsborough County Oviedo Downtown Plan, City of Oviedo. Principal-in-Charge and • Concurrency Management Planner. Responsible for the creation of a new downtown plan including System, City of Tampa the redevelopment of the historic area of the City. The project involved anagement Concurrency • M M land use evaluation and alternative land use concepts, conceptual site Sarasota System, City planning, cost estimates, strategies to create a public/private partnership for implementation, extensive public meetings and charrettes. Coastal Management Elements Comprehensive Plans, City of Tampa and Hillsborough County. Project Director. Responsibilities included preparation of the Coastal Management Elements for each municipality. Under contracts with the Hillsborough County-City County Planning Commission extensive data collection and analysis, policy formulation implementation strategies and finance options were developed. The project involved extensive technical and citizen input with municipal staffs, private developers, elected officials and the general public. Governor's Task Force on Urban Growth Patterns, Department of Community Affairs, Tampa. Project Manager. Responsibilities consisted of special case studies of the Countryside and Tampa Palms communities. Project included a detailed analysis of the growth patterns associated with each area and the associated governmental subsidies required to support the specific development pattern. Under a contract from the Department of Community Affairs, this project provided valuable data in support of ELMS III Legislation passed by the Florida Legislature in support of the State's Growth Management Act. Tamiami Trail Revitalization Strategy, City of Bradenton, FL, Principal- in-Charge. Project involved the development and approval of a specific strategic plan to establish a direction and policy for the revitalization of this historic corridor within the City. The City continues to implement strategy recommendations with proposed amendments to its Land Development Regulations and Comprehensive Plan and the acquisition of properties along the corridor as a development incentive. The project included a review and analysis of the corridor's existing land use patterns and surrounding neighborhoods, review of market conditions impacting the region, assessment of community design preferences and opportunities, and development of a financially feasible implementation AD)ETRIM and management plan for the revitalization. Amanda Warner, AICP Education Amanda has more than eight years of planning experience with Wade Graduate Courses, Geography Trim in state-mandated comprehensive planning, parks and recreation (Environmental Science and master planning, affordable housing studies, transportation impact Policy/Geographic Information analysis, and site planning. She has worked on numerous EARS and Systems), Architecture and EAR-based amendments for local governments. Her experience Community Design, University includes data collection and analysis, survey generation, public of South Florida, 2000-2006 workshop coordination and facilitation, and plan preparation. Amanda Studio Art Hollins BA also has extensive experience with planning-related applications of , , University 2000 Geographic Information Systems (GIS). Using ArcGIS software, she , has performed analysis for land use compatibility, transportation impact, Professional Affiliations parks and recreational facility needs, utility master planning, housing • APA, American Planning and population trends, and environmental resource and floodplain Association, Member management. Amanda's knowledge of GIS and experience with public • AICP, American Institute of involvement make her a valuable resource to clients seeking outcomes Certified Planners based on informed decision-making. Special Training • Greenhouse Gas Reduction Representative Project Experience and Energy Conservation Evaluation and Appraisal Report (EAR), Clearwater, Planner. Generated I: Comprehensive Planning maps showing environmental conditions, economic activity centers, Under Florida's HB 697 utilities, and other features to satisfy the requirements of the Florida (Sponsored by University Growth Management Act, Chapter 163, Part II, F.S. and Rule 9J-5, of Florida Program F.A.C. Conducted land use and population pattern analyses using for Resource-Efficient ArcMap involving estimates of population by neighborhood district Communities), 2010 using U.S. Census data and density estimation per area unit. Compiled • Form-Based Codes Institute data and wrote sections of report. (FBI)'s ABCs of FBCs: An Introduction to Form-Based Evaluation and Appraisal Report for Pasco County, Planner. This is a Coding, 2010 requirement of the Comprehensive Plan update process. Responsibilities included generating maps using Geographic Information Systems (GIS) Presentations to assist in assessing the growth management concerns of Pasco County. • APA Florida State Conference 2006, Marco Evaluation and Appraisal Report (EAR), City of Venice, Planner. Island, Florida, September First phase of the update to the City's Comprehensive Plan and Land 29, 2006, "Delivering Development Regulations which involved assessment of issues of Sustainable Solutions: growth management within the City's jurisdiction. Generated maps Sarasota Green Connection to satisfy the requirements of the Florida Growth Management Act, Economic Development Chapter 163, Part II, F.S. and Rule 9J-5, F.A.C. and created community Model and Sustainable context maps to evaluate critical issues affecting the City, including Planning in Venice, Florida" population growth, new development, redevelopment, and protection • APA Florida State of historical and cultural places. Used ArcMap to conduct a density of Conference 2008, Miami, development analysis comparing the area of developed land to open Florida, September 12, space to convey the degree of sprawl east of the city's downtown. 2008, "Achieving Livability Co-wrote document with City staff and designed document format. Through Sustainable Project won the Florida Planning and Zoning Association's (FPZA) Comprehensive Planning Distinguished ProjectAward in May of 2006. Attended Envision Venice Strategies" public workshops and meetings and participated in visual inventories and "visioning" process. N ADETRIM Amanda Warner, AICP EAR-based Comprehensive Plan Amendments, City of Venice. Planner. Conducted analysis to satisfy the requirements of the Florida Growth Management Act, Chapter 163, Part II, F.S. and Rule 9J-5, F.A.C.. Used ArcMap to evaluate existing and future land use patterns and to identify potential activity centers for redevelopment. Also mapped general conditions of the City's environment, public services provision, transportation systems, and land use designations. Co-wrote document with City staff and designed document format. Sumter County 2030 Community Visioning, Sumter County, Planner. Assisted in the development of a Countywide Vision Plan for a County confronted by the intersection of its rural legacy and recent urban influences. Generated a series of land use, socioeconomic, and environmental maps using ArcMap to create a "snap shot" of the County in order to facilitate discussion about the past, present, and future of the community. facilitated four workshops with the public to identify common concerns and goals through a series of exercises, including an interactive survey that utilized automatic response devices (remotes) to display immediate results. Compiled background research and public participation results to produce a final report for presentation to the County. Comprehensive Plan Utilities Elements, Tampa, Planner. Involved the update and development of four elements of the City's Comprehensive Plan: Potable Water, Wastewater, Stormwater, and Solid Waste. Involved continuous coordination with City staff and the Hillsborough County City-County Planning Commission to update the City's Comprehensive Plan. Mapped existing and proposed facilities and researched existing conditions and proposed capital improvements for four City departments. Evaluated the City's current and proposed policies regarding regional water supply and treatment concerns, as well as wastewater, stormwater, and solid waste collection and treatment, retention, or disposal. Comprehensive Plan Elements, City of Bradenton, Planner. Involved the update and development of two elements of the City's Comprehensive Plan: Housing and Capital Improvements. The update required data collection and analysis according to State requirements (Rule 9J-5), the development of goals, objectives and policies, and close coordination with the City's planning and finance departments, as well as with other consultants and the Florida Department of Community Affairs (DCA). Responsibilities included performing GIS-based mapping and analysis, and reviewing proposed goals, objectives, and policies. WADE 1 Rim D. Clay Richardson, Stormwater Designer Education Clay has split his focus on a variety of water resource investigations, BSCE, University of South and design and permitting of natural systems restoration, and urban Florida, 1987 flood control systems. His water resource studies include: lake and wetland restoration studies using MIKE SHE/MIKE 11 & HSPF; Post Graduate Studies floodplain studies using HEC-GeoHMS/HMS, GeoRAS/RAS, SWMM- Open Channel Hydraulics, UCF, RUNOFF/EXTRAN, CHAN; estuary and bridge scour studies using Orlando, FL, Fall Semester a two-dimensional finite element models (SMS/RMA-2), and erosion/ 1994 sediment transport stream studies using WEPP & MIKE 11-ST. Mr. Richardson's design experience consists of Environmental Resource Groundwater Hydrology, Permitting, plans development, and cost estimating for: flood control UCF, Tampa, FL Spring in urban areas, natural systems restoration projects, canal dredging, Semester 1995 telemetry controlled weir design, bridge channel realignments, and site and roadway drainage/storm sewer design. He has become proficient Uncertainty Analysis in in using ICPR/PercPak, PONDS, and StormCAD, for design projects. Environmental Systems, USF, Tampa FL, 1996 Representative Project Experience Recognized/Accredited Salt Marsh Estuary Mitigation, Clearwater Christian College, Workshops Clearwater, Project Manager and Engineer. Goal of project is design Unsteady Flow Modeling • and permitting of mitigation plan that restores tidal flows through a salt with DWOPPER marsh estuary adjacent to the college. Responsible for development , Phoenix Arizona 1993 of a 2-D finite element (SMS/RMA-2) flow and sediment transport , , • Determining the model to analyze sediment aggradation and future maintenance needs, Seasonal High Water and the flushing characteristics of the estuary and bayou system. Also Table Elevation NRCS, responsible for modeling report, dredge design and plans, design of , Brooksville, Fl. 1991 bridge connection to Tampa Bay, and permitting. &1996 • Bridge Hydraulics & Fairfield Inn, Corporex Business Park, Tampa, Project Engineer. Role Scour FDOT/FHWA in project was fitting the site on a small upland immediately adjacent , NHI October 2000 to a major DOT drainage right-of-way and floodplain. Used ArcGIS ' , • Analysis of Systems in and the existing watershed model data formatted in the SWFWMD s Spatial Analyst and 3-D Standards and Specifications for Watershed Management, to develop Analyst, Tampa, 2007 the site ICPR model, and perform the off-site discharge analysis for the • Design of Systems Using environmental permits, and DOT connection permit. PONDS, Orlando, FL. 2008 Roadway Drainage Design, Black Diamond Development Corp., Citrus County. Responsible for design and permitting of a divided entrance Other Short Courses road into a residential community in West-Central Florida. Tasks • Calibration of Ground included curb inlet and conveyance system design, hydraulic routing, water Flow Models using retention pond sizing, and preparation of an Environmental Resource Uncertainty, Tampa, FL. Permit application. 2005 • Ground water flow 66th Street Athletic Complex Design and Permitting, Bradenton, Task Modeling (MODFLOW), Leader/Project Engineer. Goal of project was design of 40-acre park Tampa, FL. January area athletic park complex, that would not be prone to flooding from an 1997 adjacent irrigation canal network. Responsible for a flood risk analysis • Statistical Analysis in SAS, performed with the integrated surface and ground water model MIKE Brooksville, FL November SHE/MIKE 11. Model simulated the watertable fluctuations caused 2000 by the flood irrigation practices, and the effectiveness of various sub- surface drainage concepts to maintain dry fields in the park. Also WADETRim D. Clay Richardson, Stormwater Designer • Introduction to SWMM5, responsible for watertable monitoring (wells), study of the irrigation Tampa, FL. 2004 regimen and resulting watertable levels, civil-site drainage design using ICPR, permitting, and plans production. Lakewood Ranch High School Park Drainage System Improvements, Bradenton, Task Leader/Project Engineer. Responsible for existing system drainage evaluation and design of improvements to reduce periodic flooding, and conceptual design of proposed park expansion. Tasks included storm inlet and conveyance system design using ICPR, plans production, and cost estimates. Jordan School, St. Petersburg, Project Hydrologist/Engineer. Responsible for stormwater design and state and local permitting, as part of the civil design of renovation of an historic school house in St. Petersburg, Fl. Stormwater pond design calculations were performed with the PONDS to determine percolation, and the overflow system design included connection to the City's storm sewer system. Magnolia Bay Drive, Dekle Beach. Responsible for drainage design and permitting for a four lane collector roadway in Taylor County Florida. Tasks included curb inlet and conveyance system design, hydraulic routing, retention pond sizing, CAD plans production, cost estimates and preparation of an Environmental Resource Permit application. W DFTRIM Brad Hubbard, PE Education Brad provides five years of design and permitting experience on BSCE, University of Florida various land development projects, with expertise in development and renovation of commercial and industrial facilities. Brad also has Registration experience in the design of utility, stormwater and paving projects for • PE, Florida, No. 67508 both municipal and private clients. Representative Project Experience Homeless Emergency Project, City of Clearwater, Project Engineer Intern. Redevelopment of existing location into 16-unit apartment complex and 15,000 SF thrift store. Services provided included design of gravity sewer internal to project, potable water and fire hydrant design, stormwater design and permitting. Crosley Estate Mansion Parking and Drainage Improvements, Manatee County, Project Engineer Intern. Project includes design and permitting for two stormwater ponds and two additional parking areas. Magnolia Lakes, Cedarwood Development, Bradenton, Site and Stormwater Designer. Responsible for site layout and stormwater design for six ponds for a 560-unit condominium development on 120 acres. Project also included paving, grading and drainage design along with permitting. Project includes stormwater design for six ponds, floodplain mitigation, utility design and permitting. Services completed 2007. Park Townhomes, Grady Pridgen, Inc., Pinellas Park, Site and Stormwater Designer. Responsible for site layout and stormwater design for two ponds for this 90-unit townhome complex. Project also included paving, grading, drainage design along with permitting, and utility design and permitting. The Madison, Grady Pridgen, Inc., St Petersburg, Site and Stormwater Designer. Responsible for site layout and stormwater design for two ponds for this 6-acre condominium development. Project also included paving, grading, drainage design along with permitting for mixed use residential/commercial development, wetland mitigation and creation, and utility design and permitting. CVS Warehouse, Grady Pridgen, Inc., Pinellas Park, Site and Stormwater Designer. Responsible for site layout and stormwater design. Progress Energy Easement Parking, Grady Pridgen, Inc., Pinellas Park, FL, Project Coordinator and Designer. Organized and coordinated the use of Progress Energy easement into parking. Ocean Reef Gatehouse Redesign, Ocean Reef Community Association, Key Largo, Site and Stormwater Design. Responsible for site layout and stormwater design for the entryway into the Ocean Reef Community. Services completed 2007. WADETRim Brad Hubbard, PE CVS/pharmacy Store Site Design, Cedarwood, Royal Palm Beach, Project Engineer Intern. Project included site design along with the design of a stormwater system, connection of wastewater and potable water and other utilities. Tampa Telecom Professional Center, Temple Terrace, Project Manager, Kevin Howell Construction. Project includes 45 office buildings over two sites totaling 30+ acres with significant wetlands. Responsibilities included overall management of the project and client, site layout, stormwater and utility design, as well as negotiations with SWFWMD and FDEP to impact existing wetlands and floodplain mitigation. Southport Springs II, Pasco County, Project Engineer. Design and layout of 117-unit mobile home park with associated stor nwater design and utility design. Tire Choice, Collier Parkway & SR 54, Pasco County, Project Engineer. Project includes site design stormwater design and connection of utilities. Project also included a variance. WADETRiM Thomas Robert Cuba, Ph.D., CLM, CEP Delta Seven, Inc. P.O. Box 32419D St. Petersburg, Florida, 33731 Phone: 727-823-2443 Fax: 727-550-2513 E-mail: Tom.Cuba@Delta-Seven.com Home Page: www.Delta-Seven.com Employment History ? President, Delta Seven Inc, January 1996 - Present. ? Research Scientist, Stillwater Research Group, Inc - Present. ? Research Adjunct, University of South Florida, 2002, Present. ? Organizing Director, Brest Environmental Awareness Center, Brest, Belarus. ? Adjunct Faculty, Florida Atlantic University. 1999-2001. ? Adjunct Faculty, St. Leo University. 2000-2001. ? Environmental Resources Management Division Administrator, Pinellas County Department of Environmental Management, November 1985 - January 1996. ? Bio-Analyst, Pinellas County Sewer System Laboratory, October 1984 - November 1985. ? University of South Florida Graduate Student, 1977 - 1984. ? Lieutenant, United States Naval Intelligence, 1973 -1977. ? Teaching Assistant, Scientist in the Sea Program Basic and Advanced SCUBA assistant instructor & Invertebrate Zoology Laboratory instructor, Texas A&M University, 1970-1973. Formal Education and Certifications ? Doctorate in Natural Sciences, Marine Ecology, 1984, University of South Florida. ? Naval Intelligence School, 1974. ? Bachelor of Sciences, Zoology, 1973, Texas A&M University. ? Certified Lake Manager, 1996. ? Certified Environmental Professional # 96030328, 1996. ? Licensed Aquatic Weed Control, Natural Area Weed Control: C012378. ? Qualified Expert Witness in Ecology, Planning, & Public Administration. ? NAUI Basic SCUBA, 1970, NAUI Instructor, 2002. ? Registered Professional Mangrove Trimmer Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Instruction ? Canterbury School of Florida - Computer Science ? University of South Florida - Environmental Policy ? St. Leo University- Environmental Management ? Florida Atlantic University - Marine Science ? Mote Marine Laboratory, Summer land Key, FL-"Applied Techniques in Restoration in Restoration Ecology." ? Mote Marine Laboratory, Summer land Key, FL - "Successional Ecology" ? Mote Marine Laboratory, Summerland Key, FL - "Diseases of Corals and Other Marine Organisms" ? Florida Wildlife Conservation Commission - Instructor "Becoming an Outdoors Woman." ? Virginia Tech. Guest Lecturer: Environmental Ethics Professional Affiliations ? Academy of Board Certified Environmental Professionals, Past Vice Chairman ? American Fisheries Society ? American Society of Limnology and Oceanography ? Ecological Society of America ? Estuarine Research Federation ? Florida Academy of Sciences ? Florida Lake Management Society - Charter Member ? Florida Local Environmental Regulation Association - past ? Florida Ornithological Society ? Florida Registered Environmental Professional, FREP 009. ? Gulf Estuarine Research Federation ? National Association of Environmental Professionals #02370 ? National Board of Directors, 1995-6, Professional Ethics Committee, 1994-6: Florida Chapter - Charter member, Charter Member of the Board of Directors, Vice President, 1993-4, President, 1994-6: Tampa Bay Chapter - Founding President. ? North American Lake Management Society ? North American Benthological Society ? Regional Director, Republicans for Environmental Protection ? Society of Wetland Scientists ? Southern Environmental Business Council, Member Board of Directors, 1996, 1997 2 Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Presentations Succession in Marine Microfouling, 1980, 1 st Annual Student Seminar Series, University of South Florida. ? Diversity: A two level approach, 1981, 2nd Annual Student Seminar Series, University of South Florida. ? Marine Microfouling in a Subtropical Estuary, 1981, American Society of Limnology and Oceanography, Summer Session, Milwaukee, Wisconsin. ? Estuarine Microfouling, 1982, 3rd Annual Student Seminar Series, University of South Florida. ? Graduate Level Seminar Course at USF on Environmental Management, 1987. ? Environmental Regulation in Pinellas County. KBN permitting workshop, September, 1991. ? Watershed Management Planning; A new Approach. American Society of Civil Engineers, May, 1992. ? Defining a Biological Level of Service: Permitting Summer School. July 1992, Commerce. One Approach. Sixth Annual Environmental Proceedings pg 30-37, Fl Chamber of ? Watershed Management. American Society of Civil Engineering Seminar., March 25, 1993. ? Enhancing Wildlife Utilization of Urban Habitats in Pinellas County, Florida. Florida Lake Management Society Annual Conference, April 1994. ? Allen's Creek Watershed Management Plan: A Case Study. Florida Environmental EXPO, October 1994. ? Watershed Management Planning: A comparison of three case histories. Florida Department of Environmental Protection; Coastal Management Workshop, February 10, 1995. ? Team Permitting under the Comprehensive Conservation & Management Plan. Tampa Bay National Estuary Program role playing demonstration. May 26, 1995 ? Florida EXPO Session Chair, Track Chair, and Presenter for the Professional Development Series. 1995. ? Third party independent evaluation of large unit planting methods for seagrasses. Submerged aquatic habitat restoration in estuaries: Issues, options, and priorities. March 12, 2003. ? Ecological restoration at the landscape level. Submerged aquatic habitat restoration in estuaries: Issues, options, and priorities. Session chair. March 13, 2003. ? Epilithic community structure and connectivity with fish assemblages on the near shore hard bottom in Broward County, Florida.. 56`h Gulf And Caribbean Institute. Tortola, BVI. November, 2003. ? Ft. Desoto tidal exchange restoration: Measuring the Secondary Effects of Habitat Conversion. A pre-restoration seagrass assessment. 2002, Technology Transfer Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Conference, Environmental Protection Agency; and 2003, Submerged Aquatic Habitat Workshop, Tampa Bay Estuary Program. Disease of Coral and other marine organisms. E. Peters, R. Jonas, T. Cuba. July 2003 through 2008. One week seminar course. Mote Marine Center for Tropical Research. Sea Surface Temperature as a Habitat Defining Parameter. March 2008. Florida Academy of Sciences Meeting. Reports ? N.J. Blake and T.R. Cuba, Biofouling Assemblage on Anclote Cooling Tower Fill, Florida Power Corporation, 1980. ? Benthic chapter of First Quarter Results of Study for Investigating Receiving Water Conditions at Fort DeSoto Park, Pinellas County, Florida, 1984. ? Benthic chapter of Second Quarter Results of Study for Investigating Receiving Water Conditions at Fort DeSoto Park, Pinellas County, Florida, 1985. ? Benthic chapter of Third Quarter Results of Study for Investigating Receiving Water Conditions at Fort DeSoto Park, Pinellas County, Florida, 1985. ? Benthic chapter of Fourth Quarter Results of Study for Investigating Receiving Water Conditions at Fort DeSoto Park, Pinellas County, Florida, 1985. ? Benthic chapter of Final Results of Study for Investigating Receiving Water Conditions at Fort DeSoto Park, Pinellas County, Florida, 1985. ? Lake Tarpon SWIM plan studies: First annual report. 1989. ? Allen's Creek Baseline Project. Phase I report. Pinellas County Department of Environmental Management. 3 vol's 1700 pp, 1991. ? Lake Tarpon: Status Report of the 1989 Sampling Period. Pinellas County Department of Environmental Mgt. July 1992. ? Lake Seminole. Septic and Waste Water Treatment Plant Survey. Pinellas County Department of Environmental Management, 1990. ? Lake Seminole. Impacts of Site Planned Areas on Storm water In the Lake Seminole Watershed. Pinellas County Department of Environmental Management, 1991. ? Lake Seminole Environmental Assessment: Component Studies. Pinellas County Department of Environmental Management, 1991. ? Pinellas County Urban Ecological Education Center and Botanical Gardens, 1994. ? Proposal to create the position of Ecological Liaison Within the Pinellas County Department of Environmental Management, 1994 Publications T. R. Cuba, 1981, Diversity: A two level approach. Ecology 62(1):278-279. Thomas R. Cuba, Ph.D., CEP, CLM February 2009 ? N.J. Blake, G.E. Rodrick, M. Tamplin, and T.R. Cuba, 1982, Validity of bacteriological standards for shellfish harvesting waters. Proceedings 7th annual Tropical and Subtropical Fisheries Conference of the Americas. Ranzell Nickelson (ed.) Texas A&M University, pp. 311-320. ? M. Tamplin, G. Rodrick, N. Blake, and T. Cuba, 1982, The Isolation and Characterization of Vibrio vulnificus from two Florida Estuaries. Applied and Environmental Microbiology. 44(6):1466-1470. ? G. Rodrick, N. Blake, M. Tamplin, J. Corvette, T. Cuba, and M. Hood, 1984, The Relationship between Fecal Coliform levels and the Occurrence of Vibrios in Apalachicola Bay, Florida. In: Vibrios in the Environment. R. Coldwell (Editor in Chief) John Wiley & Sons, New York. pp. 567-575. ? T.R. Cuba and N.J. Blake, 1983, Marine Microfouling in a Subtropical Estuary. Botanica Marina Vol. XXVI, pp. 259-264. ? T.R. Cuba, 1984, Successional and Seasonal Events in the Fouling of Naturally Occurring Substrate in a Subtropical Estuary. Ph.D. Dissertation, University of South Florida Department of Marine Science. 145 ppg. ? T.R. Cuba, Ed., 1995, Florida Lake Management Society Combined 1994 & 1995 Annual Proceedings. ? M. Espiritu-Andersen, D.D. Moores, and T.R. Cuba., The Allen's Creek Urban Wildlife Enhancement Program., Land and Water Sep/Oct 1995 pp 36-38. ? T.R. Cuba, Ed., 1995, Florida Association of Environmental Professionals 1995 Annual Proceedings. ? T.R. Cuba, 1996, Licensing Environmental Professionals in Florida. Environmental Professionals Action Coalition, 16 ppg. Administration ? Pinellas County Urban Ecological Education Center and Botanical Gardens: - funding and administrative functions proposal ? Pinellas County Botanical Garden Proposal - FACEE Grant Application ? Needs analysis and Recommendation to establish an Environmental Liaison Position within Pinellas County's Department of Environmental Management ? Supporting documentation for Tampa Bay National Estuary Program Nomination ? Tampa Bay National Estuary Program Comprehensive Conservation & Management Plan - Recommendations ? Water Resources Data Management Strategy and Policy ? Multiple Tasking and Multiple Management Influences in Governmental Agencies - Recommendations for efficient management and interdepartment relations ? Potential non traditional funding sources for Environmental Management Programs and Projects Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Tampa Bay National Estuary Program Technical Advisory Committee - recommendations Lake Tarpon and Lake Seminole nomination as SWIM priority water bodies Computer Applications ? Global Positioning Systems - potential applications in environmental management ? GIS layer management strategies and responsibilities within and between working groups with overlapping and exclusory interests ? Allen's Creek Linked Water body and Watershed model - needs and parameters' ? Lake Tarpon Management Model - initial development and various upgrades' 2 ? Guidelines in using SWMM modeling to maximize ecological information' ? Lake Seminole Linked Watershed and Water body model' 3 ? Priority Drainage Area Selection and Modeling in the Lake Tarpon Basin 14 ? Tamiami Trail Model Certification, in Tamiami Trail Limited Re-Evaluation Report: Batelle Peer Review of COE flow model. ? A Review and Evaluation of the Core Biological Model (CBM): Florida Manatee. ? A General Population Model for Scleractinia. ? A Deterministic Population Model for Trichechus manatus latirostris. In Beta Phase. ? A General Simulation Model of the Multi-Species Colonization of Submerged Hard Surfaces. ? Rainfall, Groundwater Levels, and Swamp Hydroperiod: Modeled Relationships in a West Central Florida multi-cell Hardwood Hammock. Ecological Investigations Travatine Island Access Causeway - ecological implications Analysis of the ecological effects of secondarily treated sewage effluent on near shore sea grass assemblages in the Ft. DeSoto Park area of Pinellas County's 'RS&H, King Engineering, Dames & Moore, Pinellas County Staff (Pinellas County Staff indicated by t in subsequent notes) 2Dr. Mark Ross, USF 3SWFWMD, Dames & Moore 4Coastal Environmental Inc. 5Alvarez, Lehman & Associates Thomas R. Cuba, Ph.D., CEP, CLM February 2009 ? Allen's Creek Baseline Study: Flora, Fauna, Benthic Invertebrates, Ichthyofauna, Upland systems, water quality, physiography, flow and impediments to flow t 6 ? Lake Tarpon Base line Study t' ? Lake Seminole Water Quality Baseline Studyt ? Lake Seminole Watershed Baseline Study t' ? Fort DeSoto Circulation - Implications on ecological function t 9 ? Ecological impacts of removing or modifying the Lake Seminole Weirt ? A review of a site in North West Hillsborough County nominated for purchase under the ELAP program t ? Backyard habitat use sampling as a measure of success in watershed management ? EMAP - Pinellas County's Contribution t ? The Fort DeSoto Aquatic Management Area - recommendations to reduce sea grass scarring t ? The Fort DeSoto Aquatic Management Area - success analysis of management effort t 10 ? Site nomination for inoculation with the Hydrilla Fly by the SWFWMD and Department of Agriculture t ? Lake Seminole Fish Population structure and function" ? Pinellas County - Lake Seminole Pond 6 - existing habitat usage by local fauna t ? The impact of dredging mud flats near the Bay Pines Bridge in Pinellas Countyt ? Coral and Algal assemblages of Broward County Florida." ? Bathymetric survey of Dent's Channel. ? Principal Investigator for the multi agency study: Ft Desoto Tidal Exchange Restoration Study. 13 ? An ecological investigation into the fishes of mangrove forests in Tampa Bay. ? A characterization of the sea grass population at Ft DeSoto Park, Pinellas County, 2002- 2003. ? The distribution and abundance of Crassostrea virginica in the waters of Ft DeSoto Park. 6 RS&H, Wade-Trim, Savannah Labs, USGS, Clearwater, Largo, Hunter-ESE, Orlando Labs 'SWFWMD aSWFWMD 9Dr. Bernard Ross, P.E. 10Nick Ehringer 11work in progress 12 With Coastal Planning & Engineering, Inc. 13 With University of South Florida, Eckerd College, NOAH. Thomas R. Cuba, Ph.D., CEP, CLM February 2009 An ecological investigation into the fishes of mangrove creeks in of Ft DeSoto Park. Tampa Bay Epilithic Habitat Survey. Hammock Park, Natural Systems Restoration Studies Environmental Management Investigations ? Demonstration of control techniques for exotic invasive woody plants14 ? An evaluation of the existing level and effectiveness of the environmental management of the Old Southeast in St. Petersburg ? Manatee habitat usage in Pinellas County: Information needs and solutions ? Feasibility analysis of Pond refurbishment at Bayside Bridge t ? Brazilian Pepper Control at Belcher Elementary School t ? Restoring a Transitional Habitat and creating an outdoor classroom at Belcher Elementary School"' ? The potential effects of the removal of large quantities of Hydrilla biomass on the water quality of Lake Tarpon t ? Habitat Valuation - inherent constraints of the concept ? Potential Mitigation Banks in Pinellas County - The need, sites available, permitting constraints ? The Status of Mitigation Banking at the Pinellas County Brooker Creek Preserve - Impediments to progress and recommended solutions ? A review of the proposed Wetland Augmentation program within the Brooker Creek Preserve ? Mitigation management needs in Pinellas County ? An investigation into the occurrence of Waste Water Treatment Plants and On-site sanitary septic systems in the Lake Seminole Watershed t ? Field mapping of the Lake Seminole watershed drainage system and the occurrence of Storm water treatment ponds and the potential effects on Lake water qualityt ? Field screening for illicit discharges into the Pinellas County Storm Sewer System t ? Compliance Audit and corrective measures including re-zoning for a Tampa area agricultural interest. ? Wetlands management and restoration for a local equestrian center. ? TECO property wetlands 14 EPA, Lewis Environmental Services 15 Lewis Environmental Services Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Permit Application Review Site plans, Storm water Plans, Mitigation Plans, Lake and Pond Management Plans, Developments of Regional Impact, Florida Quality Development, Dredge, Fill, Seawall, Docks, Marinas, Beach Nourishment, Revetments, Groins, Landscape Plans, Waste Water Treatment Plant Discharge, Road, Bridge, Channelization, Channel Re-meandering, SWIM Restoration, Landfill. t Planning ? Management, recovery, and restoration planning in Pinellas - a system of prioritization ? Fort DeSoto Aquatic Management Area Circulation Recovery - Concept plans ? Pinellas County Aquatic Preserves Management Plan t ? Pinellas County Comprehensive Plan: Conservation Element, Drainage Elements t ? Pinellas County Urban Ecological Education Center and Botanical Gardens - Proposed Functional plan ? Allen's Creek Watershed Management Plant 16 ? Alligator Creek Watershed Management Plan - Setting Criteria T ? Brooker Creek Watershed Management Plan - Phase one investigations t ? Lake Tarpon Basin Watershed Management Plan t " ? Lake Seminole Watershed Management Plan - Criteria Development ? Pinellas County Mangrove Ordinance Revision Committee ? Flood Plain Management: Wal Mart - Temple Terrace ? Margolis Industrial Park - New Jersey ? Clearwater Municipal Marina Expansion Plan ? Clearwater Bayfront Marina Feasibility Plan ? City of Cape Coral Yacht Club Master Plan 18 ? City of Treasure Island Marina Feasibility Study ? City of Safety Harbor Marina Expansion Study ? City of Treasure Island Beach Boardwalk ? Mansfield Industrial Park - New Jersey ? Snug Harbor Access Study ? Mapping: Underwater Obstruction, Navarre Beach Nourishment Project ? Tamiami Trail Limited Re-Evaluation Report: Batelle Peer Review. 16 Lewis Environmental Services 17Coastal Environmental, Inc, Peacock and Associates, Lake Tarpon Mgt Committee 18Wade Trim Thomas R. Cuba, Ph.D., CEP, CLM February 2009 A Critique of the Lee County Manatee Management Plan. Permit Application Preparation ? Dunedin Pass Dredging Application - Pinellas County ? Cattail Harvesting and Revegetation in Lake Seminole t ? Pinellas County NPDES Storm water Permit part one t ? Pinellas County NPDES Storm water Permit part two t ? Channel Dredging for the community of Santa Rosa Shores. ? Palms of Treasure Island Multi-Use Mooring - Pinellas County ? Channel Dredging for Boone's Bayou community. ? Dock plans and permits for Gray Dolphin Condominiums. ? Belle Harbor Condominium Multi Use Mooring. 19 ? Mangrove Trimming for several clients. ? Marina Bay Condominium Multi Use Mooring - Pinellas County ? Marina Bay Single Family Docks - Pinellas County ? Sunset Bay Condominium Multi Use Mooring - Hillsborough County ? Yardarm Condominium Multi Use Mooring - Hillsborough County ? Clearwater Downtown Boat Slips - Pinellas County ? Alafia River Estates Community Dock - Hillsborough County ? Santa Rosa Shores Access Channel ? Snug Harbor Multi-Use Marina - Pinellas County ? Ocean Glen Canal Dredging - Pinellas County ? Ocean Glen Multi Use Mooring - Pinellas County ? Bulson Private Dock ? Capri Isles Marina ? Cedarwood Marina ? Chateau Towers Mangrove Management ? Caribbean Isles Resorts ? Clearwater Recreation Center Commercial Docking Facility - Pinellas County ? College Harbor Multi Family Docking Facility - Pinellas County ? Deep Lagoon ? Fox Parcel - Uniform Mitigation Assessment Method ? Frenchy's Restaurant Expansion Coastal Construction Control Line ? Gandy Crest Community Dock - Pinellas County ? Bell Harbor Seagrass Restoration - Pinellas County ? Picnic Island Mitigation ? Pirate's Cove Mangrove Trimming 19 With Florida Design Consultants. 10 Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Alexander Dock and Wetland Management Project Ecological Design ? Maple Swamp Restoration: Conceptual plan - Pinellas County ? Beverly Circle Pond: Conceptual plan - Pinellas County ? Oligohaline habitat restoration at St. Paul's Drive: Conceptual plan - Pinellas Countyt ? Pinellas County Urban Ecological Education Center and Botanical Gardens: Conceptual plan ? Lassing Park Naturescape Habitat Demonstration Project - Design, installation, maintenance20 ? Alligator Creek - Channel H offline treatment system t 2' ? Lake Seminole Park Boat Basin aquascaping t 22 ? Lake Seminole Weir - Environmental Performance Criteria t ? Lake Seminole Weir - Preliminary Engineering" ? Lake Seminole Park Brazilian Pepper removal, control, and re-vegetation conceptual proposal t ? Lake Seminole Watershed - Dog-leg pond: Conceptual plan - Pinellas Countyt ? Using the Algae Scrubber 24 water treatment system in the Lake Seminole Watershed - Feasibility t ? Lake Seminole Watershed Pond 6 Pheasibility, recommendation to purchase, and Conceptual plan - Pinellas Countyt ? Lake Tarpon cooperative interagency Weed Control Program t 25 ? Treasure Island Dune Creation Project (NOAA Restoration)26 ? Clearwater Dog Park ? Clearwater Christian College Master Plan and Mitigation ? Midbay Marine Oyster Population Report 2OTampa Bay Assn.. Environmental Professionals, National Estuary Program 21CDM, SWFWMD, Biological Research Associates 21SWFWMD 23 Greiner 24 Kyle Jensen "SWFWMD, DEP 26 With Phil Graham Architects. Thomas R. Cuba, Ph.D., CEP, CLM February 2009 ? Sunset Bay artificial reef - Hillsborough County Project Implementation ? Clearwater Christian College Master Plan and Mitigation ? 17`h Ave Drainage Project: Brazilian pepper removal, mangrove planting ? Picnic Island Mitigation: Redesign, mangrove planting ? Anclote Bend: Brazilian Pepper Removal ? Bahia del Mar Mangrove Management ? Genosi Mangrove Trimming ? Hammock Park Exotic Control ? South Pinellas Home Owner's Association Lake Management ? Warwick Hills Lake Management ? PasadenaCove Mangroves ? Picnic Island Mitigation ? Tara Cay Sound South: Mitigation area management ? Tara Cay Sound North: Mitigation area management ? Coastal Hammock Restoration: Alexander Site ? Moccasin Lake Park Exotic Control Site Remediation ? University Park of Technology ? Otter Key Underground Storage Tank Remediation ? Parson's Engineering: Stevenson's Creek Public Outreach ? Storm Drain Painting Program in the Lake Seminole basin t ? Storm Drain Painting Program in the Allen's Creek basin t ? You and Your Septic System - Brochure t ? You and Your Septic Tank - Booklet' ? Naturescape demonstration project at the Largo fire stationt ? Naturescape - a homeowners guide to urban wildlife enhancement and living with nature ? Storm water management videos - staff training, Public Service announcement, Public 12 Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Information 12' ? Tree permits in Pinellas County - an informational video for public access television t ? Storm water ponds: Care and maintenance - a video for homeowners t ? Manatee Watch Line public information announcements series 121 ? Manatee Watch Line brochure t ? Turn back the clock -Lake Seminole brochure t ? Help Save Lake Tarpon - brochure t ? Watershed Management Video - Outline and shooting script ? Boater usage Survey - Lake Tarpon t ? Boater usage Survey - Lake Seminole t ? Public information Kiosk at Lake Seminole t ? Public information Kiosk at Lake Tarpon t ? Lake Seminole Watershed Homeowner education packet t ? EXPO - Public information and outreach displays - Pinellas Countyt ? Belcher Elementary School / Teachers group - Advisory capacity ? Adopt a Creek program options matrix t ? Ft DeSoto.info. A web site for data sharing (under development). Expert Witness ? Bay Park Gardens Dock (Florida Supreme Court) ? Mack vs. the City of Tarpon Springs (Administrative Hearing) ? Mar Marine ? Heartstone vs.Talisman ? Tierra Verde vs. Pinellas County ? Support of National Park Services impending action resulting from ship grounding in coral and seagrass habitat ? Santa Rosa Shores v Florida Department of Environmental Regulation ? Hancock Bridge Marina v Florida Department of Environmental Regulation Conflict Resolution and Abatement ? Hatch waterfront dispute ? Conditions of Sale - Davie Parcel ? Fox Parcel Bayhead Swamp restoration order "SWFWMD 28Bob Hite 13 17 Thomas R. Cuba, Ph.D., CEP, CLM February 2009 ? City of Dunedin Water Department ? Bernhard Barge Grounding - Seagrass restoration order ? Cypress Trails Farms Development Plans ? Midbay Marine Expansion Permit ? Olaughlin Development Impact ? Petry drainage ? Clearwater Christian College Mangroves ? Phillippi Point Mangroves Research ? Research Assistant, 1982-1983, Dr. Geiselher Gust, University of South Florida. Computer Programmer. Fortran, Basic, Macro Assembler. ? Research Assistant, 1980-1982, Dr. Norman J. Blake and Dr. Gary E. Rodrick, University of South Florida and Florida Sea grant. Pathogens of marine shellfish. Scientific Diver, August 1980, Dr. Harold J. Humm and Dr. Peter R. Betzer. University of South Florida. Analysis of Grazing Pressure on Macro algae and underwater photography. ? Research Assistant, 1980, Dr. Norman J. Blake. Analysis of Biofouling Assemblage on cooling tower fill material. ? Staff Photographer, 1980, University of South Florida Department of Marine Science. Presentation graphics preparation. ? Assistant, 1980, Biological Oceanography, University of South Florida. ? Assistant, 1979, W.R. Jordan, Florida Department of Transportation and University of South Florida. Assemblage analysis. ? Assistant, 1979, Dr. John Steinmetz and University of South Florida. Microphotographics and Scanning Electron Microscopy. ? Research Assistant, 1977-1978, Dr. Norman J. Blake, Bureau of Land Management and University of South Florida. Assemblage analysis. ? 49th St Bridge Storm water runoff and pond efficiency study - Atmospheric deposition, pond efficiency and the effects on water quality29 Surface Water Investigations ? An investigation into the water quality and habitat impacts at Tooke's lake t ? Investigation into the effects on water quality of the natural closure of Dunedin Pass t ? Estimating Loads from on site septic systems into Allen's Creek t ? Pheasibility of recreating an oligohaline habitat in mid Pinellas Countyt 29USGS cooperator 14 Thomas R. Cuba, Ph.D., CEP, CLM February 2009 ? SWARM - Pinellas County's Surface Water Ambient Resources Monitoring Program t ? Beckett and Arbor Lakes t ? Five years of surface water monitoring in Pinellas County t ? Seminole Water Quality - trends and analyses t ? Lake Tarpon: Seven years of trends in water qualityt ? Lake Tarpon water quality data - quality assurance review t 30 ? Potential Groundwater influences on Lake Tarpon t 31 ? NPDES monitoring needs in Pinellas County t ? Storm water-Land use Characterization under Pinellas County's Part one NPDES permit t 32 ? An investigation into the ecological status of Lake Chautauqua - Pinellas Countyt Success Evaluations ? Salt Ponds Seagrass Mitigation - Key West ? Sunset Bay artificial reef ? Marina Bay artificial reef ? Bell Harbor Seagrass regrowth assessment ? Ft. DeSoto tidal exchange restoration: Measuring the Secondary Effects of Habitat Conversion. ? White Street Pier ? Moccasin Lake Park Mitigation ? Picnic Island Mitigation Experience - Leadership History - Current Positions ? National Association of Environmental Professionals, Member Ethics Committee ? Tampa Bay National Estuary Program - Technical Advisory Committee- various subcommittees ? Managing Editor on Ethics for The Environmental Professional 30S WFWMD, Coastal Environmental Inc 31SWFWMD, ERM South 32 King Engineering 15 Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Past Appointments ? National Association of Environmental Professionals, Chairman, Sustainable Development Working Group ? National Association of Environmental Professionals, President's Advisory Council ? Friends of the Pinellas County Botanical Garden, Director ? City of St. Petersburg, Nuisance Abatement Board ? Florida Chamber of Commerce, Committee Member ? Member, Vice Chairman, American Academy of Board Certified Environmental Professionals Board of Directors ? Conference Chair, North American Lake Management Society Annual Meeeting, 2000 ? Member, Pinellas County Mangrove Advisory Committee, 2001 ? President's Council on invasive and Exotic Species, Member, restoration working group. ? ASTM "Sustainable Site Planning Guidelines" Task Force ? St Petersburg Chamber of Commerce, Committee Member ? National Association of Environmental Professionals, Member Chapter Relations Committee ? Florida Global Change Education Planning Project ? Florida Association of Environmental Professionals, President ? National Association of Environmental Professionals, Director ? Audubon Society - Florida Chapter Board of Directors; St. Petersburg Chapter Board of Directors ? Member, past Chairman, Florida Local Environmental Regulation Association (FLERA) committee on water quality ? Chairman, Lake Seminole Advisory Committee ? Chairman, Lake Tarpon Management Committee ? Environmental Excellence Awards Judge, 1993 and 1994 ? Member, several ad hoc committees regarding state wide issues such as Pollution Load Reduction Goal Committee for FDER ? Florida Chamber of Commerce, Natural Resources Committee, Pinellas Representative ? Member, Waterway Management Committee (Intercoastal waterway). Appointed by Pinellas County Mayors Council ? Chairman, Natural Resource Protection Subcommittee of the Waterway Management Committee ? Founder and President, University of South Florida Marine Biology Journal Club ? Founder and President, University of South Florida Marine Science Dept. Scientific Diving Association ? Member, University of South Florida Diving Safety Committee ? Dive Master, University of South Florida Marine Science Department ? Member, University of South Florida Marine Science Department Computer Committee ? President, Marine Science Advisory Committee, University of South Florida 16 Thomas R. Cuba, Ph.D., CEP, CLM February 2009 Student representative to the Faculty of the Department of Marine Science at University of South Florida. 17 1 9 BIRKI 1 L ENVIRONMENTAL SERVICES, INC. Education B.S., Marine Biology (cum laude) University of North Carolina at Wilmington Professional Affiliation ELULS FL Bar Affiliate Member International Society of Arboriculture Certifications ISA Certified Arborist USGBC LEED® AP FDEP Wetland Certification PAD[ Advanced and Rescue Diver Boat U.S. certification in watercraft and trailer operation and boating safety ABBEY NAYLOR, LEED® AP, ISA Certified Arborist Vice President/Senior Ecologist Abbey Naylor has nine years experience in the environmental industry. Her specialties include state and federal permitting; environmental site assessments including threatened and endangered species surveys, wetland jurisdictional determinations, and habitat mapping; vegetative and hydrologic monitoring; permit compliance; and mitigation banking. She has completed projects in both the public and private sectors including but not limited to: pipelines, PD&E studies, DRI's, commercial, residential, mixed-use development, wetland restoration, pump/lift stations, marinas, mitigation banks, parks, and airports. Ms. Naylor can offer a thorough understanding of local, state, and federal issues as they relate to environmental regulatory concerns. She has worked extensively with environmental regulatory agencies at all levels. She is familiar with project due diligence requirements and the steps necessary to take a project from conception to final build-out. Mrs. Naylor is an ISA Certified Arborist and can offer tree assessment and arborist consulting, specifically as they pertain to local tree ordinances. She is also a LEED® Accredited Professional through the US Green Building Council and has consulted on green building design for clients focused on sustainability. Tampa Bay Mitigation Bank Project Manager for vegetation monitoring services on a 161-acre site in southern Hillsborough County. Responsibilities include review and coordination with field staff submitting monitoring reports for compliance with FDEP, USACE, and SWFWMD permits following a large scale planting effort. Confidential Mitigation Bank Feasibility Analysis and Prospectus Project Manager conducting an extensive analysis of proposed wetland mitigation bank in Hillsborough County, Florida. Included in the analysis were the technical feasibility of wetlands restoration and mitigation bank development, permitting feasibility, costs to develop and market demand. A pro forma for potential Return on Investment was also prepared. Coordination with State and Federal agencies has been initiated. A prospectus has been submitted to the agencies. Confidential Mitigation Bank Prospectus Project Manager providing mitigation bank consulting services to a large land owner in southeastern Florida. Services include preparing permitting strategies, providing guidance on credit yield, market demand, and operations and long term maintenance, and mitigation opportunities on a large tract of land. A prospectus has been prepared and agency coordination is currently underway. San Pedro Bay Mitigation Bank. Perry, FL Project Director in 2009 and 2010 for vegetation and hydrology monitoring services at the San Pedro Bay Mitigation Bank (SPBMB) in Taylor County, Florida. The -7,000- acre mitigation bank is located at the headwaters of the Fenholloway River. Enhancement activities include removal of planted slash pines (Pinus elliottii) and installation of low water crossings and ditch plugs. Changes in hydrology are being documented at 15 monitoring stations where Campbell Scientific CR200 Dataloggers record sub-surface water levels in 15-minute intervals. The 15-minute incremental data are converted to average daily water levels to show stage hydrographs and develop stage duration curves. These hydrographs and stage durations curves are statistically analyzed to allow comparison between non-restored and restored phases of SPBMB, and demonstrate success of the project. Changes in vegetation at the SPBMB are being documented along permanent monitoring transects established in three Page 1 of 2 I L?^ BIRKITT ENVIRONMENTAL SERVICES, INC. ABBEY NAYLOR, LEED® AP, ISA Certified Arborist Vice President/Senior Ecologist vegetative communities; shrub bog, freshwater marsh, and freshwater forested. Qualitative and quantitative monitoring is provided. Quantitative monitoring in the RSAs is conducted by recording vegetation species intercepted by stratum at 3-feet intervals along each transect. These data will be compared to permit-stated percent cover requirements that will be used to determine success of the project. Gainesville Regional Airport. Gainesville Florida Project scientist providing assistance in assessing wetlands impacts and mitigation requirements using the state UMAM process for the Gainesville/Alachua County Regional Airport. Application of the UMAM process includes the transfer of the Airport's Conservation Easement to areas within the Gum Root Swamp, and to assess mitigation for tree clearing impacts. The assessment includes preparation of maps identifying impacts and mitigation acreages (GIS), coordination with the SJRWMD, and analysis of potential mitigation strategies for impacted wetlands. Nature Coast Commons. Pasco County. FL Project Manager responsible for providing environmental consulting services for the construction of an approximately 40 acre JC Penney's and commercial development located along US-19 in Pasco County, FL. Project involved the delineation of wetlands and required coordination with USACE regarding jurisdiction determination of onsite wetlands and coordination with the Southwest Florida Water Management District to obtain the ERP permit and approval for mitigation design. Project also involved conducting gopher tortoise surveys and coordinating with the Florida Fish and Wildlife Conservation Commission. SR 54 and Trinity Blvd - Pasco County. FL Project Manager for environmental services for a commercial development located in Pasco County. Obtained environmental permits from SWFWMD and oversaw the design and construction of a 1.75 acre wetland creation and restoration site approved for mitigation. Justified to the Corps that the wetlands onsite were not Corps jurisdictional, eliminating the need for a Corps permit. St Augustine Airport Runway Safety Area (East) and Mitigation Permitting task manager responsible for overseeing the USACE permit application and 404(b)/Section 10 approval to upgrade the current runway area to comply with FAA safety regulations. Responsible for QA/QC of both the SJRWMD and USACE applications to ensure accurate documentation is provided. A spoil island restoration effort is proposed as mitigation for potential project impacts. Providing coordination assistance with the FDEP Division of State Lands and Sovereign Submerged Lands. This project is part of a three project effort by St. Augustine Airport to improve airport safety and compliance with FAA regulations. Naylor, A. 2009. Florida Chamber's Growth Management, Energy, Climate Change and the Environmental Short Course, Daytona, February 2009- Presentation: Green Opportunities in Community and Development. Naylor, A. 2009. Florida Chamber of Commerce Environmental Permitting Summer School, Marco Island Presentation: Sustainability Challenges and Opportunities in Florida. Naylor, A. 2010. Agency on Bay Management Presentation on the proposed Clearwater Christian Mitigation Bank in Clearwater, FL. Page 2 of 2 ?v BIRKITT ENVIRONMENTAL SERVICES, INC. BEVERLY F. BIRKITT. M.S. Principal Ecologist President BACKGROUND Education M.S., Ecology Florida State University Ms. Birkitt has over 28 years of experience in the environmental field including 10 years B.A., Biology with state and local regulatory agencies and 10 years with a major international University of South Florida consulting firm. Her expertise includes environmental impact studies, environmental permitting, NEPA coordination, and Section 7 Consultation, ecosystem restoration, Expertise project management, construction oversight, and regulatory compliance specializing in Environmental Permitting* wetlands, wildlife, water quality, aquatic ecology, mitigation and mitigation banking. Environmental Impact Assessment • Mitigation Planning and Design • ? Experienced in management of large-scale development and construction projects Environmental Monitoring • Ecology involving multiple technical disciplines. ? Wildlife • Water Quality Expert ? Proven experience in expediting state, federal, and local regulatory agency Witness Testimony ? Project negotiations. Management ? Acknowledged ability in construction monitoring and successful resolution of Certifications regulatory compliance issues. PADI Open Water ? Recognized expertise in wetlands restoration, mitigation and mitigation banking. ? Qualified as an expert in wetlands, water quality, and environmental regulations Professional Affiliations Society of Wetland Scientists Projects have included linear facilities such as: natural gas and petroleum products National Association of pipelines; roads and other linear projects; airports; residential and commercial Environmental Professionals American Water Resources developments; marinas and ports; municipal parks; wetland mitigation and mitigation Association banks; and storm water and domestic and industrial wastewater discharges. As Principal-in-Charge for all BES projects, Ms. Birkitt oversees all client services and Community Activities deliverables, ensuring quality results, timely completion, and adherence to budgeting Presenter, Florida Chamber of constraints. Commerce Environmental Permitting Short Course since 1989 Committee member, Manatee County ELMAC, 2001-2005 Tampa Bay Mitigation Bank Florida Airports Council - Partner in development of Tampa Bay Mitigation Bank providing permitting and Environmental Committee environmental design services. Project includes the restoration of Andrew's Creek headwaters and restoration, creation, and enhancement of freshwater and estuarine wetlands on a 160-acre site in southern Hillsborough County. Responsibilities included preparation and negotiations of ERP, freshwater and wetlands design, conducting WRAP functional assessment methodology and coordination with federal Mitigation Bank Review Team. All permits have been issued for the bank. Construction has been initiated. San Pedro Bay Mitigation Bank Project Director for wetland restoration and development of a 7000-acre mitigation bank in San Pedro Bay, Taylor County, Florida including design of the enhancement and restoration plan, preparation of permit applications, and negotiations with state and federal agencies. The project included WRAP analysis and establishment of mitigation credits working with the FDEP, U.S. Army Corps of Engineers and federal Mitigation Bank Review Team. Extensive studies of ecological and hydrological conditions on the site, development of restoration conditions and negotiation of appropriate methods for measuring ecological and hydrological enhancement were conducted. The state Mitigation Bank Permit and all federal approvals for the site have been issued and the project is in the implementation phase. Vegetative and hydrological monitoring are currently underway. Alligator Lake Habitat Restoration - Pinellas County Project Director for a multi-faceted 35-acre restoration project funded by Pinellas County Page 1 of 5 BIRKITT ENVIRONMENTAL BEVERLY F. BIRKITT. M.S. v v SERVICES, INC. Principal Ecologist -- -- - President and the Southwest Florida Water Management District. Project objectives include enhancement, restoration, and/or creation of wetlands and uplands to improve water quality and wading bird habitat in upper Tampa Bay. Project includes management of team of engineers, surveyors, geotechnical consultants, and biologists. Design and construction management services are also included. Lake Okeechobee Isolated Wetlands Restoration Proiect Project Director for a three year program initiated by the South Florida Water Management District (SFWMD) to design and construct isolated wetlands restoration projects to reduce phosphorous loadings into Lake Okeechobee. The project involves coordination with landowners, assessment of onsite biological and hydrological conditions, alternatives evaluation, hydrological modeling, environmental and engineering design, and development of a wetland management plan to be implemented by the landowners. Delineation of an easement boundary and surveying are also required. The first phase under this project is restoration of a 400-acre site on the Kirton property. Construction oversight was provided and the construction has been completed. A second wetlands restoration project, Lemkin Creek, is now underway. Rivergarden Park Shoreline Restoration Project Director for approximately 2,500 linear feet of shoreline restoration and stabilization at a City of Tampa park on the Hillsborough River. Oversight of engineering design and development of shoreline restoration and planting plans will be provided. Community meetings were held to obtain input from adjacent neighborhoods. The project is partially funded through the SWIM program of SWFWMD. Southwest Florida Water Management District - Property Valuation Conducted an extensive analysis of a proposed wetland mitigation bank on 2,500 acres in Hillsborough County, Florida for property valuation. Included in the analysis were the technical feasibility of wetlands restoration and mitigation bank development, permitting feasibility, credit assessments utilizing Wetland Rapid Assessment Procedures, costs to develop, market demand, and credit values of the proposed mitigation bank. This analysis was instrumental in the resolution of an eminent domain case. Southwest Florida Intemational Airport Midfield Expansion Environmental permitting consultation associated with the ERP/Section 404 Permit Application for a 4,178 expansion of the Southwest Florida International Airport facility in Ft. Myers. Assisting in development of WRAP scoring guidelines for mitigation park proposed as compensation for the impacts associated with this expansion, documentation of consistency with conceptual permit issued in 1995, and permitting strategy development. The proposed mitigation park is approximately 7,000 acres in size consisting of three adjacent pieces of property. The proposed mitigation park includes creation, restoration, enhancement and preservation of wetland and upland areas and is of high ecological value due to the size of the park, diversity of the habitat, and extensive use by wildlife including the Florida Panther. In addition, this area provides connectivity to a continuous network of protected areas leading to Big Cypress National Preserve. L-40 Conveyance Proiect Project Director for the natural resources component of a Reconnaissance Study for the South Florida Water Management District evaluating the conveyance opportunities for the delivery of water from Lake Okeechobee to southeastern Palm Beach County, Lake Worth Drainage District, Broward County, and the Hillsboro Canal. The study will determine the feasibility of conveying the untreated water in an alternate way versus the current action which takes the water through the Refuge. Page 2 of 5 BIRKITT ENVIRONMENTAL BEVERLY F. BIRKITT. M.S. SERVICES, INC. Principal Ecologist - President Gulfstream Natural Gas Pipeline Environmental permitting (state, federal, and local) for the Florida portion of a 753-mile natural gas pipeline for Gulfstream Natural Gas System, utilizing the "team permitting" approach. The pipeline crosses the Gulf of Mexico, entering Florida at Tampa Bay and extending across the state. The project involved issues associated with nearshore coastal waters in Manatee and Hillsborough Counties, the phosphate mining district, Lake Wales Ridge ecosystem, Kissimmee River Restoration Project, and wetlands and waterbodies throughout the onshore route in central and south Florida. The project required extensive coordination with over fifty agency representatives including regulatory agencies, resource and planning entities, local governments, environmental groups, and other special interest groups utilizing the team permitting process. Responsibilities also included preparation of the draft Team Permitting Agreement involving more than 15 regulatory agencies and local governments and a petition for a variance from water quality standards. Permitting responsibilities included Environmental Resources Permit (FDEP), Section 10/404 Permit (U.S. Army Corps of Engineers) for offshore, nearshore, and onshore portions of the pipeline, a Marine Construction Permit and public easement for the Tampa Port Authority, and approval from Hillsborough County Environmental Protection Commission. Numerous public coordination meetings were held across the state and an extensive effort to identify locally recommended mitigation sites was made. Over 100 sites were identified for consideration. Site selections from this list were based on criteria that included environmental quality and habitat characterization, land availability, restoration opportunities, and public benefits. Van Fleet International Cargo Airport and Mixed Use Development DRl Project Manager for a greenfield cargo airport and mixed use development proposed on approximately 22,000 acres of previously mined lands in Hardee County, Florida. The project will require a Development of Regional Impact (DRI), and state and federal environmental permits as well as FAA approval. Key issues are wetlands, wildlife, and hydrology in addition to land planning. An offsite regional mitigation approach is being evaluated for wetlands impacts. A coordinated permitting process is also planned to ensure consistency among the environmental reviews by the various regulatory agencies. The Reserve at Sweetwater Estuarv Project Manager for environmental and permitting services and project coordination for the The Reserve at Sweetwater Estuary Project on a 3,700-acre parcel along the coast of Taylor County near Keaton Beach, Florida. Providing oversight of project and team coordination regarding environmental permitting and associated design activities. Wetlands jurisdictional delineation, threatened and endangered species assessment, and site planning assistance have been provided. Wetlands and seagrass impact assessment and a conceptual mitigation plans were developed. Project has been re- designed as an environmentally sensitive, "green" development with a golf course resort and town center. The marina has been eliminated from consideration. An Environmental Resource Permit (ERP) and USACE Section 404 Permit applications are pending. Detailed saltmarsh and freshwater mitigation plans were developed and approved by the Suwannee River Water Management District. Port Dolphin Natural Gas Pipeline Project Director providing environmental consulting services necessary for obtaining environmental permits (state, federal, and local), preparation of FERC Resource Reports, and assisting in all environmental aspects of a 3.8-mile natural gas pipeline project for the Port Dolphin Pipeline System. The pipeline would begin at an offshore deep water port in the Gulf of Mexico, making landfall at Port Manatee in Southwest Page 3 of 5 BIRKITT ENVIRONMENTAL BEVERLY F. BIRKITT. M.S. SERVICES, INC. Principal Ecologist ---- President Florida, and connecting landward to the TECO and Gulfstream Natural Gas interchange. The project involves issues including impacts to hardbottom habitat and potential impacts to wetlands. The project is using a "coordinated" permit process, which requires extensive coordination with regulatory agencies, resource and planning entities, local governments, environmental groups and other special interest groups. St. Augustine Airport Project Manager responsible for QA/QC in the preparation of the Environmental Assessment (EA) and for development of mitigation options for the proposed Taxiway Extension. The purpose of the project is to provide separation between the runway and taxiway to meet FAA safety standards. The project will impact approximately eight acres of estuarine salt marsh. Restoration of an approximately 10-acre spoil island is proposed as mitigation. Assistance in agency coordination and permitting negotiations with the St. Johns River Water Management District, the US Army Corps of Engineers, and commenting agencies was required. Gainesville Regional Airport Project Manager for development of an Environmental Assessment for the Gainesville Regional Airport expansion. The existing conditions portion of the report has been prepared. Additionally, a detailed description of existing site conditions has been conducted and an Interim Assessment Report prepared for submittal to St. Johns River Water Management District. A portion of Gum Root Swamp was proposed as mitigation as preservation mitigation for previous wetlands impacts and permit applications were prepared for tree clearing activities on the property. Also assisted in negotiations with SJRWMD for permit compliance. Vegetation Monitoring for FGT Phase IV, V. and VI Pipelines Project Director for monitoring of over 500 wetlands along a 270-mile pipeline right-of- way for compliance with FDEP, USACOE, and FERC permit and certification conditions. The project involves conducting the monitoring events following construction of the natural gas pipeline from Tampa to Ft. Myers. It also includes pipeline segments in north Florida and Mississippi. Monitoring reports are prepared for submittal to the regulatory agencies. Environmental Resource Permitting, Niceville, July 2008-Provided training to environmental professionals regarding new Environmental Resource Permit (ERP) rules being adopted by the Northwest Florida Water Management District. Florida Chamber of Commerce Environmental Permitting Summer School, Marco Island, 2001-2007--Faculty member for courses covering ERP wetland regulations, wetland mitigation, secondary impacts, cumulative impacts, wetland-dependent wildlife protection, and Uniform Mitigation Assessment Method (UMAM) Birkitt, B. F., A. B. Hodgson, and B. L. Lane, 2003. The Tampa Bay Mitigation Bank: A New Option for Wetland Mitigation in the Central Florida Region. In: Proceedings BASIS IV, Tampa Bay Estuary Program. St. Petersburg, FL. Birkitt, B.F. and J. Barco, 2002. Utilizing Isolated Wetlands to Reduce Phosphorus in Lake Okeechobee. Presenter, 27th Annual Conference National Association of Environmental Professionals, June 23-26, 2002, Dearborn, Michigan. Page 4 of 5 BIRKITT t ?^ ENVIRONMENTAL BEVERLY F. BIRKITT. M.S. SERVICES, INC. Principal Ecologist President Birkitt, B.F. and L. F. Trepper, 2001. New Directions in Permitting a Large Pipeline Project in Florida - Team Permitting. Presenter, 26th Annual Conference National Association of Environmental Professionals, June 24-28 2001, Washington D.C. Birkitt, B.F. and R. Copp, 1997, Combining Ecosystem Management and Mitigation Banking: San Pedro Bay Restoration. Proceedings, 22nd Annual Conference of the National Association of Environmental Professionals, May 19-23, 1997, Orlando, Florida. Birkitt, B.F., and T. B. Gunter. 1995. Regional Mitigation for a 615-mile Pipeline: Hydrologic Restoration, Exotic Species Removal, and Reforestation. Presentation, 22nd Annual Conference on Ecosystem Restoration and Creation, May 18-19, 1995, Tampa, Florida. Gunter, T. B. and B.F. Birkitt, 1995. Evaluation of Natural Recruitment of Wetland Trees and Shrubs Along a North Florida Pipeline Corridor. Proceedings, 22nd Annual Conference on Ecosystems Restoration and Creation, May 18-19, 1995, Tampa, Florida. Birkitt, B.F., 1989, Loxahatchee River Restoration as Mitigation. Presentation at International Symposium: Wetlands and River Corridor Management, Association of Wetland Managers, July 5-9, 1989, Charleston, South Carolina. Birkitt, B.F. and S. Gray, 1989, Wetland Impact Evaluation and Mitigation: Comparing Apples to Oranges, in Fisk, D., Editor, Proceedings of a Symposium on Wetlands: Concerns and Successes, American Water Resources Conference, September 17-22, 1989, Tampa, Florida, pp 259-267. Birkitt, B.F., and T.B. Gunter, 1989. Wetland Preservation as Mitigation: Implementation of the DER Policy, in Fisk, D., Editor, Proceedings of a Symposium on Wetlands: Concerns and Successes, American Water Resources Conference, September 17-22, 1989, Tampa, Florida, pp. 355-363. Birkitt, B.F., 1983. Considerations for the Functional Restoration of Impounded Wetlands, in Webb, F.J., Editor, 1983 Proceedings of Tenth Annual Conference on Wetland Restoration and Creation, Hillsborough Community College, Tampa, Florida. Birkitt, B.F., 1981. Aquatic Macrophyte and Invertebrate Community Structure in the Wakulla River, unpublished thesis, Florida State University. Birkitt, B.F. and B.J. Dougherty, 1980, Impacts of Bridging on the Aquatic Ecology of Three Rivers in Florida, Transportation Research Board Journal. Birkitt, B.F., B.J. Dougherty, et al., 1979, Effects of Bridging on Biological Productivity and Diversity, Florida Department of Transportation Publication FL-ER-9-79, pp. 1-74. Page 5 of 5 ROBERT C. PERGOLIZZI, AICP, PTP PRINCIPAL SUMMARY OF EXPERIENCE Mr. Pergolizzi has conducted numerous transportation studies and land development feasibility studies in Hillsborough, Pinellas, Pasco, Hernando, Collier, Sarasota, Lee, Manatee, Polk, Walton and Citrus Counties. These studies include site impact analyses, traffic engineering and traffic operations studies, travel time studies, parking studies, transportation analyses for DRI submittals, roadway capacity analyses and alternative corridor/alignment studies and impact fee studies. He also prepares signal warrant studies and signalization plans in accordance with MUTCD and MUTS procedures and access permits in accordance with FDOT and local government regulations. Mr. Pergolizzi has also served as a transportation planner with the Hillsborough County Metropolitan Planning Organization where he prepared reports to assess traffic impacts of amendments to the Long-Range Transportation Plan. He is familiar with the latest transportation software including FSUTMS, Highway Capacity Software (HCS), FDOT QLOS Software, SYNCHRO, SIGNAL 2000, PASSER and TRANSYT-7F. He has also served as land use consultant and expert witness for various land use plan amendments, rezonings, conditional use, special exception and variance hearings for Clients in the Tampa Bay area. SPECIFIC EXPERIENCE Land Use/Zoning/Conditional Use/Special Exception ¦ Lowe's/Publix - Pinellas Park ¦ Waterchase - Hillsborough County ¦ Suburban Lodge - Largo ¦ Cypress Cove Townhomes - Hillsborough County ¦ Oak Valley Townhomes - Hillsborough County ¦ Walgreens - Pinellas County ¦ Park Place Townhomes - Pinellas Park ¦ St. Petersburg College EPICENTER - Largo ¦ St. Petersburg College Health Education Center Expansion - Pinellas Park ¦ Cumberland Trace Townhomes - Largo ¦ Roosevelt Commons Office Park - Pinellas County ¦ Hidden Bayou Townhomes - Pinellas County ¦ Skylark Plaza - Pinellas County ¦ Palmbrooke Townhomes - Pinellas Park ¦ Roosevelt Boulevard/ 62nd Street Commercial Site - Largo ¦ St. Jerome Church - Pinellas County DRI Traffic Studies ¦ Northwood DRI Traffic Analysis ¦ Park Place DRI Traffic Analysis - Clearwater ¦ River Ridge DRI Traffic Analysis - Pasco County ¦ Heritage Pines DRI Traffic Analysis - Pasco County ¦ Timber Pines DRI Expansion - Hernando County ¦ ICOT Center DRI Traffic Analysis - Pinellas County ¦ Mitchell Ranch Plaza DRI - Pasco County ¦ Crossroads Mall DRI - Largo ¦ CORPOREX Business Park - Hillsborough County ¦ Beacon Woods East - Pasco County ¦ The Grove at Wesley Chapel DRI - Pasco County Roadway Corridor Planning/Alternative Systems Studies ¦ Lynn Turner Road - Hillsborough County ¦ Drew Street - Clearwater ¦ Belcher Road Extension - Pinellas County ¦ Keene Road (CR 1) Extension - Pinellas County ¦ City of Tarpon Springs Traffic Circulation Element Update - Tarpon Springs ¦ Gateway to Clearwater Beach/Causeway Boulevard/Roundabout - Clearwater ¦ DeCubellis Road - Pasco County ¦ Gulf Trace Boulevard - Pasco County Traffic Operations Studies/Designs/Signalization Designs ¦ Baywalk/Mid-Core Traffic Analysis/Traffic Signal Design - St. Petersburg ¦ Gulf Boulevard/W. Gulf Boulevard Traffic Signal- Treasure Island ¦ Gulf Boulevard/112`" Avenue and Gulf Boulvard/117'' Avenue Traffic Signals -Treasure Island • Venetian Residential Development - Sarasota County ¦ Wal-Mart/Sam's Club - Traffic studies for rezoning and FDOT permits for numerous facilities in Pinellas, Hillsborough, Pasco, Manatee, Sarasota, Lee, and Collier Counties ¦ Perrin Ranch Road Analysis - Pasco County ¦ Clearwater Community Sports Complex - Clearwater ¦ Thurston Groves 102nd Avenue and Ridge Road Improvements - Seminole ¦ RiverWalk at Manatee River Plantation - Manatee County ¦ Valrico Road/Wheeler Road Traffic Signal - Hillsborough County ¦ Morton Plant Hospital Master Plan - Clearwater Campus ¦ Madison Avenue/Gould Street Improvements - Clearwater ¦ Bryan Dairy Road/Eckerd Corporation Traffic Signal - Pinellas County ¦ Bryan Dairy Road/Longwood Drive Traffic Signal - Pinellas County ¦ Clearwater Mall Transportation Analysis - Clearwater ¦ Trinity Town Center - Pasco County ¦ Rooms to Go Distribution Center Expansion Traffic Analysis - Lakeland ¦ Broadway Avenue/Williams Road Intersection Improvements - Hillsborough County ¦ SR 580/Summerdale Drive Signalization Plans - Pinellas County ¦ The Lakes at Lucerne Park - Winter Haven ¦ The Lakes at Laurel Highlands - Lakeland ¦ Miller Road / Lumsden Road Signalization Plans - Hillsborough County ¦ Morton Plant Hospital - Axelrod Pavilion Access Permits ¦ Numerous access permits for commercial and residential projects throughout Florida. Parking Studies ¦ Mandalay Grill - Clearwater Beach ¦ Morton Plant Hospital - Clearwater ¦ Surf Style / Britts - Clearwater Beach ¦ 1808 Drew Street Retail Plaza, Clearwater ¦ Tropicana Hotels, Clearwater Beach ¦ Shepards Beach Resort, Clearwater Beach ¦ 1454 Gulf-to-Bay Boulevard, Clearwater ¦ Boiling Pot Restaurant, Clearwater Travel Time Studies ¦ St. Anthony's Carillon Outpatient Center - Pinellas County ¦ Community Hospital of New Port Richey - Pasco County ¦ St. Joseph's Hospital North- Hillsborough County ¦ Lakeland Regional Medical Center - Polk County ¦ Bayonet Point Hospital - Pasco County ¦ Martin Memorial Medical Center - Martin County/St. Lucie County ¦ Morton Plant Hospital - Pinellas County ¦ St. Joseph's Hospital South - Hillsborough County ¦ Baycare SE Pasco Hospital - Pasco County ¦ Poinciana Hospital Medical Center - Osceola County/Polk County ¦ LifePath Hospice - Hillsborough County EDUCATION Master of City and Regional Planning, Rutgers University, 1987 Bachelor of Arts, Environmental and Urban Studies, Montclair State College, 1985 Successful completion of 128 hours of training conducted by the Federal Highway Administration and the Florida Department of Transportation on Urban Systems Modeling, Transportation Planning and Site Impact Analysis Graduate course work in Traffic Engineering, University of South Florida PROFESSIONAL REGISTRATION American Institute of Certified Planners #9023, 1991 Professional Transportation Planner #133, 2008 AWARDS 1990 Florida Institute of Transportation Engineers Past Presidents Award for Technical Paper submittal Unsignalized Intersection Analysis on Florida's Divided Arterials MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS American Institute of Certified Planners Institute of Transportation Engineers American Planning Association Largo/Mid-Pinellas Chamber of Commerce Board of Directors - Florida H.S. for Accelerated Learning-Pinellas County Campus Board of Directors - Tampa Bay Junior Lightning, Inc. ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW L/4 of SW L/4 of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates), and deny passage of Ordinances 8195-10 and 8196-10 on first reading. (LUZ2010-06001) SUMMARY: This future land use map amendment and rezoning application involves 1.23 acres of an approximately 1.52-acre parcel, located on the south side of Sunset Point Road, approximately 150 feet west of North Highland Avenue. This property has Future Land Use Map classifications of Residential/Office General (R/OG) and Residential Urban (RU) and zoning designations of Office (O) and Low Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Commercial General (CG) classification and the zoning district to the Commercial (C) District. Currently, 0.29 acres of the subject property have commercial future land use and zoning classifications. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. This land use map amendment and rezoning application was not accompanied by an application for site redevelopment, therefore no use is currently proposed. The Planning and Development Department has determined that the proposed Future Land Use Map amendment and rezoning amendment are inconsistent with the Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code; The available uses in the Commercial (C) District are incompatible with the surrounding area; and The proposed amendment conflicts with the character of the neighborhood. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed this application at its public hearing on July 20, 2010. The Planning and Development Department will report its recommendation at the August 5, 2010 City Council meeting. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 6 CIR S EEF-TLM)Ll C? ° DR RD J Ir R C kRU SE -L < h 1, M a LL H' { 7 ,LOH", ?? w ? -- z SE y m c<a n CI -' ^t, 2 U = ERIN LA :n ¢ ELIZABETH LA ? S UNSET POINT RD CR u n L ns Dr PROJECT SITE SPRI NG LA 0 rH m THAMES LA 0 y ? J JOEL LA c J ) ? BE hTL Er ^ w J ANDY LA T OTTEN ?HEAVEN15 ',F-,CL SENT LA A1•J i„ GREENLEA ? Il J - _ + J ??? a T w oo °o m MARY L. RD T SANDY L£a w R-SEF.dONT DR a ERRACE RD D D - e -...-L= - .. UNWCJD _ _- FLACL 1 I'L' IP.E - FAIRMONT ST Pr?FF ST - - FAIRF.IONT ST w ,?'1•?? L-' - DHINE Sr PARKN+OOD SCO 1J? F:u?,rd ?T Q z WOODBINE , ' C7 F'. - SPRINGD;''LLE o ST Q SPRI N GDA LE z L + r ,1,Tnp HEF ' r ++ E-- El Lj OENTP'Y ST Ck'ERLEA ST D a rn ENGFaiAN ST DR CARROLL ST ??I - 0 w? PINE BROOK DR _- L??fl 1 ?Qf ADMIRAL WOODSON LA ?I -L-P[. 'T WE BB F1 1 = N HIBISCUS LE'v P[l 'T LOCATION MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Roa d Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 LOCATION MAP.docx Item # 5 Attachment number 1 Page 2 of 6 t ui 'r--?'1-?I\ i_??I ?r7tn 1"1??? qyt?{}?' k '?' ,j• p: Vii" ? f a p 11(,PY ?. 4: `. 0 e k f , k F: ?.1?? des 1 3 4 A,- ?• y `'N"Ua?{??'it^ - ' r qh' ?. ? ,,^1115 ??1Y. w ? ?I r?, it ? r ?' 1- ,w I? • a r \ 4 r? I, 1 ? ?L? ? I 4 1 ff ? r? r, 1 l !:? pds 1 d E I - i? al r 't r ?i r? ?P `. 1 I t i .. .. F .715.. ? 1 -- Ltv'F' 1 r -? S F ? r y r:. E ; I •? r 1 1 I ? I 11 ,I C? . ,CS J ?r s sJ' r ? ,tra Yh x _ AERIAL PHOTOGRAPH Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Property Site: A portion of 1475 Sunset Point Road Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A S:APlanning Department\C D 13\1-and Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 AERIAL PHOTOGRAPH.docx Item # 5 Attachment number 1 Page 3 of 6 ._ o ^? U 1911 1915 WILSON RD 1909 1908 1907 7 7 _ 0 v v v 1904 p 1905 ERIN LN Q 1904 o ? N 1900 0 1902 R o ? CO a o a J 1900 1901 SUNSET POINT RD OG CG 1899 1898 ?' ? ? 0 7 cp O 7 W N 1897 SPRING LN 1877 v 1844 N ? Lz Ll a 0 1851 1874 1849 1848 1845 CG 1846 CG z THAMES LN J 1835 Q 1844 ?' N 7 N 7 ? 7 M Q n 7 h 7 ? 7 ? N N o 7 m N 7 co 1824 Q 1831 W Q ?tihPh?6, 1827 ;b p 1840 J 1835 1823 ° X JOEL LN 2 Z U M ? ? Po m ? R R Q ?_y R R R F 11 FUTURE LAND USE MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Property Site: A portion of 1475 Sunset Point Road Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A S:APlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 FUTURE LAND USE MAP.docx Item # 5 Attachment number 1 Page 4 of 6 ., o ^? 1911 1915 1907 WILSON RD 1909 1908 - v v v 1904 L D? p 1905 ERIN LN Q 1904 o ?' N 1900 0 1902 o J v v CO v v v v ? ? a 1900 1901 a Oa a v v v 1899 1898 pp 1897 ?' ?o O @ W N ? 7 Q 7 7 ? b Q G LN 1877 1851 1874 N 1844 1849 1848 1845 1846 a v Q v v v v 1841 1840 Z LMDR THAMES LN J Q 1835 1844 7 (J OI M h t() ? ?' 7 7 Q 7 7 ? ? N N m N c o 7 o 7 1824 Q 1831 W Q ?tihPh?6, 1827 ;b p 1840 J 1835 1823 ° X JOEL LN 2 ?. ? M ? h R R ? R o Q M ? o R R ? Q a ? ZONING MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A S:APlanning Department\C D 13\1-and Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 ZONING MAP.docx Item # 5 Attachment number 1 Page 5 of 6 28 ?N, 29 M er 30 er 31 2 p 35 42 21 1911 20 19 18 50 WILSON RD In 0 esld h 14 0 22 oQ3 24 2 M 36 41 M @ o 1904 ' 8773 v v 1905 21 18 17 16 15 13 37 40 ERIN LN 20 19 Q 1904 h in e w' p N N 4 5 6 7 8 9 10 11 1900 0 1902 N ? N 4 M co ?V h o h 0 0 38 39 100 36 35 34 33 60 1900 1901 SUNSET POINT RD ;z ft.., 4t Vacant Offic t 100 Pharm ac ` v `? N 32/02 ' 2 y ?o oo 32/0 ? Office ^I 1.52 Ac?c> ? 189 7 .,. 1898 Restauran 19 15 14 13 1897 l M M M Retail Sal de H i l = ' V DNiv thNu n Check Rest uNant & Service SPRING L 32/08 1877 88237 8 N N 184, 85 6 87 88 89 0 2 3 80 W 79 8 N 0, 77 76 M 75 co 4 3 0 72 0 71 N ? C c Ln 1840 1851 Cash 1849 7 Thrlft1848 2/09 1845 6 Store 1846 Z J 1$41 estauran Grocery 1 THAMES LN 18435 32/10 Store 1844 N a a a v a 61 62 63 64 65 66 67 68 69 70 56 W 55 N 54 N 01" ' 53 0 52 51 co 50 N 49 0 48 47 1* ? v ?- 1824 1 1 Doctor "" ?' ¢ ,? ti hPh 6 l 127 Offices b^ b^ b^ b^ b^ b^ b^ b^ /11 1823 1840 = 31/04 1835 so JOEL LN 2 L 83.4 Z L M M 1* ( h L 117 EXISTING SURROUNDING USES Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A S:APlanning Department\C D 13\1-and Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\Maps\LUZ2010-06001 EXISTING SURROUNDING USES MAP.docx Item # 5 Attachment number 1 Ptigc G of o yy y Y?1-.y?i k "sir i iJ { Arro?? trccl- I') north ofthc subjcctpropcrl'. b ri ?. tir 7 View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road LUZ2010-06001 Belleair Development Group, LLC 1475 Sunset Point Road Item # 5 East of the subject property West of the subject property Attachment number 2 Page 1 of 10 CDB Meeting Date: July 20, 2010 Case Number: LUZ2010-06001 Owner/Applicant: Bank of AmericaBelleair Development Group, LLC Address: A Portion of 1475 Sunset Point Road Agenda Item: EE6 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION (a) Future Land Use Map amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) classification; and (b) Rezoning from the Office (O) and the Low Medium Density Residential (LMDR) districts to the Commercial (C) District. Property Size: 66,211 square feet or 1.52 acres Portion of Property Subject to Amendment: 53,578 square feet or 1.23 acres Property Use: Current Use: Bank (Not in use since 2007) Proposed Use: None Plan Category: Current Categories: Residential/Office General (R/OG) Residential Urban (RU) Proposed Category: Commercial General (CG) Zoning District: Current Districts: Office (O) Low Medium Density Residential (LMDR) Proposed District: Commercial (C) Existing Surrounding Uses: North: Single Family Residential South: Single Family Residential East: Vacant Gas Station West: Retail, Printers Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 1 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 2 of 10 ANALYSIS: The proposed amendment involves the north and west portions of a parcel located at 1475 Sunset Point Road, comprising approximately 1.23 acres. The amendment request is to change the current Residential/Office General (R/OG) and the Residential Urban (RU) future land use categories to the Commercial General (CG) future land use category and the Office (O) and the Low Medium Density Residential (LMDR) zoning categories to the Commercial (C) zoning category. The 0.29-acre remainder of the parcel, which fronts on Highland Avenue, is currently designated by the Commercial General (CG) future land use category and Commercial (C) zoning category. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property, connecting to Highland Avenue. This land use amendment and rezoning application was not accompanied by an application for site redevelopment. Redevelopment of the site was discussed in concept with the applicant at the Planning & Development Department's Building Plan Review Committee meeting on April 7, 2010. At that time, the applicant did not identify a specific end use for the site. Earlier this year, a concept plan of the subject property showed the property as a Dollar General store and the parcel to the east as a Taco Bell fast-food restaurant with shared parking. A later rendering showed only the subject property as a Dollar General store. The applicant also stated that auto sales use was being considered for the property. At the July 7, 2010, BPRC meeting, the engineer for the property indicated that a Dollar General store and gas station were possible end uses of the subject property and the parcel to the east. In accordance with the Pinellas Planning Council Countywide Plan Rules, this future land use map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the requested density, review and approval by the Florida Department of Community Affairs is required. L CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1 and 4-603.F.1] Recommended Findings of Fact The following objective and policies of the Clearwater Comprehensive Plan are not supportive of the proposed land use plan amendment: Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.62 The City of Clearwater shall continue to support innovative planned Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 2 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 3 of 10 development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Recommended Conclusions of Law While commercial designation of the subject property would encourage land use conversion on an economically underutilized parcel and promote redevelopment activities (reference Policy A.6.2.2) through potential parcel consolidation with the commercially designated parcel at the roadway intersection, the potential extension of intensive commercial uses along the predominantly residential corridor could negatively impact adjacent neighborhoods. The proposed amendment would allow for additional uses not allowed under the subject property's current future land use and zoning designations. Some of these potential uses are incompatible with the surrounding environment and envisioned character of the neighborhood. Since no use is currently being proposed, it is not possible to know what off-site impacts the use will have on the single-family residential neighborhoods to the north and south. Sunset Point Road, west of Highland Avenue is primarily residential in nature with some office, neighborhood retail, and institutional uses. It is most appropriately suited for these uses and not commercial uses that generate citywide or countywide residents. II. CONSISTENCY WITH COUNTYWIDE PLAN RULES Recommended Findings of Fact The purpose of the proposed Commercial General (CG) category, as specified in Section 2.3.3.5.4 of the Countywide Plan Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The site is located across the Sunset Point Road right-of-way from single family homes to the north. To the immediate south are also single family homes. A vacant gas station is located immediately east of the site. To the west are a small market and print shop, both nonconforming uses. Low Medium Density Residential, Office, and Commercial zoning districts surround the site. Locational Characteristics, as specified in Section 2.3.3.5.4, state that the Commercial General (CG) category is appropriate to locations in and adjacent to activity centers where surrounding land uses support and are compatible with intensive commercial uses; and in areas in proximity to and with good access to major transportation facilities, including mass transit. The subject property does not meet the locational characteristics stated above since it is not located in or adjacent to an activity center or a major transportation facility. However, the property is located on a PSTA bus route. Recommended Conclusions of Law The Sunset Point Road corridor, west of Highland Avenue, is not an area that is developed, or appropriate to be developed, in a way that provides community and countywide commercial goods and services. The site is not located in or adjacent to an activity center or a major Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 3 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 4 of 10 transportation facility. The proposed plan amendment is not consistent with the purpose or the locational characteristics of the Countywide Plan Rules. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2, 4-602.F.3, 4-602.F.4, 4-603.F.3, and 4- 603.F.6] Recommended Findings of Fact The subject property is located on the south side of Sunset Point Road, between Kings Highway and North Highland Avenue. The character of the neighborhood is a mix of single family residences, multi-family residences, retail, restaurants, offices, and a gas station. To the north and south are single family homes with a future land use map category of Residential Urban (RU) and zoning district of Low Medium Density Residential (LMDR). The Residential Urban (RU) category permits 7.5 dwelling units per acre. The Low Medium Density Residential (LMDR) zoning district primarily permits residential uses. To the east is an automobile service station use with a future land use map category of Commercial General (CG) and a Commercial (C) zoning district. The Commercial General (CG) category permits 24 dwelling units per acre and a floor area ratio of 0.55. The Commercial (C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales uses. The property has not been used as an automobile service station since July 2003 and has been vacant since that time. East of Highland Avenue, along Sunset Point Road, a windshield survey indicates a number of underutilized vacant commercial properties. To the west are nonconforming retail and printing shop uses with a future land use map category of Residential/Office General (R/OG) and Office (O) zoning district. The Residential/Office General (R/OG) category permits 15 dwelling units per acre and a floor area ratio of 0.50. The Office (O) zoning district primarily permits offices, places of worship and school uses. The retail use is a small neighborhood market, which shares a 4,392 square foot building with a print shop. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55 and the proposed Commercial (C) zoning district primarily permits indoor recreation/entertainment, offices, overnight accommodations, restaurants, retail sales, and vehicle sales/displays uses. Therefore, the category and district as proposed do not appear appropriately located. Commercial uses are not compatible with single-family uses. A less intensive use, such as multi-family or office, would be more appropriate located contiguous to single-family homes and fit in with the character of Sunset Point Road west of Highland Avenue. This request is not compatible with the surrounding area and may unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed future land use and zoning designation are not in character with the overall Future Land Use Map and zoning designations in the area. They are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5 and 4-603.F.4] Recommended Findings of Fact Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 4 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 5 of 10 The total area of the subject property is approximately 1.52 acres (66,211 square feet), of which 0.29 acres (12,632 square feet) is zoned Commercial (C), 1.15 acres (50,094 square feet) is zoned Office (O) and 0.08 acres (3,484 square feet) is zoned Low Medium Density Residential (LMDR). The Office (O) and Low Medium Density Residential (LMDR) zoned portions of the property are subject to the amendment request. The Residential/Office General (R/OG) future land use category permits 15 dwelling units per acre and a floor area ratio of 0.50. The subject property could yield a maximum of 17 dwelling units or 25,047 square feet of nonresidential floor area in the area currently designated Residential/Office General (R/OG). The Residential Urban (RU) future land use category permits 7.5 dwelling units per acre and a floor area ratio of 0.40. The portion of the subject property currently designated Residential Urban (RU) is too small to support even one dwelling unit because it was subdivided from the originally platted residential parcel to the south. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55. Under the proposed Commercial General (CG) category, the subject property could yield 29 dwelling units or a floor area of 29,468 square feet. The proposed change to the Commercial General (CG) future land use category would provide for an increase of 4,421 square feet of buildable area on the subject property. The current Office (O) and Low Medium Density Residential (LMDR) zoning districts primarily permit residential, offices, places of worship and school uses. The proposed Commercial (C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales uses. Roadways Table 1: Maximum Potential Traffic depicts traffic characteristics of the subject property based on the current and proposed Future Land Use Map designations. The table indicates the maximum potential trips generated by future land use category based on the traffic generation rates in the Countywide Plan Rules. The table also shows the potential roadway level of service impacts to Sunset Point Road under each scenario. Note: The Countywide Plan Rules traffic generation guidelines are the accepted methodology for reviewing the roadway impacts of proposed Future Land Use Map amendments. Sunset Point Road from Edgewater Drive to Keene Road currently operates at a level of service C, peak hour according to the Pinellas County Metropolitan Planning Organization 2009 Level of Service Report. Trips generated by the proposed future land use category would lower the operating level of service to D, peak hour. The adopted level of service standard for the roadway segment is D, peak hour. Table 2: Trip Generation Comparison by Zoning Designation, indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation 8th Edition. The analysis compares trips generated by the former use of the subject property (drive-in bank) to uses representing the maximum development potential under the current and proposed zoning districts. Table 1: MAXIMUM POTENTIAL TRAFFIC Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 5 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 6 of 10 Sunset Point Rd (Edgewater Dr to Keene Rd) Existing Conditions Current FLUM' Proposed FLUM2 Net New Trips Maximum Daily Added Potential Trips N/A 210 740 530 Maximum PM Peak Hour Added Potential Trips' N/A 19 70 51 Roadway Volume 9,965 10,175 10,705 530 Roadway Level of Service PM Peak Hour C C4 D4 D4 Adopted Roadway Level of Service Standard D Peak Hour Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on Pinellas Planning Council (PPC) calculations of 178 trips per acre per day for the Residential/Office General (R/OG) Future Land Use Category and 68 trips per acre per day for the Residential Urban (RU) Future Land Use Category. 2. Based on PPC calculations of 487 trips per acre per day for the Commercial General (CG) Future Land Use Category. 3. Based on MPO K-factor of 0.095. 4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION Avg. Net Change PM Peak PM Net Land Use Development Daily Average Trips Peak Change Potential Trips Daily Trips Average Trips PM Peak Rate Trips EXISTING DESIGNATIONS: "O" Zoning District ( "R/OG" Future Land Use Category) General Office Building' 25 047 SF6 275 N/A 1.49 37 N/A (11.01 trips/ 1,000 SF GFA) , Existing Drive-in Bank2 10,586 SF7 1,568 N/A 25.82 273 N/A (148.15 trips/1,000 SF GFA) EXISTING DESIGNATIONS: "LMDR" Zoning District ("RU" Future Land Use Category) Single-Family Detached Housing' 0 DU 0 N/A 1.02 0 N/A (9.57 trips/unit) PROPOSED DESIGNATIONS: "C" Zoning District ("CG" Future Land Use Category) Example Uses New Car Sales4 36,416 SF' 1,214 -354 2.59 94 -179 (33.34 trips/1,000 SF GFA) Fast-Food Restaurant w/ Drive-Through Windows 4,100 SF9 2,034 466 33.84 138 -135 (496.12 trips/1,000 SF GFA) Notes: GFA = Gross floor area. SF = Square foot. DU = Dwelling unit. N/A = Not applicable. 1. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 710. 2. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 912. 3. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 210. 4. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 841. 5. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 934. 6. Total gross floor area ratio permitted by the underlying R/OG Future land use map category is 0.50. 7. The Pinellas County Property Appraiser website provides the square footage. 8. Total gross floor area ratio permitted by the underlying CG Future land use map category is 0.55. 9. Average square footage of a fast-food restaurant with a drive-through window. A specific use of the property has not been proposed by the applicant; therefore, two possible Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 6 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 7 of 10 uses were analyzed in the Trip Generation Comparison by Zoning Designation table. Restaurant with drive-through window was chosen because it is an intensive use. Based on the ITE Trip Generation Manual, this use would result in 138 PM Peak trips. The new car sales use was chosen because the applicant's representative indicated that this was a use being considered. New car sales developed at the maximum intensity in the Commercial (C) District (36,416 square feet) would result in 94 PM Peak trips on Sunset Point Road. The drive-in bank use results in 273 PM Peak trips. Both of the possible uses analyzed generate fewer PM Peak trips than the drive-in bank use. Even though banks are considered an office use in the Community Development Code, the trip generation characteristics of this use is similar to restaurants, gas stations, and other service type uses. Mass Transit The citywide level of service for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject property is located on a mass transit route. Potable Water The current future land use designation could use up to 2,660 gallons of potable water per day. Under the proposed future land use designation, potable water demand could approach approximately 2,946 gallons per day. There is a slight increase in consumption. Wastewater The current future land use designation could produce up to 2,144 gallons of wastewater per day. Under the proposed future land use designation, sewer demand could approach approximately 2,357 gallons per day. There is a slight increase in consumption. Solid Waste The current future land use designation could generate 47 tons of solid waste per year. Under the proposed future land use designation, 366 tons of solid waste could be generated per year. There is an increase in solid waste produced. Recreation and Open Space Due to the fact that the site is developed, the payment of Open Space, Recreation Land and Recreation Facility impact fees will not be required at this time. Should the site be redeveloped, the fees will be required prior to the issuance of a building permit. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Public School Facilities Based on factors established by the Pinellas County School Board, the current Residential Office/General (R/OG) plan category (potential of 17 residential units) and Residential Urban (RU) plan category (potential of 0.60 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 17.60 units = 2.64 students Middle School: 0.07 students per unit x 17.60 units = 1.23 students High School: 0.10 students per unit x 17.60 units = 1.76 students TOTAL = 5.63 students Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 7 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 8 of 10 Based on factors established by the Pinellas County School Board, the proposed Commercial General (CG) plan category (potential of 29 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 29 units = 4.35 students Middle School: 0.07 students per unit x 29 units = 2.03 students High School: 0.10 students per unit x 29 units = 2.90 students TOTAL = 9.28 students An increase of 3.65 students could occur as a result of the proposed Future Land Use Map amendment. The subject property is located within Concurrency Service Area (CSA) D for elementary and Concurrency Service Area (CSA) C for middle schools. According to enrollment and capacity data from the Pinellas County School District, there is available capacity within both CSA D and C and the high school CSA to accommodate the potential additional students. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by the proposed Future Land Use Map amendment would degrade the existing level of service on Sunset Point Road or the operational efficiency of the signalized intersection. However, PM peak trips would be expected to decline. Further, there would be increased demand for potable water, wastewater, and solid waste service, although the increase would not negatively impact the City's ability to meet the adopted level of service standards for these public facilities. Open space and recreation facilities and mass transit will not be affected by the proposed amendments. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact No wetlands appear to be located on the subject property. This property is developed as a drive- in bank and has trees and landscaping on site. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject property. The intent of the new buyer is to redevelop the property in the future for a commercial use. The site is currently developed. Any redevelopment would require compliance with the City's tree preservation and storm water management requirements. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed Commercial (C) District boundaries is consistent with the boundaries of the subject property, which are irregularly shaped. The proposed Commercial (C) District boundaries would consolidate the subject property into a single zoning district. However, the proposed Commercial (C) District is not compatible with the single-family uses to the north and south. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 8 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 9 of 10 streets, ownership lines, existing improvements and the natural environment VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Section 4-602.F.1] The proposed Commercial General (CG) Future Land Use Map category permits a floor area ratio of 0.55 while the existing Residential Office/General (R/OG) and Residential Urban (RU) categories permit less intensive floor area ratios of 0.50 and 0.40, respectively. The 0.90 impervious surface ratio of the proposed Commercial General (CG) category is higher than the existing Residential Office/General (R/OG) category imperious surface ratio of 0.75 and Residential Urban (RU) category imperious surface ratio of 0.65. The subject property meets the minimum lot area of 40,000 square feet and lot width of 200 feet required for minimum standard uses in the Commercial (C) District. A survey of the property indicates that structures currently encroach into the required setback on the north, south, and west sides of the property. Since the property has been vacant more than six months (Bank of America closed in May 2007), any use of the property will require conformance with the current Code. Any development of the property that does not meet minimum standard requirements will be subject to the use criteria in the Flexible Standard Development process or Flexible Development process. These criteria may prohibit certain uses contiguous to residentially zoned properties (e.g., vehicle sales/display). SUMMARY AND RECOMMENDATIONS The request for amendment to the Future Land Use Map involves a change from the Residential Office/General (R/OG) and Residential Urban (RU) future land use categories to the Commercial General (CG) future land use category. Also involved is a request for rezoning from the Office (O) and the Low Medium Density Residential (LMDR) zoning districts to the Commercial (C) zoning district. The subject property is developed as a drive-in bank that has remained vacant since May 2007. Residential uses primarily characterize the surrounding area to the north and south, while low intensity office, retail, and institutional uses characterize the surrounding area to the east and west. The proposed amendment is compatible with the properties to the east and west, but not those to the north and south. The proposed amendment is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed change is not compatible with low intensity uses in the surrounding area. Furthermore, the proposed amendment does not meet the purpose and locational criteria for the Commercial General (CG) designation in the Countywide Plan Rules. The current Office zoning district provides an appropriate transition between more intensive commercial uses to the east of the subject property and the single family use to the north and south. Based on the above analysis, the Planning and Development Department recommends the following actions on the request: ACTION: Recommend DENIAL of the Future Land Use Map amendment from the Residential/Office General (R/OG) and Residential Urban (RU) categories to the Commercial General (CG) Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 9 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 2 Page 10 of 10 category and the rezoning request from the Office (O) and Low Medium Density Residential (LMDR) districts (County) to the Commercial (C) District. Prepared by Planning & Development Department staff: Cate Lee, Planner II Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 10 of 10 C:AProgramFiles\Neevia.Com\DocumentConverter\temp\PDFConvertPROD.12579.1.LUZ2010-06001_Staff Report.do Item # 5 Attachment number 3 Page 1 of 2 ORDINANCE NO. 8195 -10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF NORTH HIGHLAND AVENUE, CONSISTING OF UNPLATTED LAND IN NW 1/4 OF SW'/4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, & PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD, FROM RESIDENTIAL/OFFICE GENERAL (R/OG) AND RESIDENTIAL URBAN (RU) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See Exhibit "A" (LUZ2010-06001 ) Land Use Category From: Residential/Office General (R/OG) and Residential Urban (RU) To: Commercial General (CG) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Item # 5 Ordinance No. 8195-10 Attachment number 3 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 5 Ordinance No. 8195-10 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8196-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF NORTH HIGHLAND AVENUE, CONSISTING OF UNPLATTED LAND IN NW 1/4 OF SW '/4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, & PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD, FROM OFFICE (O) AND LOW MEDIUM DENSITY RESIDENTIAL (LMDR), TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See Exhibit "A" Zoning District From: Office (O) and Low Medium Density Residential (LMDR) (LUZ2010-06001 ) To: Commercial (C) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8195-10 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 5 Ordinance No.8196 -10 9- o PETITION IN SUPPORT As a neighbor closely located to the former Bank of America site at 1465 Sunse, Point Road, 1 support the rezoning and land use change of the site under City car Clearwater file # LUZ 2010-06001, to allow general commercial uses. Thank, yogi. NAME "?-- ADDRESS C qq 5 -t? r_'? iO Y?4 ,? G4 ??7( GCS l j (? l 4E-, /4 U U s,? l g s F R /-J L N ?f- DA,i'L i PETITION IN SUPPORT As a neighbor closely located to the former Bank of America site at 1465 Sunse,, Point Road, 1 support the rezoning and land use change of the site under Ciry cat Clearwater file # L,UZ 2010-06001, to allow general commercial uses. Thank v ;. NAME r7A,tc U C,+,t ?c D ,V ' E \,--D - 1"'_--j VU2 ADDRESS / f'-'O rLbc'f U ? l S? S v•?se? ?- J 'J 1 ?V PETITION IN SUPPORT As a neighbor closely located to the former Bank of America site at 1465 Sunset Point Road, I support the rezoning and land use change of the site under City of Clearwater file # LUZ 2010-06001, to allow general commercial uses, Thank you. NAME ADDRESS :mil /I 0 ? ? 2? DATE ?/) F/ / cr-I a g/Z?/d To ,T ?hey ca,?ti N?, ee il ciry ciss?s YoIV7 ??? any ?,/lam ?/J?uGd ya?T 1-12C7 i? Su?o?` or ?G 20VIti6 Z Ola X - -c- ?-? Re - 6UrcDiN6 .?? ?'° V&di,7r ?k ? ?X?JCf L15 -- art , `-,(. "?j 1851 FLORA LANE 'Zi CLEARWATER, FL. 33755 ? 41' RE: CASE LUZ 2010-06001 1475 SUNSET PT. ROAD BANK OF AMERICA/BELLAIR DEVELOPMENT GROUP,LLC THIS PROPERTY HAS BEEN IN LIMBO FOR MANY YEARS. WHEN SOMEONE STEPS UP TO DO SOMETHING ABOUT IT, SHOULDN'T THE CITY SPRING INTO ACTION TO AID SUCH ENTERPRISE? THE MAJORITY OF MY NEIGHBORS AND ABUTTERS ARE IN SUPPORT OF THIS PROPOSAL?AS AM I. HOPEFULLY YOUR CONSIDERATION WILL BE IN THE AFFIRMATIVE. RESPECTFULLY, Maurice H. Whitehouse V? b To Whom It May Concern Dear Mayor and Commissioner's g?a/ 10 I live right behind bank of America at Highland Ave, Clearwater and I agree with the rezoning this area, because there are some people sleep there at night which is make a big mess in this area and we are not feeling safe. We need to feel safe where we are living. So please do something with this matter. Thank you, Mary and Youssef Hanna 452 Spring Lane, arwater, 3755 W.V This is an Agreement ("Agreement"), dated as of the date specified below, by and between the owner of Record o \ corporation ('Seller"), and HUNT RE ACQUISITIONS, LLC, a Florida limited liability company ("Buyer"). 1. Sale of Property. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller upon the terms and conditions set forth below, certain land in Pinellas County, Florida, (the "Real Property"), legally described on Exhibit A attached hereto and designated as Parcel "A" on the site plan attached hereto as Exhibit B, together with all improvements located thereon and to the extent assignable, all tenements, hereditaments and appurtenances thereto and all development and other rights related to the Real Property, including without limitation: Q) all agreements, leases, contracts, covenants, easements and restrictions related to or benefiting the Real Property and any and all rights of Seller thereunder, including development rights, air rights, water and well rights, density (lot coverage) rights, and drainage rights; (ii) all approvals, permits, and applications with or from governmental authorities related to or benefiting the Real Property; and (iii) all documents and work product of all professionals in connection with the Real Property, if any, including all environmental studies and water samplings, all soil or engineering tests, and all construction, engineering, architectural, landscaping, and other plans, drawings, specifications, surveys, maps, site plans, plats, and other graphics related to development of the Real Property. All of the foregoing are hereinafter collectively referred to as the "Property." 2. Purchase Price. Subject to the adjustments permitted or required pursuant to this Agreement, Buyer shall pay to Seller a total purchase price o for the Property. The purchase price shall be payable at Closing by wire transfer, cashier's or official check. 3. Earnest Money Deposit. Within five (5) business days after the execution of this Agreement by Buyer and Seller, Buyer shall deposit with Carey, O'Malley, Whitaker & Manson PA, 712 S. Oregon Avenue, Tampa, FL 33606-2543 ("Escrow Agent") the sum of Provided Buyer does not exercise its termination right as set forth in Paragraph 4 Buyer shall, at the conclusion of the f=easibility Study Period (defined in Paragraph 4), deposit an additional with Escrow Agent. The above deposits, together with any additional deposits (as described in Paragraph 5) are hereinafter referred to as the *Deposit." The Deposit shall be placed in an interest bearing trust account and shall be held in escrow until: (i) the Deposit, together with interest accrued thereon, is returned to Buyer pursuant to the provisions of this Agreement; (ii) the Deposit, together with interest accrued thereon, is delivered to Seller pursuant to the provisions of this Agreement; or (iii) Closing, in which case the Deposit, together with interest accrued thereon, shall be applied towards the purchase price for the Property. 4. Feasibility Study Period. Buyer shall at all reasonable times from the Effective Date of this Agreement until Closing (or until this Agreement is terminated prior to Closing), have access to the Property for itself, its agents and contractors for the purpose of conducting all such inspections, environmental reports, surveys, soil tests, drainage and percolation tests, and general collection of engineering data, as Buyer may deem necessary. Buyer shall have ninety (90) days from the Zoning Date (as hereinafter defined) (the "Feasibility Study Period") to evaluate the feasibility of Buyer's purchase and ultimate development of the Property. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer copies of all materials identified in Paragraph 1(iii). If, on or before the expiration of the Feasibility Study Period, Buyer notifies Seller that Buyer has determined, at Buyer's option and in Buyer's sole, absolute and complete discretion, that its purchase and ultimate development of the Property, for any reason whatsoever (regardless of the results of such inspections, tests, etc.), is not feasible and that Buyer therefore desires to terminate this Agreement, the Deposit and all interest earned thereon shall be returned to Buyer, Buyer shall deliver to Seller, at Seller's request, the results of Buyer's studies and investigations with respect to the Property, this Agreement shall terminate, and Buyer and Seller shall be relieved of any further liability or obligation hereunder except for the Inspection Indemnity described in Paragraph 22 and the Broker Indemnity described in Paragraph 26 below. 5. Permit Contingency Period. Buyer shall have from the expiration of the Feasibility Study period as defined in Paragraph 4 hereof, two hundred ten (210) days (the "Permit Contingency Period") to secure all necessary government approvals including but not limited to all building permits, demolition permits and site plan approvals for Buyers intended use and development. Any and all deposits shall be "at risk" subject only to receipt of all necessary government approvals and building permits. Upon three (3) days' written notice prior to the expiration of the Permit Contingency Period, Buyer shall have the right to extend the Permit Contingency Period for one forty five (45) day period. In order to make such extension, Buyer must provide seller with copies of all permit applications and all review comments from applicable governmental authorities and Buyer shall place an additional Ten Thousand Dollars ($10,000) in escrow upon said written notice. 6. Closing. Closing shall take place at the offices of Escrow Agent, in Tampa, Florida, or at such other location as Buyer and Seller agree on the date which is thirty (30) days after the end of The Permit Contingency Period unless otherwise extended by mutual agreement between Buyer and Seller in writing, at which time Escrow Agent shall accept tender of the deed for recording and tender of the Purchase Price balance for delivery to Seller. 7. Deed. Seller shall convey marketable fee simple title to the Property to or at the direction of Buyer by special warranty deed free and clear of all liens and encumbrances, except as hereinafter provided. At Closing, Seller shall deliver to Buyer and Escrow Agent its affidavit in form sufficient for the purpose of deleting the standard exceptions for construction liens and claims of parties in possession from the title policy hereinafter described. 8. Entitlements. In order to develop the Property for Buyer's intended use, Seller will obtain the necessary zoning and comprehensive land use modifications (collectively the "Entitlements") to accommodate a retail store as generally depicted on Exhibit B. Buyer and Seller acknowledge that there is no guaranty that such entitlements can be obtained, but Seller shall make a good faith effort to do so. In the event that Seller is not able to obtain the Entitlements (including the expiration of any appeal period) prior to January 31, 2011, either party may terminate this agreement at any time after January 31, 2011. In the event that Seller is able to obtain the Entitlements, Seller shall provide Buyer notice of the date that the Entitlements are vested (including the expiration of any appeal period), the "Zoning Date". The Feasibility Study Period shall commence on the Zoning Date. 9. Title Insurance. Within twenty (20) days of the Zoning Date of this Agreement, Seller shall deliver to Buyer a written commitment issued by a nationally recognized title insurance underwriter reasonably acceptable to Buyer (the "Company") binding the Company to insure marketable title to the Property in Buyer subject only to such exceptions that do not render title to the Real Property unmarketable or interfere with the development of the Real Property (the "Permitted Exceptions") by its Extended Owners Title Insurance Policy, upon recording of the Special Warranty Deed (the "Title Binder'). The Title Binder shall be accompanied by legible copies of all exceptions noted on Schedule B of the Title Binder. If the written commitment is not received by Buyer within the timeframe specified above, all inspection periods (as described in Paragraph4, Paragraph5 and Paragraph6) shall be extended day-for-day by the amount of time elapsed between Buyer's receipt of the written commitment and the delivery deadline. 10. Survey. Buyer may, at Buyer's expense, obtain a current survey of the Property (the "Survey") prepared and certified by a registered Florida land surveyor. If the Survey reveals (i) any encroachments upon or from the Real Property or on or between any building set back line or property line, (ii) voids or lapses in the legal description of the Real Property, (iii) slivers, strips, gores or vacancies contained in the Real Property, or (iv) any other matter that reasonably causes the Title Company to refuse to delete the Standard Exceptions to an owner's title insurance policy for matters of the Survey and unrecorded easements to the Title Binder (provided, however, there may be specific exceptions for matters of survey as are acceptable to Buyer), such defect shall be treated in the same manner as a title defect under Paragraph 11 below. 11. Defects in Title. Within thirty (30) days after the Buyer receives both the Title Binder and Survey, Buyer shall notify Seller of any objections to title revealed in the Title Binder or Survey which are different from the Permitted Exceptions. If Buyer fails to so notify Seller in writing of its objections to title to the Property, title to the Property shall be deemed to have been approved by Buyer. If Seller's title to the Property is not shown by the Title Binder or the Survey to be good and marketable without exception other than as specified in Paragraph 8 above, Seller shall take prompt and effective measures to make the title good and marketable, and shall have a period of sixty (60) days after receipt of notice thereof to do so. If the Seller is unable to make the title good and marketable without exception other than as specified in Paragraph 8 above within such period, Buyer may at its option: (i) terminate this Agreement, or (ii) accept a conveyance of title to the Property in its existing condition without reduction of the Purchase Price. If Buyer elects to terminate this Agreement because of such failure of the Seller to render title good and marketable, the Deposit, together with any interest accrued thereon, shall be returned to the Buyer and thereafter the parties shall have no further rights or obligations hereunder or to each other except as set forth in Paragraph 4. 12. Closing Costs. Buyer and Seller will each pay their own attorneys' fees and costs. In addition, (a) Buyer shall pay the following costs and expenses in connection with the Closing: (i) the costs of recording the Special Warranty Deed; (ii) the cost of the Survey and the additional premium to obtain extended owner's title insurance coverage. (b) Seller shall pay the following costs and expenses in connection with the Closing: (i) all documentary stamps required by law to be affixed to the special Warranty Deed; (ii) the premium payable for the Title Binder and owner's policy issued pursuant thereto, provided however, that such premium shall not exceed the minimum rate promulgated by the Florida Department of Insurance. (c) Taxes and assessments for the year of the Closing shall be pro-rated to the date of Closing. If the Closing occurs before the tax rate is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate of the preceding year applied to the latest assessed valuation. Any difference between such estimated amount and the final amount will be paid to the applicable party within thirty (30) days after the tax bill is tendered. 13, Seller's Representations and Additional Covenants. Seller represents, warrants, and agrees that each of the following is true and correct on the date of this Agreement and shall be true and correct on the date of Closing, and it shall be a condition of Buyer's obligation to close the purchase of the Property that each of the following is true and correct on the date of Closing: (a) Seller is authorized to execute the Agreement and to fulfill its obligations under the Agreement. (b) Seller has no knowledge of any pending or threatened condemnation or similar proceeding or assessments affecting the Property or any portion thereof, nor has Seller knowledge that any such action is presently contemplated. (c) Except for current leases, Seller has not entered into or consented to any contracts, leases or other agreements of any nature with any party that will be binding on the Property or the Buyer after Closing. (d) Seller has no knowledge of any action by adjacent landowners, or natural or artificial conditions upon the Property, that would prevent, limit, impede, or render materially more costly Buyer's use of the Property. (e) Seller has no knowledge of any legal actions, suits, or other legal or administrative proceedings, pending or threatened, against the Property, and Seller has no knowledge of any facts that might result in any such action, suit or other proceedings. (f) Seller has no knowledge of any significant adverse fact or condition relating to the Property that has not been specifically disclosed by Seller to Buyer. (g) Seller has no knowledge of any uncured violations of federal, state, or municipal laws, ordinances, orders, regulations or requirements affecting any portion of the Property. (h) Seller has no knowledge of any episode of environmental discharge or spill with respect to the Property or any lands abutting the Property. (i) Seller has not entered into any unrecorded contracts, options, leases, easements, conveyances or other agreements affecting the use, title, occupancy or development of and rights inhering in the Property, and, to Seller's best knowledge without separate investigation, there are no claims of any additional third parties affecting the use, title, occupancy or development of the Property. (j) As of the Closing date, Seller shall cause to be paid all services, materials, and labor furnished with respect to the Real Estate prior to the Closing date, and that to Seller's best knowledge there are no mechanics', materialmens' or professional services liens (or rights to claim any such liens) against the Real Property that have not been disclosed in writing by Seller to Buyer. (k) Except for those items to be prorated as hereinafter set forth, Seller shall be solely liable for the payment of all costs and expenses, liabilities, obligations, and claims arising out of Seller's ownership and operation of the Property prior to Closing; and Seller hereby agrees to defend, indemnify and hold Buyer harmless therefrom. (1) That Seller has no notice or any knowledge of any actual or threatened settlement, earth movement, termite infestation or other damage affecting the Real Estate, or any reduction or curtailment of any utility service now available to the Real Estate. (m) That the representations, warranties, indemnities, and covenants contained in this Article shall survive the Closing date and run in favor of and benefit Buyer and its successors and assigns. Seller hereby indemnifies and holds Buyer harmless from any losses, costs, expenses, obligations and attorneys' fees incurred should a claim, demand, action or cause of action be instituted, made or taken resulting from a breach of the representations or warranties contained in this Article, and these indemnities shall survive the Closing date. For the purpose of this paragraph, "knowledge" is deemed to be the actual present knowledge of the Seller's majority owner (or the principals thereof), without investigation. The representations, warranties and agreements set forth in this paragraph shall survive Closing. 14. Default. (a) If the sale and purchase of the Property is not closed because of default of the Buyer, and if Seller is not in default under this Agreement, at the option of Seller, the Deposit, together with all interest accrued thereon, shall be delivered to the Seller, and this shall be Seller's sole remedy for Buyer's default hereunder (except for Buyer's obligations under the Inspection Indemnity described in Paragraph 22 and Broker Indemnity described in Paragraph 26 below), it being understood and agreed that Seller's damages in the event of Buyer's default cannot be ascertained with reasonable certainty at this time. (b) If the sale and purchase of the Property is not closed because of default of the Seller and if Buyer is not in default under this Agreement, at the option of Buyer, (i) the Deposit, together with all interest accrued thereon, shall be returned to the Buyer upon demand together with actual out-of-pocket expenses arising out of Seller's default, or (ii) Buyer may seek to enforce specific performance of Seller's obligations hereunder, , and these shall be Buyer's sole remedies for Seller's default hereunder. 15. Escrow Agent. In the event of doubt as to its duties or liabilities under this provision of this Agreement, Escrow Agent may, in its sole discretion, continue to hold the Deposit until the parties mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Court for Pinellas County, Florida, and upon notifying all parties concerned by such action, all liability on the part of the Escrow Agent shall fully terminate except to the extent of accounting for any monies theretofore delivered out of the escrow. In the event of any suit between Buyer and Seller wherein Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, Escrow Agent shall be entitled to recover reasonable attorneys' fees and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or gross negligence on the part of Escrow Agent. 16, Notices. Any notice required or permitted to be given by the terms of this Agreement or under any applicable law by either party shall be in writing and shall be either hand delivered or sent by certified or registered mail, postage prepaid, return receipt requested. Such written notice shall be addressed as follows: As to Buyer: Hunt RE Acquisitions, LLC clo Hunt Real Estate Services, Inc. Attn: Hamilton Hunt 5100 W. Kennedy Blvd., Suite 225 Tampa, FL 33609 With copies to: Drew O'Malley Carey, O'Malley, Whitaker & Manson PA 712 S. Oregon Avenue Tampa, FL 33606-2543 As to Seller: CAY 1475 LLC 6654 78`' Ave N Pinellas Park, FL 33781 With copies to: As to Escrow Agent: Drew O'Malley Carey, O'Malley, Whitaker & Manson PA 712 S. Oregon Avenue Tampa, FL 33606-2543 Any party may, by subsequent written notice, designate a different address or party for receiving notice. Notice shall be deemed to have been given when hand delivered two (2) days after being deposited in the U.S. certified mail, properly addressed and with the full first class postage affixed. 17. Attorneys' Fees. In the event it becomes necessary for either party to enforce the terms of this Agreement, the prevailing party shall be entitled, in addition to such damages or other relief as may be granted, to recover reasonable attorneys' fees and costs, such attorneys' fees to include those incurred on any appeal. 18. Condemnation. Should any governmental entity having the power of condemnation initiate eminent domain proceedings prior to the time of Closing hereunder to condemn any portion of or any interest in the Real Property, Buyer, at its sole option, may elect to: (a) Terminate Buyer's obligation to purchase the Property by giving written notice to Seller within ten (10) days after notification and receive back the Deposit, together with all interest accrued thereon; or (b) Complete the purchase of the Property in accordance with the terms of this Agreement without diminution of the purchase price or change of the terms hereof, in which event at Closing Seller shall assign to Buyer all sums to be awarded or to be awarded in connection with said condemnation; Seller shall not negotiate a settlement of any pending or threatened eminent domain proceeding without the prior written consent of the Buyer. 19. Further Assurances. From and after the Closing date, each party, upon demand, will execute and deliver any and all written further assurances that are necessary to evidence, complete, perfect, or any combination thereof, the transactions contemplated by this Agreement, so long as no further assurance operates to impose any new or additional liability upon any party. Seller shall cooperate with Buyer, and execute such consents and approvals as may be necessary, in Buyer's efforts to obtain such permitting, approvals, variances, waivers, use permits and zoning reclassification as Buyer may deem reasonably necessary for Buyer's intended development of the Property. The parties will so perform all other acts that are necessary for any such purpose, so long as no new or additional liabilities are incurred that are not contemplated by this Agreement. 20. Effective Date. The "Effective Date" as used herein shall be the date on which the last of the Buyer and the Seller signs this Agreement. 21. Miscellaneous. This Agreement may be modified only by an instrument in writing signed by both parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. The waiver of any breach of any term or condition hereof shall not be deemed a waiver of any other or subsequent breach, whether of like or of different nature. The captions contained herein are not part of this Agreement, are only for the convenience of the parties and do not modify, amplify or give full notice of any of the terms, covenants and conditions of any articles, paragraph, clause or provisions of this Agreement. This agreement shall be interpreted and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of the remainder of this Agreement. Whenever used herein, the singular form shall include the plural and vice versa, and the use of any gender shall include all genders, as appropriate. 22. Inspection Indemnity. Notwithstanding anything contained in this Agreement, Buyer shall (i) promptly pay or cause to be removed any liens filed against the Property as a result of any actions taken by or on behalf of Buyer; (ii) promptly repair and restore the Property to substantially the same condition existing immediately prior to the conduct of Buyers entry thereon; and (iii) shall indemnify, defend and hold Seller harmless from and against all claims, damages or losses incurred to the Property or anyone on the Property as a result of the actions taken by Buyer, any of its agents, representatives or contractors, or any person performing the feasibility activity or other activities on Buyer's behalf; these obligations collectively are referred to herein as the "Inspection Indemnity." The terms of this Inspection Indemnity shall survive any termination of this Agreement. 23. Disclaimer. Except as otherwise expressly provided in this Agreement, Buyer acknowledges that it has examined the Property and is buying the Property "As Is," without warranty or representation of any kind whatsoever, express or implied, including, without limitation, any implied warranty of fitness of the Property for a particular purpose, whether by Seller, or by an agent, broker, employee or other representative of Seller. All understandings and agreements heretofore between the parties are hereby merged in this Agreement, which alone shall fully and completely express the parties' agreement. Buyer acknowledges that it shall have had by Closing an adequate opportunity to inspect the Property and to make such legal, factual and other inquiries and investigations as Buyer deems necessary, desirable or appropriate with respect to the Property. 24. Recording This Agreement. Buyer shall not record this Agreement or any memorandum thereof. In the event that Buyer shall breach this paragraph, Seller shall have the right to terminate this Agreement. 25. Entire Agreement. This Agreement and the exhibits attached hereto contain the entire Agreement between the parties. There are no promises, agreements, conditions, undertakings, warranties or representations, oral, written, express or implied, between the parties other than as herein set forth. 26. Brokerage. Buyer and Seller each represent and warrant to the other that with the exception of Hunt Real Estate Services, Inc. (Broker), neither has had any dealings with any person, firm, broker or finder in connection with the negotiations of this Agreement and/or the consummation of the purchase and sale contemplated hereby and no broker or other person, firm or entity is entitled to any commission or finder's fee in connection with this transaction. Seller shall pay a commission to Broker in the amount of 3% of the Purchase Price at Closing and only in the event of Closing. Buyer and Seller do each hereby indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liabilities for compensation, commission or charge which may be claimed by any broker, finder or other similar party by reason of any actions of the indemnifying party, and these obligations are referred to herein collectively as the "Broker Indemnity." 27. Assignment. Buyer may assign or transfer any of its rights under this Agreement upon written notice to Seller, 28. Confidentiality. Buyer and Seller hereby agree that they shall each hold in strict confidence all terms and conditions of this Agreement, except that Buyer and Seller may each disclose such terms and conditions to their directors, officers, employees and attorneys, provided, however, that such party shall notify all such persons to whom such information is disclosed that the same must be kept confidential in accordance with the terms of this paragraph. In the course of performing its feasibility studies, Buyer may disclose to third parties the fact that it has entered into a contract to purchase the Property in order to obtain information regarding any or all of the Property from any third party, and such disclosure shall not be deemed to be in violation of this paragraph. 29. Time is of the Essence. Time is of the essence with respect to this Agreement. 30. Like Kind Exchange. Buyer or Seller may elect to acquire or sell the Property in a manner which will qualify for treatment as a like kind exchange under Section 1031 of the Internal Revenue Code_ In the event either party makes such an election, the other party will cooperate in any reasonable manner and at no expense to the other party to allow the exchanging party to effect such an exchange; provided, however, that in no event shall (i) either party be required to take title to any other property to facilitate the tax free exchange, or (ii) the exchange activity delay the Closing. It is understood and agreed that if either party elects to effect such an exchange, funds will be transferred to a qualified "Exchange Agent" as designated by the exchanging party. 31. Radon Disclosure. Radon is a naturally occurring radio active gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon or radon testing may be obtained from your County Public Health unit. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers on the date(s) set forth below. WITNESSES AS TO SELLER: SELLER: CAY 1475 LLC a Florida limited liability company WITNESSES AS TO BUYER: By: Its: Dated: BUYER: HUNT RE ACQUISITIONS, LLC a Florida limited liability company By: Hunt Real Estate Services, Inc. a Florida corporation, as Manager BV: Printed Name: Hamilton E. Hunt Its: President Dated: EXHIBIT A That certain parcel of land lying and being in the County of Pinellas and State of Florida, more particularly described as Mows: From the Northeast comer of the Northwest %$ of the Southwest % of Section 2, Township 29 South, Range 15 East, run S. 0°07'42` E., along the East line of the said Northw+OM % of the Southwest Y. 50.00 feet; thence run N. 89629'42' W., parallel to the East-West center line of sold Section .2, 5000 feet;. thence run S. 0°OT42" E., along the Westerly right4-way ins of Highland Avenue 175 feet for a Point of Beginning; thence continue S. 0'07'42' E., along said right-of-way line 75 feet thence run N. 89'29'42" W., 170.02 feet; thence run N. 0°07042" W., along the East line of Lot a of Brentwood Estates.(See Plat Book 58, Page 28, Public Records of Pinellas County, Fkxtda), 15.77 feet do the Northeast comer of said Lot 8; thence run N. 57°19'070 W.,124.72 feast to the Northeast comer of Lot 10 of said Brentwood Estates; thence run N. 89°26'15" W., along the North line of Lots 10 thru`12 of Brentwood Estates, 175.15 feet; thence run N. 0007'42' W., 167.63 feetr thence run S. 89029'42' E., along the South right-of-way line of Sunset Point Road (said Ins being 50 feet South of and parallel to the EWJ4.Vegt center Ina of said Section 2) 300 feet; thence run S. 0°07042" E., 175 fleet thence S. 88'29'42' E., 150 feet to P.O.B., being a portion of the NW X of the SW Y. of Section 2-29-15 and being In part a portion of Lot 9, of Brentwood Estates. rCull" W')LU%*1%113 mmuv OrIi.zl tw•aI 1 L&,M t w ?y I f I d apI11191H ---- -- .acs ? ' .?.?:'?t;...??-r L •?_.7L?':Qi y?i?.,l!:•'_?a"? ____-r_?...... ..____?. ? ,rt c J 1 I ;Lj gil- n I r. a k 1? ? I II ?? IJ I' : 4r I I I^ I I ; ! II 5>? I I b, 6 _; el ?..?yyrr kJ ? ?.,cr I ? 3?? ? I I I I I ?: ?r? R N 1 i I :/ I I Iv - I ? 'I I I ; ?i i ? •"II ? i ? V', r T lglq 0711 T'i I I r ?Ej) i I ifa c? r I :I- us I ? ? II r ?. t-] I I / A? ? 1 I I y. d 91191HX3 U V) Q MOLOW. ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8174-10 on second reading, annexing certain real property whose post office address is 133 West Grapefruit Circle, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8174-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF WEST GRAPEFRUIT CIRCLE APPROXIMATELY 100 FEET EAST OF CALAMONDIN LANE, CONSISTING OF LOT 22, BLOCK 3, VIRGINIA GROVE ESTATES, WHOSE POST OFFICE ADDRESS IS 133 WEST GRAPEFRUIT CIRCLE 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: Lot 22, Block 3, Virginia Grove Estates, according to the plat thereof recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida (ANX2010-03004) 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. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 6 Ordinance No. 8174-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8175-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8175-10 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 SOUTH SIDE OF WEST GRAPEFRUIT CIRCLE APPROXIMATELY 100 FEET EAST OF CALAMONDIN LANE, CONSISTING OF LOT 22, BLOCK 3, VIRGINIA GROVE ESTATES, WHOSE POST OFFICE ADDRESS IS 133 WEST GRAPEFRUIT CIRCLE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); 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 Lot 22, Block 3, Virginia Grove Estates, according Residential Low (RL) to the plat thereof recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida (ANX2010-03004) 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. 8174 -10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 8175-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8176-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8176-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF WEST GRAPEFRUIT CIRCLE APPROXIMATELY 100 FEET EAST OF CALAMONDIN LANE, CONSISTING OF LOT 22, BLOCK 3, VIRGINIA GROVE ESTATES, WHOSE POST OFFICE ADDRESS IS 133 WEST GRAPEFRUIT CIRCLE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 22, Block 3, Virginia Grove Estates, Low Medium Density according to the plat thereof recorded in Plat Residential Book 36, Pages 68 and 69, Public Records of (LMDR) Pinellas County, Florida (ANX2010-03004) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8174-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 8176-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8178-10 on second reading, annexing certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8178-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LAKEVIEW ROAD AND THE EAST SIDE OF LAUREL DRIVE, CONSISTING OF LOT 6, LAKEVIEW VISTA, WHOSE POST OFFICE ADDRESS IS 1711 LAKEVIEW ROAD, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF LAKEVIEW ROAD AND LAUREL DRIVE, 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: Lot 6, Lakeview Vista, according to the plat thereof, as recorded in Plat Book 34, Page 62 of the Public Records of Pinellas County, Florida, together with the abutting right-of-way of Lakeview Road and Laurel Drive (ANX2010-04005) 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. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Item # 9 Assistant City Attorney City Clerk Ordinance No. 8178-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8179-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8179-10 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 SOUTH SIDE OF LAKEVIEW ROAD AND THE EAST SIDE OF LAUREL DRIVE, CONSISTING OF LOT 6, LAKEVIEW VISTA, WHOSE POST OFFICE ADDRESS IS 1711 LAKEVIEW ROAD, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF LAKEVIEW ROAD AND LAUREL DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); 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 Lot 6, Lakeview Vista, according to the plat thereof, Residential Low (RL) as recorded in Plat Book 34, Page 62 of the Public Records of Pinellas County, Florida, together with the abutting right-of-way of Lakeview Road and Laurel Drive (ANX2010-04005) 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. 8178-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 10 Ordinance No. 8179-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8180-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1711 Lakeview Road, together with the abutting right-of-way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8180-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LAKEVIEW ROAD AND THE EAST SIDE OF LAUREL DRIVE, CONSISTING OF LOT 6, LAKEVIEW VISTA, WHOSE POST OFFICE ADDRESS IS 1711 LAKEVIEW ROAD, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF LAKEVIEW ROAD AND LAUREL DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 6, Lakeview Vista, according to the plat thereof, Low Medium Density as recorded in Plat Book 34, Page 62 of the Public Residential (LMDR) Records of Pinellas County, Florida, together with the abutting right-of-way of Lakeview Road and Laurel Drive (ANX2010-04005) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8178-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 11 Ordinance No. 8180-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8182-10 on second reading, annexing certain real property whose post office address is 1845 Audubon Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8182-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF AUDUBON STREET AND REGENT AVENUE, APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, CONSISTING OF LOT 16, GRACEMOOR SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1845 AUDUBON STREET, 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: Lot 16, Gracemoor Subdivision, according to the plat thereof, recorded in Plat Book 30, Page 7, Public Records of Pinellas County, Florida (ANX2010-05001) 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. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 12 Ordinance No. 8182-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8183-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8183-10 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 SOUTHWEST CORNER OF THE INTERSECTION OF AUDUBON STREET AND REGENT AVENUE, APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, CONSISTING OF LOT 16, GRACEMOOR SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1845 AUDUBON STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); 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 Lot 16, Gracemoor Subdivision, according to the Residential Low (RL) plat thereof, recorded in Plat Book 30, Page 7, Public Records of Pinellas County, Florida (ANX2010-05001) 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. 8182-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 13 Ordinance No. 8183-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8184-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8184-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF AUDUBON STREET AND REGENT AVENUE, APPROXIMATELY 300 FEET SOUTH OF DRUID ROAD, CONSISTING OF LOT 16, GRACEMOOR SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1845 AUDUBON STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 16, Gracemoor Subdivision, according to Low Medium Density the plat thereof, recorded in Plat Book 30, Page 7, Residential (LMDR) Public Records of Pinellas County, Florida (ANX2010-05001) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8182-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 14 Ordinance No. 8184-10 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8199-10 on second reading, Amending Chapter 32, Code of Ordinances, relating to residential reclaimed water service outside city limits within an incorporated area and location of reclaimed water service lines, and adding Interlocal Agreement as a means for providing service. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8199-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO RESIDENTIAL RECLAIMED WATER SERVICE OUTSIDE CITY LIMITS WITHIN AN INCORPORATED AREA AND LOCATION OF RECLAIMED WATER SERVICE LINES; AMENDING SECTION 32.355, CODE OF ORDINANCES, ADDING INTERLOCAL AGREEMENT AS A MEANS FOR PROVIDING SERVICE; AMENDING SECTION 32.372, LOCATION, REGARDING REQUIRED PROXIMITY OF RECLAIMED WATER LINES TO OTHER WATER UTILITIES; AMENDING APPENDIX A, SECTION XXV, ADDING SURCHARGE FOR RECLAIMED WATER SERVICE OUTSIDE CITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.355, Chapter 32, Article IX, Code of Ordinances, is amended to read as follows: Sec. 32.355. Service outside city; annexation required. Service outside city, residential. EXGept aspreviQed-IheIt9N nnn donti°1 i-rno vr,)1 IMe , ,moors rReclaimed water service may be provided to property located outside of the city which is subject to an agreement to annex whenever annexation is permitted by law, which agreement shall be recorded in the public records and which shall constitute an application to annex the property. Reclaimed water service may be provided to property located outside of the city which is ineligible for an agreement to annex due to the location being within the confines of an incorporated area upon execution of an interlocal agreement with the affected municipality, and execution of a Resolution by Clearwater City Council. However, properties inside the city shall have the first priority. All applications for service outside the city shall be reviewed by the director, who shall approve such service only if an adequate supply of reclaimed water is available to meet the needs in the city. The director shall review and technically approve all service line sizes and all other necessary design components. Section 2. Section 32.372, Chapter 32, Article IX, Code of Ordinances, is changed to read as follows: Sec. 32.372. Location. The location of reclaimed water service lines and points of delivery to private property shall be determined by the city, h„+ in AG iRstaRGe and where achievable, shall be no closer than-+ve three feet from the potable water service line or the sanitary sewer line. The normal location of the reclaimed water point of Ordinance No. 819ftdrih # 15 Attachment number 1 Page 2 of 2 delivery (including meter, when required) is behind the right-of-way line on the property being served. Section 3. Code of Ordinances, Appendix A, XXV. PUBLIC WORKS--FEES, RATES AND CHARGES, (3) Rates, (f) Reclaimed Water Rates is amended to read as follows: 1. One availability fee shall be charged to a property and not to each of the multiple individual potable water accounts. An example of this situation is when a commercial property has multiple stores, etc., as multiple individual accounts, and the property is mostly parking lot and commercial space. The property owner irrigates or uses reclaimed water in some manner, but at only one location at the property. The location utilizing the reclaimed water will be billed for availability and consumption. If another location on that property needs a reclaimed water service connection, that account will be billed according to the schedule above. 2. Service out of municipal limits. Accounts outside of the corporate limits of the city shall be subject to a surcharge equal to 25 percent of the monthly charges. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 819ftdrih # 15 City Council Agenda Council Chambers - City Hall Meeting Date:8/5/2010 SUBJECT / RECOMMENDATION: Approve two work orders for American Recovery and Reinvestment Act Brownfields Assessment and Cleanup Revolving Loan Fund Activities for the CarPro site located at 1359 Cleveland Street to Cardno TBE, an Engineer of Record, in the amounts of $86,500 and $70,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Community Redevelopment Agency approved the purchase of the CarPro Site located at 1359 Cleveland Street on June 1, 2010 for the purposes of environmental remediation and potential future redevelopment. This environmental remediation is to be funded with grant funds that have specific requirements and strict timelines. Acceptance of these work orders will allow Cardno TBE to complete Brownfields activities at the CarPro Site necessary to meet the requirements of the American Recovery and Reinvestment Act (ARRA) Brownfields Assessment and Revolving Loan Fund (RLF) Grants. These services are to include Brownfields Site Rehabilitation Agreement (BSRA), Community Relations Plan (CRP), Site Specific Quality Assurance Project Plan and Health and Safety Plan, Brownfields Site Assessment Activities, Pre-Remediation Assessment and Feasibility Study, Remedial Action Plan, Analysis of Brownfields Cleanup Alternatives (ABCA) and FDEP Brownfields Site Assessment Report (BSAR). The above listed activities will be completed in accordance with the Terms and Conditions of the current City of Clearwater Brownfields Grants and in accordance with Chapter 17 - 785 (The Brownfields Cleanup Criteria Rule). Closing on the Car Pro site should occur by the first week in August at the latest. This scope of work will be conducted once the CRA owns the site. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: 156,500.00 Not to Exceed: For Fiscal Year: to Budget Adjustment: Annual Operating Cost: Total Cost: None Appropriation Code Amount Appropriation Comment 0181-99855-530100-559-000- 152,800.00 0000 0181-99855-550400-559-000- 3700.00 0000 Dover emo Bid Required?: No Bid Number: Item # 16 Other Bid / Contract: Bid Exceptions: Impractical to Bid Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager Approval: ED 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 & 3 ., <m 01 1 VV 1. R K OR M k k I N E Ik f A T t:.; N I t r A FiM"\ D ? Jai 1.2010 r i'?,i11 H U - I' I City 14 d-H t'Aurn er:_ , and di l. fl.pct i t v,1, l,.V ; Lind the CAk ii-I_ I ,J1 r -ii J ?1 Florida. ?mm?gme . ter I?? i 1. 1`?.[?1?1,°?,TA €1 i Hlilv.-ltltr. lr'd ?qr?? _}I, 111 . - I I II lal s r- ?k r" Annust ritn 1M Pl. N`: ll J -,.,I!f'nh !fly' f?_?II? ?''dlflra P; (.III'I ?I 1 111 _.)I11[dF'jjjg l;l , . tlf'.h i bvil: QT ;li' WNt_, f on- Decd (0, "W; We ry?! i '-?' w H ?? G Me con-vl n n and ?Wr??"milt??l ??1 , ?P I rer,Jrll?r I?;i?. ate TAE' Mnydr y iii ivWyn ; P `1 `11f v al 1n TH Ck f CA ?in k i- qq)f w , -J?Il;ll dl -,{ ra y ?,ai ?.I kl 00P) tdi 311:11I ?"!' il?, dill Urli:l' i'll` 3A A %°',`ilJ f i i 1I"I W K ecr.Mi.on -mph &1 1r II'['_ lll I1 ' I''[ 1!1? i_ 1,11 City cf C m mv 0"i 0 ' 1, Br ctnd 'CPf I i Aule). Tip q,1.. ,rill ?.-.Jty AR R F\ .?ra iJt Work Plan Task t3h??sL- !/ ka 44,,,Sess n Jr:t.r...: L>1 ??? 111?l: J FIDEP _ 1 .'' i ... _ ,. .. , f dSk f I[f?t (Now ?:?.1. ?. ?':?d l? 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S) Lll'-' C-.hlunn;jtr-a"a ?r 11 lt:"J1t?., t'+'tl'i1; 11 ??'uill f n} ql r]te ??(?'~dl l?.vard 6 a purc prDW F7f 3,j` p (!n, in th,JJ deHM' JW?A,PL Jt11`11r11iC?1li), Ar.fdhtk__)i4 y 0i of ir,..,lp cts f,;?v'tn(lt Open MOW, Wombed and axWpsw ad sanipdng 1 EJl F ,?tfi ffl I)l.,ikj jg 0 yofer ly, 3ftr r building dump) will be l uquiJ cJ L y 1 C:?EP. FDEP 01 , su f q _Ilf ,- Item it 16 Attachment number 1 Page 2 of 3 tf j this. it i', ?. Imo'-' ;? 5i1I 1.• ?' ? 1-!;- .?II1, i 1r. I`? .? ?'r,? !' >.I "i I ;';? °r uvIL ,, ?II1'1?; ? ? sf1 , Iii r1 nent I '+m + r-'I i e I t.iip`e " C I H i' I' , 3. ?',"F'<,J C (3?OAil , Meet the T ,rr'n, II! Cui 31'1 sir o cal , ,1 ? ?;I PA 'I'll iigd Pil r„1 erVlf ri I I •! {'. .i '' aft I , ite tb?,' I I I ui '-51 of I, I'[ f'`I ?1 J C,.'? N t .1i:?f1C 1 LE I' Id o-, :-- !+'if'_ 1-'l ,.cif w.1s'. ? I'' :I 1-r-II II!l I F I I 41, 111 riot AI .....,, ,. ,, Project Total, ......... ........ , %; . S -" Work FDEF a C'nI?I,-tI f ?v I !fi U[ 4 I' ,?"''?..?_?1h1 )I :I , ... ir!+:?'1 ? F. i.,+ try ? 5.?5? [?:? ?`' :?• ? 1';?.1?+ '?S+t 'r,?1?'I + ? ,-f 1 l ?.::..?sl: ? I•? 1 +"3'-. r,`)J1 AS;a?Gh1M141:C`,tT I ;II q (72 1, ?!1 1-I Yf ? 11,E f „? rat m ?1 P ) 431 s , Tern' 1- '. CC3; E:: 'UCJL?E f i_rE:i'F?i=t='?JI P Phi{? PROCE DUR S. '1iIV 11 k)? di`ir1-If-d in P+.1ilt H Oc)gn IEti ii?h4 i 1 Item # 16 Attachment number 1 Page 3 of 3 7P tl I , LJY: f„ [-j lr' iii 111 1;,.. d G`?,.,rl,; ar Date Item # 16 Attachment number 2 Page 1 of 5 H. ONO TIRE V ORK CJRf F-R INITIATION FOPM FOR 1 Eta.. 'C'I TW OF C LLARW, ?[, R Date- Jr1ne 21, I i l1 1, Ii;_ P,?ITrI I! ` BI F R?.? i E 1 i TH ? l F - fi e' r E i i t" T "? 111 q :t l ', E, r? ri rl I ?? , ? t. . SCOPE O SERVICES, 'I ?i111(?I yen 1 t Ir ?,T 1ri n Rey -Iu?.?I'a ?.rs (_I „rx?lfi ll. l,f_ 6.l r{,:Ilr?.' LIB; neI a,i?-j (F 1-F) :.l!I;{rle7t the fcllov.1 ig t "?=1 I, f {';t l',I [?G,r=i?31 7 )r , LL f E;7 1 rt ?( r?'??I}?1 ',. ru ?'{ 11?f'( I. i I(( T'n )[ I(lr -ibo _ Ilt?fl` l+cdk,tI ric I i II ( C]c 9 E,-lt{1 3171.: f ,.?,n dlatEen In, IIT =11 A' ??'"?II?k ?t'y t.l[?t?;; ?6et? t(!??`I'( do u Analysis of 1l<<_ following scope cp r.ace_ ? je9 i I[. _I h ?<<.irl_I ,il( 1 iJ l Work 31,,?[? ?Ii1 ?.1 ll,,i use of P° PA ti : :>rTr l t AR RA I;ll Pi, v' , It,I ,I a ?Il:. a 3 t`U Loan Fui ? h_ r`II be cr r[[llls::t:,1 II 3",{ c;r 7 sil .(° 'pith dil? and cl,,iltil l of the ?_,1It l T t_,i; of Iear-v;{,i(t=? 17- (The B'-:_{°''`,'f I ?I up , I ;. 7 the " II?"'I, {'ti1 k La ?.=:" QL161+l d ICII the IL) rn'i6r } Pi,,) SItu, I s IIIL)"'i'a, City A RA Grant ? rk Plan `ask 1 Project Management aIi d Reporting/ Programmatic Support ( 1 f 1 ?L { 4 CBE work in Stall, W01-l.jlP,0uli-; I.P.Ah th _ ty of Ir{?r tit 1I to develop ?, P!; tt r vvritl.,Id Site I= r l l:jlllilt ?tit,IT 1 ,rf_,;- _ rat for the CLqi Pro Site in a c r f._T°T,.#' r?'ith thle l l ?:? icJL? Act for City review and modlfi??lilll-ln 4S(D I Ir!VI.I ` <i-,.Isfance in the is embly of the attaclln9}F!ITtS Irf_iL:'II?[i f,-)l Ol F-,SF\' Carom{) I BF vg`II attend up tti thr, -t ( mmeeting or con .Ir?Iice call- oid l cacti- riate avith+ the reguiat iy agencies to facill the devt !(,Iprrent et t11l- Ear I his work effort will be billed on a lump sum basis. Item # 16 Attachment number 2 Page 2 of 5 '.' R17A) fill . Ii i I.1; rai't' l:?11? f tf, ii ?it I L u n L r," p ", {.111" Cll r z- 6j. I ;I1?', ? O pi ? to t rmii 1 toe qty AR rant Work Ptah Task . Phase IM ( .;:)iv p (-tin of an __ Site 1•{ail ;. ,i7? ,. j;? t ,I r} ,?P f,;'. i 4.: 1. t s• ? `,I Ir+?liY, i'l ???' I +.fl rdnoTP will €I I I?,IIE't ;i% I'. 'I i {)j ?i.• 1 _ ,.'l f'_ I .??ir??'f' it ?3t1`-'.{' ?,EI{jF ? IIr_ ji ?- i(1=il li 'If'??_? l?f(9.;ll?i?'- ,,-,• l ?itil,?i• 11?':?,. ?'??,. 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Irl?k'.';tl',)II }t'[ }111{.''4i. :f v` 3 :}tli fl n r)rf,, of di-c'1 rg IC per??ittir? Pate tl? I infill MUI'1101- cell t r fly-. [1xy l:r cl-m, irrl .if Ne;llly all (li 1!I, h° Itlt _ yitllllt':} abo e are Ct?lltlfl., ;i1f C)11 t=1t3 It'`,llll? of the ,r «? a ir?g wor 1tr:irl r 'l.lft" r r l?Ili dell one lippf ?wh unO f!?rrt? r-.,?:?C?il?irr,?i of ._1nd;<,ithl -. ° (e.g., e ri r,E rjEt '?? 'f t'i_?UriJ"IlHte[ f j. ,yq-,[ ? dE'i ria 1d, --? Item # 16 Attachment number 2 Page 3 & 5 i [ F H' ,7y .A"o ' , ® 1, Plan I anK C?ii ?t4 I? 1-' . ., tre chiP N invn o elawnf & off f 1 !, 1 i'Iri1 I f1 I , ff nc! ? ;,-? `ly1111 11Y! 7 iil(,1 I JI'"°p l "T 1 ? Ire th, L { l i { ' I _31; I P I I' I 11 - it The PAY AM.?a I'kili l ?1 f ?. J ? ,lF)fi I ?J`'; i._`I j ???I•;: ??ji dl'I? ???? 1 r i ?I ?? b sl? d c f I,rrlE, i Ct n, M. Actte b r A r'lP KOH ?.!f ? i`,k;=, 1f{ { Iran aw C' I f u fee of Plan Task 1: Pro'' fAlR ,.{ j' ji nt_ ijd Y C:'rrwlywAg `7Fwim, U ;lYfK' r"irdw war' 8 .............. .,.,,,..,...............,.,,. F". nalys! 1 'O n . AN+ `Ms ? ji: 3l l l,.l f.1 -n._ : MH'., I ' Bl„ A ,...... . ., , f'y 1? ,1l,llIt d yI Ilan IFPSK ' P i -. H J f -11 ific ` uaNt res. ?ar??rr1?.? F I P, n -TA -Man W ,{lily I A .1c+;ilf,; djll f .............................. e -1lib dy Shyly 9 Rupportin Data Collection for each/Pll l I FD EP ; r ,mifieM ` one:.diaj p?l-;ticjj pl,,ii jl--?ZAP ........................................ } 3 Item it 16 Attachment number 2 Page 4 of 5 d?,f? lid` ;k'I L cafJ a ,?? .......................... ....................„..„..„ .....,_.... .. . S F r) LE: r i I?rt? 11 ill Il 1??3]!, _ I f ?r 1111 .g, f: i°m A,ut!° -;1 . ?.. T'a I-(- ... I I,_ , I ? tr' I 1, l rS 1r c. f f Il4,Ir'T l ),?1 36t 4 r lfti;f?,, ?!?, I ?.IJ?" q',. r T k ', G ul,?.,`" I 11 1 I1?;I • EPA 1'. _ 36?-._ 1 ,_ rtint ' 0, , ?T< l Ear h;;h , .al.?3z i_ . r City A t e?`'Jo 9 I I. I I'I i=jLitic,i I f I,f li? ?n FDEP ?7.I{,l,I ;?1 , fd??I'!Il j. ! ?.4 ', 11i i II;1 .I {1f ? I?r {_? 1r } fCI?9 ` • t' :. arid response to comni? ? I'jt - 6 ;'yes FD&I o t ,val - 6 Days Pt''r ARP/ t (i; 41 f s 't_ ?. 1 ?I„il T,j, ' ti ;-??.°tFl tl llC_: III '. l)?-t :, fI,.D • 5 Guys incorporation f ,c rr r i=:: It . ?,ind 7PA Review Thr, i .,_,111-Tvn"r1°`'r`1 11?r thi r,-I, -'(I at ,ir'l E--d C-7r0ii: T anCv-d ?,ii_,Ie fur FC)l -f Imu k)iJ vvd UI dik ent in the project yve Batt Project Tirnc 1+rIi, i. 4, Item # 16 Attachment number 2 Page 5 of 5 f? , k...._ 'R,OrF D'URF:.`. p ??_f f.°,l la .' II' i11,1r it 11 ll_. !.II .?I II rl' hll ?" r' lil'I 0 '. J N t31Nr r ?:f n1I L)P. w, 119 tr) 1 11 4i 1._I. ( t ill r Ij rJ...ll lj ld[I, ?7 }formed. l? will a lU1 I1 --.i. n k 91, 1` F JO 9 W . N ° " I !) . LEFT aI k. 10. CIPIINSIDHI?A' ..-4?3: N/A BY- IR?II+a1 cor ( rdno T I` ? 1 I,i i?11 llr? QEi11I?I,' L_jp) ,,,. f X11 ,? } I. J Eooiis_in Devi .fl-,,:?![nE 11 and -l 1 1, City I'VI City o ;lejr,,? slt Item # 16 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:8/5/2010 Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing project revenue budgets by $15,665,240 of planned future bond proceeds, increasing project revenue budgets by $2,922,874 of utility renewal and replacement revenue, $8,323,626 of sewer revenue and $4,418,740 of water revenue for a total increase of $15,665,240, resulting in a net budget change of $0. (consent) SUMMARY: This restructuring will adjust the funding sources for the current year project budgets to agree with the Fiscal Year 2010 Burton and Associates interim rate study. The Fiscal Years 2008 and 2009 rate studies projected the need to issue revenue bonds in Fiscal Year 2011 to fund projects. Due to project restructuring and operating savings, the next bond issue is now projected for Fiscal Year 2012. A major rate study is planned for Fiscal Year 2011 to ensure that rates are in place to support the Water and Sewer Utility's CIP, operations, and debt service. Rate increases are already in place through Fiscal Year 2013. Upon the completion of the Fiscal Year 2011 major rate study, an agenda item will be brought for Council approval requesting rate increases to be adopted through Fiscal Year 2016 to support the issuance of the Fiscal Year 2012 Water and Sewer Revenue Bonds. A schedule of the third quarter project budget changes is available. Type: Current Year Budget?: Budget Adjustment Comments: See attached schedule Current Year Cost: Not to Exceed: Other None Budget Adjustment: Annual Operating Cost: Total Cost: None For Fiscal Year: to Review 1) Financial Services 2) Office of Management and Budget 3) Financial Services 4) Financial Services 5) Office of Approval: Management and Budget 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 1 C LL of 06 of T ? O O O N O ? Q' LL U) W H U Q E Q 2-6 of - Q 0) 0) w U o LL LL U U ? .O C H O zO U 0- U 0 o U LL 0 C m H 00 (000 N CO O O O O C:)- C:)- = V O O (O O O 00 O I? O 00 V O V L(7 CO N ( C) C) D C4 (O O (O O 3 O Lr) O 0 O LO N ) 3 ? 5 ? O V N O 1- CO O Co D N O LL N O (O CO ? N C LL 06 of O 0 0 0 0 0 0 0 0 0) M O O I- 0 0 0 O O O O O O V O 0 O (6 O (6 N 6 C6 Ln O I-- O NO,T -0O (B U O 0 I- LC) LC) L6 H ? m 00 O (7 ? _ O LL U O _0 _0 N C O m ? 1 :m LL (A U O O V LO 0 0 N N I-- 'F E 00 O O O O 0 0 0 0 0 0 0 0 0 ? z 0 0 0 0 0 0 0 0 0 (7 O + Q c O O E U) U > LU O N (6 C m ° Z E .N u) O ? E Of 06 U O - N Q' - o6 a (6 c- u) N E U' 0 ( 0 U Q O 0 N 0 6 N (6 N -O >, Cr C m ? J N C ' U i 7 0 D > LU O N o C ' , (6 (n o Q ly CO 6 U C E N (6 (6 CO LL CO C 0- -1 6?> 1 Item # 17 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/5/2010 Approve agreement for external auditing services for fiscal years ending September 30, 2010 through 2014 with audit firm of Kirkland, Russ, Murphy and Tapp, for a not-to-exceed amount of $666,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City employed Cherry, Bekaert and Holland, LLP for external auditing services for fiscal years ending September 30, 2005 through 2009. Per City Charter Article 11, Section 2.01(c) (3) the City cannot employ an external audit firm for more than five (5) consecutive years. The City solicited proposals for auditing services from qualified firms per RFP 16-10 issued May 11, 2010. Seven (7) firms provided proposals that were ranked by the City's Audit Committee, consisting of: Councilmember John Doran; citizen appointee, Herb McLachlan; and three City staff members: Laura Mahony, Assistant City Attorney; Robin Gomez, City Auditor; and Clem Vericker, Finance Manager. The committee completed a preliminary ranking of the proposals and four (4) firms were chosen as finalists for oral presentations and interviews: Kirkland, Russ, Murphy and Tapp; KPMG, LLP; Larson Allen, LLP; and Purvis Gray and Co. The committee rankings of proposals, reference checks, and oral interviews were weighted and combined per the RFP guidelines to arrive at a composite ranking for each firm. Kirkland, Russ, Murphy and Tapp emerged as the top-ranked firm. The proposed contract includes a fixed fee of $114,750 for the fiscal year 2010 audit, which represents a 19.8% decrease from the fiscal year 2009 audit fee of $143,000. Audit fees for fiscal years 2011 through 2014 will increase annually by an average of 3.0%, to a total of $128,400 for fiscal year 2014. Also included in the request is a 10% contingency for any significant changes in the scope of the audit due to new governmental accounting standards, federal grants, etc. The audit fee includes approximately $12,000 to be charged to HUD grant programs and $2,000 to be charged to the Community Redevelopment Agency for related auditing services. The remainder will be charged to the auditing services line item included in the Finance Department's budget. Funding has been provided in the fiscal years 2010 and 2011 budgets for the September 30, 2010 audit fees, and will be provided in future years, per the indicated budget line items. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: $29,000 $666,000 For Fiscal Year: 10/1/2009 to 9/30/2010 No Cover Memo Appropriation Code Amount Appropriation Comment Item # 18 0010-09821-530100-513- $29,000 FY2010 000-0000 Budget Adjustment: Annual Operating Cost: Total Cost: 0010-09821-530100-513- $567,000 FY2011 - FY2015 000-0000 0188-09311-530100-552- $10,000 FY2011 - FY2014 CRA 000-0000 0010-01510-530100-554- $60,000 FY2011 - FY2014 HUD Grant 000-0000 RFP Bid Required?: Yes Bid Number: 16- 10 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 8 AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, located at 112 S. Osceola Avenue, Clearwater, Florida 33756, hereinafter referred to as "City", and Kirkland, Russ, Murphy & Tapp, P.A., a firm of Certified Public Accountants, located at 13577 Feather Sound Drive, Suite 400, Clearwater, Florida 33762, hereinafter referred to as "Contractor"; WITNESSETH WHEREAS, the City is required by Article II, Section 2.01(c) (3) of the City Charter to provide for an annual audit of its financial accounts; and WHEREAS, the City participates in various Federal, State and County Assistance programs which require independent financial and compliance audits in accordance with rules established by the U.S. Department of Housing and Urban Development, Florida Auditor General, and other agencies; and WHEREAS, the Contractor is in the business of public accounting, is fully qualified to meet the requirements of applicable City, State and Federal law, and desires to perform the necessary services: NOW, THEREFORE, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. The "Auditor Services Documents" form the Auditor Services Agreement. The Auditor Services Documents consist of this Agreement between the City and the Contractor (hereinafter "Agreement") and it's attached Exhibits: City of Clearwater Request For Proposal for Professional Auditing Services, ("RFP 16-10") issued May 11, 2010 (Exhibit "A") ; Proposal to provide Professional Auditing Services to the City of Clearwater, Florida ("Proposal") submitted June 8, 2010 (Exhibit "B") ; Engagement Letter from Contractor to City confirming understanding of the services to be provided under the Agreement ("Engagement Letter") (Exhibit "C"); written modifications of the Agreement executed by the parties hereto, issued after execution of the Agreement. The Auditor Services Item # 18 1 Attachment number 1 Page 2 of 8 Documents shall not be construed to create a contractual relationship of any kind with any third party, including any third party service provider used by the Contractor in the fulfillment of its obligations under the Agreement. 3. This agreement relates specifically to the City's fiscal years ending September 30, 2010 thru 2014. This agreement may be terminated by the City on the basis of unsatisfactory performance, as determined by the City in its sole discretion, with written notice at least six months prior to the September 30 fiscal year-end, or by the contractor for reasons specified in the Engagement Letter which is hereby incorporated by reference and made a part hereof. City Charter Section 2.01(c)(3) currently prohibits any single audit firm from being employed for more than five consecutive years. The fees for subsequent years are fixed per this agreement and not expected to deviate from the amounts stated herein except for unanticipated significant changes in the scope of auditing services required by the City. 4. The Contractor shall review the City's comprehensive annual financial report for compliance with GAAP and the applicable requirements of the Certificate of Achievement for Excellence in Financial Reporting program of the Government Finance Officers Association and assist the City in complying with new or existing requirements. The Contractor shall, subject to the terms and conditions of the engagement letter, render a report on the fair presentation of the City's basic financial statements and all individual non-major fund financial statements, in conformity with generally accepted accounting principles, for the fiscal years ending September 30, 2010 thru 2014. The Contractor shall, subject to the terms and conditions of the engagement letter, render a report on the fair presentation of the City's combining and individual fund financial statements and schedules in conformity with generally accepted accounting principles. The Contractor is not required to audit the supplementary information contained in the comprehensive annual financial report, however, the Contractor shall provide an "in-relation-to" report on the supplementary information based on the audit procedures Item # 18 2 Attachment number 1 Page 3 of 8 applied during the audit of the basic financial statements and the combining and individual fund financial statements and schedules. The Contractor is not required to audit the statistical section of the report. The Contractor shall also perform the required financial and compliance audits associated with Federal, State, and County Assistance programs in accordance with the Federal Single Audit Act of 1984 as amended; U.S. Office of Management and Budget (OMB) Circular A-133; the provisions of the Florida Single Audit Act (Section 215.97 Florida Statutes); and rules of other agencies. 5. In performing the services described in #2 above, the Contractor shall comply with the following: generally accepted auditing standards standards set forth for financial audits in the U.S. General Accounting Office's (GAO) Government Auditing Standards provisions of the Federal Single Audit Act as amended U.S. Office of Management and Budget (OMB) Circular A- 133 Chapter 11.45 Florida Statutes the Rules of the Auditor General of the State of Florida, Chapters 10.550 and 10.600 Regulations of the State Department of Banking and Finance ° Audits of State and Local Governmental Units - AICPA As a part of the audit, the Contractor will consider the City's internal control structure, as required by generally accepted auditing standards and Government Auditing Standards. 6. Following completion of the audit, the Contractor shall, subject to the terms and conditions of the engagement letter, render the following reports: Item # 18 3 Attachment number 1 Page 4 of 8 A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. A report on the internal control structure based on the auditor's understanding of the control structure and assessment of control risk. A report on compliance with applicable laws and regulations, including those relating to funds received form a State of Florida grants and aid appropriation pursuant to a grant or contract. A report on the internal control structure used in administering federal assistance programs. A report on compliance with laws and regulations related to major and non-major federal financial assistance programs. A Management Letter as required by Section 10.554(1)(i) of the Rules of the Auditor General of the State of Florida. A report on compliance with general compliance requirements as required by the Single Audit Act and OMB Circular A-133. A report on compliance as required by the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General of the State of Florida. 7. In conjunction with City debt issuances, the Contractor will provide Consent Letters and Citations of Expertise and/or Comfort Letters at no additional cost to the City. 8. The Contractor shall retain all working papers for a minimum of five (5) years, unless notified in writing by the City of the need to extend the retention period. The Contractor shall make working papers available, upon request, to the following parties or their designees: ° City of Clearwater U.S. Department of Housing and Urban Development ° U.S. General Accounting Office (GAO) Parties designated by the federal or state governments or by the City of Clearwater as part of an audit quality review process Item # 18 4 Attachment number 1 Page 5 of 8 Auditors of entities of which the City of Clearwater is subrecipient of grant funds In addition the Contractor shall, providing all fees have been paid, respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. 9. The Contractor shall assist the City in scheduling the Comprehensive Annual Financial Report to be completed and issued no later than March 15th, succeeding each fiscal year. Contractor/City meetings will be held at least once per month until completion of this contract. Weekly status meetings shall be held while the Contractor is working at the City. The Contractor shall complete performance under this contract by March 31St succeeding each fiscal year. 10. The Contractor shall bill the City and the City shall pay the Contractor for the performance of the services under this contract on the basis of the Contractor's normal and customary charges for such services, plus ordinary out-of- pocket expenses customarily stated separately by the Contractor in his general practice. The total amount of this contract, including out-of-pocket expenses, shall not exceed: Fiscal 2010 $114,750 Fiscal 2011 $117,300 Fiscal 2012 $120,600 Fiscal 2013 $124,450 Fiscal 2014 $128,400 The City may, by amendment of this agreement, increase this maximum fee and/or extend the completion date upon the Contractor's showing evidence of conditions which require substantially more time than would generally be required to perform the prescribed services. Progress payments will be made periodically for work completed to date based on invoices submitted by the Contractor. The sum of such Item # 18 5 Attachment number 1 Page 6 of 8 progress payments shall not exceed ninety percent (900) of the maximum specified above. The final payment will be made within thirty (30) days of receipt of the final audit reports. Miscellaneous Provisions 11. Budget Allocations. The obligations of the parties are subject to appropriate budgeted funds being available in each budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted funds are not available in a subsequent fiscal year, this Agreement shall terminate on the last day of the fiscal year for which sufficient budgeted funds are available without penalty to either of the parties. 12. Record Retention. Documents related to this agreement may be construed as public record and shall be retained and provided as required by law. 13. Compliance With the Law. Both Parties shall comply with all federal, state, county, and local laws, regulations, and ordinances at all times. 14. Discrimination Prohibited. The Parties shall, during the performance of this agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. 15. Assignment. This agreement is not assignable. 16. Severabilitv. Should any section or part of any section of this Agreement be Item # 18 6 Attachment number 1 Page 7 of 8 rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable of any other section or any part of any section of this Agreement. 17. Amendments. This Agreement constitutes the entire Agreement between the Parties, and no change will be valid unless made by supplemental written agreement executed by both Parties. 18. Notices. All notices, requests, demands, or other communications required by law, or this Agreement shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, to: Jay Ravins, Asst. Finance Director City of Clearwater 100 South Myrtle Ave. Clearwater, Florida 33756 Laura Brock Kirkland, Russ, Murphy & Tapp 13577 Feather Sound Drive, Suite 400 Clearwater, Florida 33762 19. Non-Waiver. No act of omission or commission of either Party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. Item # 18 7 Attachment number 1 Page 8 of 8 20. Authority. Each Party to this Agreement represents and warrants to the other Party that (i) it is duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same and fully bind the Party on whose behalf they are executing. This Agreement is subject to approval by the Parties. 21. Governing Law. This Agreement shall be construed and enforced in accordance with Florida Law. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written: Countersigned: Frank V. Hibbard Mayor CITY OF CLEARWATER, FLORIDA By: Approved as to form and correctness: Pamela K. Akin City Attorney William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk Kirkland, Russ, Murphy & Tapp, P.A. By: Item # 18 8 Attachment number 2 Page 1 of 10 Mr. Jay Ravins City of Clearwater P.O. Box 4748 Clearwater, FL 33758 Dear Mr. Ravins: We are pleased to confirm our understanding of the services we are to provide the City of Clearwater (the City). We agree to meet the specific requirements as stated in a separate agreement dated July _, 2010. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of the City of Clearwater as of and for the fiscal year ended September 30, 2010. We will also audit the financial statements of each of the City's non-major governmental, non-major enterprise, internal service and fiduciary funds. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economiic, or Iiistorical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information- and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinionor provide- any assurance. The following RSl is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's discussion and analysis. 2) Pension and post-employment benefit disclosures Supplementary information other than RSl also accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: Item # 18 Attachment number 2 Page 2 of 10 Mr. Jay Ravins Page 2 of 7 1) Schedule of expenditures of federal awards and state financial assistance. 2) Combining and individual fund statements and schedules The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance. 1) Introductory section 2) Statistical section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on- Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Orgarii_-ations, the Florida Single audit Act, and Chapter 10.550, Rules of the Aaditor General. The reports on internal control and compliance will each include a statement that the report is intended solely for the information and use of the City Mayor, City Council Members, City Manager and City Management, the State of Florida Office of the Auditor General and applicable federal and state awarding agencies and is not intended to be anti should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular -A-133, and will include tests of accounting records, a determination of major program(s) in accordance with OMB Circular A-133, and other procedures we consider necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Item # 18 Attachment number 2 Page 3 of 10 Mr. Jay Ravins Page 3 of 7 Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is also responsible for identifying government award programs and understanding and complying with the compliance requirements, and for preparation of the schedule of expenditures of federal awards in accordance with the requirements of OMB Circular A-133. You are responsible for making all management decisions and performing all management functions relating to the financial statements, schedule of expenditures of federal awards, and related notes and for accepting full responsibility for such decisions. You are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met and that there is reasonable assurance that government programs are administered in compliance with compliance requirements. You are also responsible for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making- all financial records anti related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities also include identifying significant vendor relationships in which the vendor has responsibility for program compliance and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial - statements to correct material misstatements and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the a?ggrcgate, to thefinancial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the " fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the - government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review on November 1, 2010. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial statements. Item # 18 Attachment number 2 Page 4 of 10 Mr. Jay Ravins Page 4 of 7 Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriationof assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the , physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. Item # 18 Attachment number 2 Page 5 of 10 Mr. Jay Ravins Page 5 of 7 As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and OMB Circular A-133. Audit Procedures-Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overallcompliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Circular A-133 Compliance Supplement and related addenda for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of these procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. Engagement Administration, Fees, and Other We may from time to time, and dcpcrndimg on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and = safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the eventthat we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. Item # 18 Attachment number 2 Page 6 of 10 Mr. Jay Ravins Page 6 of 7 If applicable, we will provide copies of our report for you to include with the reporting package you will submit to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. The audit documentation for this engagement is the property of Kirkland, Russ, Murphy & Tapp, P.A. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to your cognizant agent or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, _ or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Kirkland, Russ, Murphy & Tapp, P.A. personnel. Furthermore, upon request, we may provide copies of selected audit documentation" to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release or for any additional period requested by the cognizant agent. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We will meet with you after finalization of the engagement `letter and contract to determine an approximate start date and will issue our reports no later than February 28, 2011. Laura Krueger Brock is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that out- gross fee, including expenses, will not exceed $114,750 for the fiscal year 2010 audit. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit Our invoices for these fees will be rendered each month as follows and are payable on presentation. August 10% $11,475 September 10% $11,475 October 10% $11,475 November 10%% $11,475 December 10% $11,475 January 20% $22,950 February 20% $22,950 Upon delivery of final reports 10% $11,475 100% 114 750 Item # 18 Attachment number 2 Page 7 of 10 Mr. Jay Ravins Page 7 of 7 In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2008 peer review -report and letter of comment accompanies this letter. We appreciate the opportunity to be of service to the City of Clearwater and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Laura Krueger Brock - RESPONSE: This letter correctly sets forth the unclcrstanding of the City of Clearwater. By: Title: Date: Item # 18 Attachment number 2 Page 8 of 10 NATHERSON & COMPANY, P.A. Certified Public Accountants 1801 Glengary Street Sarasota, Florida 34231 (941) 923-1881 Fax 923-0065 544 Bay Isles Road Longboat Key, Florida 34228 (941) 387-8555 December 2, 2008 To the Shareholders of Kirkland, Russ, Murphy & Tapp, P.A. and the Center for Public Company Audit Firms Peer Review Committee Members American Institute of Certified Public Accountants Florida Institute of Certified Public Accountants Russell S. Natherson, C.P.A. Patrick L. Gallagher, C.P.A. Russell E. Natherson, C.P.A. Randall L. Natherson, C.P.A. Eileen A. Sarris, C.P.A. We have reviewed the system of quality control for the accounting and auditing practice of Kirkland, Russ, Murphy & Tapp, P.A. (the firm) applicable to non-SEC issuers in effect for the year ended May 31, 2008. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non-SEC issuers of Kirkland, Russ, Murphy & Tapp, P.A. in effect for the year ended May 31, 2008, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the firm with reasonable assurance of complying with applicable professional standards. 1?4?Z?. 1 /6x?7) R A 4 Item # 18 Attachment number 2 Page 9 of 10 Attachment to the Peer Review Report of Kirkland, Russ, Murphy & Tapp, P.A. Description of the Peer Review Process Overview Firms enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review Program have their system of quality control periodically reviewed by independent peers. These reviews are system and compliance oriented with the objectives of evaluating whether: The reviewed firm's system of quality control for its accounting and auditing practice applicable to non-SEC issuers has been designed to meet the requirements of the Quality Control Standards established by the AICPA. The reviewed firm's quality control policies and procedures applicable to non-SEC issuers were being complied with to provide the firm with reasonable assurance of complying with professional standards. A peer review is based on selective tests and directed at assessing whether the design of and compliance with the firm's system of quality control for its accounting and auditing practice applicable to non-SEC issuers provides the firm with reasonable, not absolute, assurance of complying with professional standards. Consequently a peer review on the firm's system of quality control is not intended to, and does not, provide assurance with respect to any individual engagement conducted by the firm or that none of-the financial statements audited by the firm should be restated. The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At regular meetings and through report evaluation task forces, the PRC considers each peer review, evaluates the reviewer's competence and performance, and examines every report, letter of comments, and accompanying response from the reviewed firm that states its corrective action plan before the peer review is finalized. The Center's staff plays a key role in overseeing the performance of peer reviews working closely with the peer review teams and the PRC. Once the PRC accepts the peer review reports, letters of comments, and reviewed firms' responses, these documents are maintained in a file available to the public. In some situations, the public file also includes a signed undertaking by the firm agreeing to specific follow-up action requested by the PRC. Firms that perform audits or play a substantial role in the audit of one or more SEC issuers, as defined by the Public Company Accounting Oversight Board (PCAOB), are required to be registered with and have their accounting and auditing practice applicable to SEC issuers inspected by the PCAOB. Therefore, we did not review the firm's accounting and auditing practice applicable to SEC issuers. Item # 18 Attachment number 2 Page 10 of 10 Attachment to the Peer Review Report of Kirkland, Russ, Murphy & Tapp, P.A. Description of the Peer Review Process - Continued Planning the Review for the Firm's Accounting and Auditing Practice Applicable to Non-SEC Issuers To plan the review of Kirkland, Russ, Murphy & Tapp, P.A., we obtained an understanding of (1) the nature and extent of the firm's accounting and auditing practice, and (2) the design of the firm's system of quality control sufficient to assess the inherent and control risks implicit in its practice. Inherent risks were assessed by obtaining an understanding of the firm's practice, such as the industries of its clients and other factors of complexity in serving those clients, and the organization of the firm's personnel into practice units. Control risks were assessed by obtaining an understanding of the design of the firm's system of quality control, including its audit methodology, and monitoring procedures. Assessing control risk is the process of evaluating the effectiveness of the reviewed firm's system of quality control in preventing the performance of engagements that do not comply with professional standards. Performing the Review for the Firm's Accounting and Auditing Practice Applicable to Non-SEC Issuers Based on our assessment of the combined level of inherent and control risks, we selected engagements to test for compliance with the firm's system of quality control. The engagements selected for review included audits of Employee Benefit Plans. The engagements selected for review represented a cross-section of the firm's accounting and auditing practice with emphasis on higher-risk engagements. The engagement reviews included examining working paper files and reports and interviewing engagement personnel. The scope of the peer review also included examining selected administrative and personnel files to determine compliance with the firm's policies and procedures for the elements of quality control pertaining to independence, integrity, and objectivity; personnel management; and acceptance and continuance of clients and engagements. Prior to concluding the review, we reassessed the adequacy of scope and conducted a meeting with firm management to discuss our findings and recommendations. Item # 18 Attachment number 3 Page 1 of 15 Request for Auditing Services City of Clearwater RFP 16-10 CITY OF CLEARWATER REQUEST FOR PROPOSAL PROFESSIONAL AUDITING SERVICES RFP 16-10 Issued By: Purchasing Department Municipal Services Building, 3rd Floor 100 S. Myrtle Avenue Clearwater, Florida 33756-5520 (727) 562-4634 (727) 562-4635 FAX Date of Issue: May 11, 2010 Due Date/Time for Receipt of Proposals: June 8, 2010 @ 4:00 PM Item # 18 Attachment number 3 Page 2 of 15 Request for Auditing Services City of Clearwater RFP 16-10 REQUEST FOR PROPOSAL FOR PROFESSIONAL AUDITING SERVICES FOR THE CITY OF CLEAR WA TER, FLORIDA 1. INTRODUCTION A. Purpose The City of Clearwater is seeking proposals from qualified firms of certified public accountants to audit the financial statements of the City of Clearwater, Florida (the City) for the fiscal years ending September 30, 2010, 2011, 2012, 2013, and 2014. The audit agreement is subject to annual approval by the City with grounds for termination including poor performance, not adhering to time schedules, and excessive fee increases. The City will select and negotiate with the firm whose proposal is most responsive to this Request for Proposal (RFP) and in the best interest of the City. Proposals submitted in response to the RFP must provide sufficient detail and information to complete an evaluation of their merit. The instructions contained herein must be followed to be considered responsive to the RFP. The City reserves the right to reject any or all responses. B. Calendar of Events The City will utilize the following time table with the goal of selection. This schedule may be altered as necessary at the City's discretion. May 11, 2010 Release Date June 8, 2010 RFP opening, 4:00 PM, 100 S. Myrtle Ave, Clearwater, 33756 June 17, 2010 Preliminary ranking completed (Audit Committee) June 29, 2010 Presentations by firms selected as finalists, if needed August 5, 2010 Audit Committee recommendation for Council approval Item # 18 Attachment number 3 Page 3 of 15 Request for Auditing Services City of Clearwater RFP 16-10 C. Proposal Delivery Eight (8) proposal copies shall be delivered to the City of Clearwater, Purchasing Manager, 100 S. Myrtle Avenue, Clearwater, Florida 33756-5520, prior to opening time of 4:00 PM, EDT, on June 8, 2010. The delivery of proposals to the City of Clearwater Purchasing Office prior to the specified date and time is solely and strictly the responsibility of the proposing firm. The City shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or for other delays. All responses must be manually and duly signed by an authorized corporate officer, principal, or partner with the authority to bind said firm. All responses must be marked on the outside: "Request to provide Auditing Services for the City of Clearwater, Florida To be opened at 4:00 PM, EDT, June 8, 2010" Each proposer is solely responsible for reading and completely understanding the requirements of this RFP. The opening time shall be and must be scrupulously observed. Under no circumstances will proposals delivered after the specified delivery time be considered. Late submissions shall be returned unopened to the firm with the notation: "The proposal was received after the delivery time designated for the receipt and opening of the proposals". All proposals shall be prepared and submitted in accordance with the provisions of this RFP. However, the City may waive any informalities, irregularities, or variances, whether technical or substantial in nature, or reject any and all proposals at its discretion. Any proposal may be withdrawn prior to the indicated time for opening of proposals or authorized postponement thereof. No firm may withdraw a proposal within ninety (90) days after the actual date of the proposal's opening. D. Ranking of RFP's Proposal ranking results will be announced and all responses shall be a matter of public record. Criteria for evaluation are set forth in this document. These criteria will be used by the City to determine, in its judgment, the proposal it deems to be in its best interest. Negotiations will proceed, if at all, with the responsible ranked firm whose proposal is determined by the City to be in its best interest. Offerors may be required to make presentations. The City reserves the right to reject any or all responses with or without cause. Item # 18 Attachment number 3 Page 4 of 15 Request for Auditing Services City of Clearwater RFP 16-10 II. SERVICES REQUIRED A. Scope of Services • Express opinion on the fair presentation of the City's basic financial statements in conformity with U.S. generally accepted accounting principles no later than February 28th annually. • Express opinion on the fair presentation of City's individual non-major governmental, non-major enterprise, internal service and fiduciary funds financial statements, including any budgetary comparisons presented as basic financial statements, in conformity with U.S. generally accepted accounting principles, no later than February 28th annually. Provide an "in-relation-to" opinion on the supporting schedules of federal and state financial assistance. • Perform certain limited procedures involving required supplementary information as mandated by generally accepted auditing standards. • Provide a report on internal controls over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with government auditing standards. • Provide a report on compliance with requirements applicable to each major Federal program and state project and on internal control over compliance in accordance with OMB Circular A-133; Chapter 10.550, Rules of the Auditor General of the State of Florida; and the Florida Department of Financial Services State Projects Compliance Supplement. • Provide a schedule of findings and questioned costs as mandated by the Single Audit Act Amendments of 1996, OMB Circular A-133, and the Florida Single Audit Act. • Provide any other reports required by the Federal and State Single Audit Acts. • Provide a Management Letter as required by Section 10.554(1)(i) of the Rules of the Auditor General of the State of Florida including all required disclosures. B. Auditing Standards The audit shall be performed in accordance with: • Generally accepted auditing standards (GARS) as set forth by the American Institute of Certified Public Accountants. • Government Auditing Standards issued by the Comptroller General of the United States. • OMB Circular A-133, Audits of State and Local Governments • Federal Single Audit Act Amendments of 1996; Florida Single Audit Act; Section 215.97, Florida Statutes Item # 18 Attachment number 3 Page 5 of 15 Request for Auditing Services City of Clearwater RFP 16-10 • Chapter 10.550 and 10.600, Rules of the Auditor General • Chapter 11.45, Florida Statutes • State of Florida Department of Banking and Finance Regulations • Audits of State and Local Governmental Units (Revised) - AICPA • Any other applicable federal, state and local laws, regulations, or professional guidance not specifically listed above as well as any additional requirements which may be adopted by these organizations in the future. C. Assistance to be provided to the Auditor • The City of Clearwater will prepare draft financial statements, notes, and all required supplementary schedules and statistical data, including the Schedule of Expenditures of Federal Awards and State Financial Assistance. • Finance staff and responsible management personnel will be available during the audit to assist the firm in providing additional information, documentation, and explanations. City of Clearwater EDP personnel will be available to provide systems documentation and explanations. • The preparation of confirmations shall be the responsibility of the City of Clearwater as directed by the auditor. • The City's Assistant Finance Director, or designee, will act as coordinator for the audit and will be the primary contact for assistance to be provided to the auditor by the City. • The City will provide reasonable work space, tables, chairs, computer access, telephone access, photocopying facilities, and facsimile services for the on-site audit staff, to be used solely for the audit of the City. • CAFR preparation and printing shall be the responsibility of the City. D. Special Considerations • The City requires that auditors opine at the fund level across all funds, including non-major funds. • The City has received the Certificate of Achievement for Excellence in Financial Reporting for the past thirty consecutive years and will continue to submit its comprehensive annual financial report (CAFR) to the Government Finance Officers Association for review via its Certificate of Achievement for Excellence in Financial Reporting program. It is expected that the auditor will assist in the review of the report for compliance with the requirements of that program prior to submission. • The City currently anticipates it will prepare one or more official statements in connection with the sale of debt securities which will contain the general purpose financial statements and the auditor's reports thereon. The auditor shall be required, if requested by the City, to issue a "consent and citation of expertise" as the auditor along with any necessary "comfort letters" at no additional cost to the City. Item # 18 Attachment number 3 Page 6 of 15 Request for Auditing Services City of Clearwater RFP 16-10 • The City has determined that the U.S. Department of Housing and Urban Development will function as the cognizant agency in accordance with the provisions of the Single Audit Act Amended of 1996 and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments. • The Schedule of Expenditures of Federal and State Awards and the related auditor's report, as well as the related reports on compliance and internal control, and the management letter are to be issued as part of the CAFR. • The auditor will assist the City in complying with changes in reporting requirements to remain in conformity with generally accepted accounting principles. • The auditors shall be required to issue an immediate written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Manager, the Audit Committee and/or the City Council, as appropriate. • The auditor shall submit a signed audit report on the fair presentation of the financial statements in conformity with generally accepted accounting principles no later than February 28th annually, along with the required reports on internal controls and compliance with laws and regulations. E. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of the need to extend the retention period; except grant-related working papers will be retained for ten (10) years. The auditor will be required to make working papers available, upon request, to the following parties or their designees: • City of Clearwater • U.S. Department of Housing and Urban Development • U.S. General Accounting Office (GAO) • Parties designated by the federal or state governments or by the City as part of an audit quality review process. • Auditors of entities of which the City of Clearwater is a sub-recipient of grant funds. • In addition the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF GOVERNMENT Background Information: The City of Clearwater serves an area of approximately 26 square miles with a population of approximately 110,000. The City's fiscal year begins October Ist and ends September 301h. The City of Clearwater provides the following services to its citizens: 0 Police and fire protection Item # 18 Attachment number 3 Page 7 of 15 Request for Auditing Services City of Clearwater RFP 16-10 • Construction and maintenance of streets, bridges, sidewalks, storm drainage, public parks, and recreational facilities • City planning, zoning, subdivision and building code regulation and enforcement • Supervised recreation programs • Public libraries • Redevelopment of declining commercial and residential neighborhoods • Refuse and trash collection • Comprehensive recycling program • Natural gas distribution • Water supply and distribution • Storm and waste water collection, treatment, and disposal • Parking system • Marina, downtown boat slips, and beach fishing pier • Executive airpark More detailed information on the government and its finances can be found in the annual budget and comprehensive annual financial report documents. These documents are available for review at the City's website: http://Www.myClearwater.com/ (Office of Management & Budget and Finance Department documents). Pension Plans The City of Clearwater participates in the following retirement plans: Single Employer Defined Defined Plan Benefit Contribution Clearwater Employees' X Clearwater Firefighters' Relief X Firefighters' Supplemental (Ch. 175) X Police Officers' Supplemental (Ch. 185) X Management (401 a) X The actuarial services for the Clearwater Employees' and Clearwater Firefighters' Relief pension plans are currently provided by Gabriel Roeder Smith & Company and Mouton & Company, respectively. Deferred Compensation plans The City offers its employees a deferred compensation plan adopted under Internal Revenue Code Section 457. Insurance The City is self-insured within certain parameters for losses arising from claims for property damage, general liability, auto liability and physical damage and workers' compensation. The City's current actuary for the self-insurance program is AMI Risk Consultants, Inc. Component Unit Item # 18 Attachment number 3 Page 8 of 15 Request for Auditing Services City of Clearwater RFP 16-10 Clearwater Redevelopment Agency (CRA) - a blended component unit, is presented as a non- major special revenue fund in the City's comprehensive annual financial report. Separate financial statements are not available for the CRA. IV. TECHNICAL REQUIREMENTS A. To assure consistency, proposals must conform to the following format: • Title Page - List the RFP subject, the name of the firm, local address, telephone number, name of contact person, and the date. • Table of Contents Include a clear identification of the material included in the proposal by page number. • Transmittal Letter Briefly state the proposer's understanding of the work to be done (including audit opinion at the individual fund level), the commitment to perform the work within the required time period, a statement why the firm believes itself to be the best-qualified to perform the engagement, and a statement that the proposal is a firm and irrevocable offer for 90 days. • Detailed Proposal See below for description B. Detail Proposal General Requirements The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity of the firms seeking to undertake an independent audit of the City of Clearwater in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The technical proposal should demonstrate the qualifications and experience of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements. Cost proposals for services are requested as part of the response. The fees quoted should include a breakdown of anticipated hours and rates of the various classes of personnel to be assigned. Fees should be quoted for each of the five (5) years of the audit engagement. Qualified firms will be identified and ranked on the basis of qualifications, competence, and capacity of the firms as demonstrated by the RFP response, and oral interviews if necessary. Cost of services will be of secondary importance in evaluating qualified firms. The technical proposal should address all points outlined in the RFP. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capability to satisfy the requirements of the RFP. While additional data may be presented, the following subjects, items I through 10, must be included. They represent the primary criteria against which the proposal will be evaluated. Item # 18 Attachment number 3 Page 9 of 15 Request for Auditing Services City of Clearwater RFP 16-10 1. Independence The firm should provide an affirmative statement that it is independent of the City of Clearwater as defined by generally accepted auditing standards and the U.S. General Accounting Office's Government Auditing Standards. The firm should also provide an affirmative statement that it is independent of all potential component units of the City of Clearwater as defined by those same standards. The firm should list and describe the firm's (or proposed subcontractors') professional relationships involving the City of Clearwater or any of its actual or potential component units for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the audit. In addition, the firm shall provide the City of Clearwater timely written notice of any professional relationships involving the City or component units which the firm enters into during the period of this agreement. 2. License to Practice in Florida An affirmative statement should be included indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. 3. Insurance Requirements An affirmative statement should be included indicating that the firm can and will comply with the insurance requirements as enumerated in this RFP. 4. Firm Qualifications and Experience The proposal should indicate the total number of employees of the firm, the number of employees considered to be governmental audit staff, the location of the office from which the work on this engagement is to be performed, the number and nature of the professional staff to be employed in this engagement on a full-time basis, and the number and nature of the staff to be employed on a part-time basis. If the proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm is also required to submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific governmental engagements. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary actions taken or pending against the firm during the past three years with the state regulatory bodies or professional organizations. Item # 18 Attachment number 3 Page 10 of 15 Request for Auditing Services City of Clearwater RFP 16-10 5. Partners, Supervisory, and Staff Qualifications and Experience The firm should identify the principal supervisory and management staff, including engagement partners, managers, single audit staff, and other supervisors and specialists, who would be assigned to the engagement and indicate whether each such person is licensed to practice as a certified public accountant in Florida. The firm also should provide information on the governmental auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. The firm should provide as much information as possible regarding the number, qualifications, experience, and training, including relevant continuing professional education, of the specified staff to be assigned to this engagement. The firm should indicate how the quality of staff over the term of the agreement will be assured. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted, or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City of Clearwater, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially equivalent or better qualifications and experience. 6. Prior Engagements with Other Governmental Entities The firm should list separately all engagements within the last five (5) years for other Governmental entities, by type of engagement (i.e. audit, management advisory services, other). For each engagement, the firm should indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and current telephone number of the principal client contact. 7. Similar Engagements with Other Governmental Entities For the firm's office that will be assigned responsibility for the audit, list the five (5) most significant engagements performed in the last five (5) years that are similar to the engagement described in this request for proposal. Indicate the scope of work, date, engagement partners, total hours, managers, specialists, and the name and telephone number of the principal client contact. 8. Audit Approach The proposal should set forth a general work plan, including an explanation of the audit methodology to be followed. Proposers will be required to provide the following information regarding their audit approach: a. Proposed segmentation of the engagement b. Level of staff and percentage of hours to be assigned to each proposed segment of the engagement Item # 18 Attachment number 3 Page 11 of 15 Request for Auditing Services City of Clearwater RFP 16-10 c. Extent of EDP software use in the engagement d. Approach to be taken to gain and document an understanding of the City of Clearwater's internal control structure e. Approach to be taken in determining laws and regulations subject to audit test work f. Sample sizes and the extent to which statistical sampling is to be used in the engagement g. Type and extent of analytical procedures to be used in the engagement h. Approach to be taken in drawing audit samples for purposes of tests of compliance 9. Identification of Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving, and any special assistance that will be requested from the city. 10. Cost Proposal The cost proposal should contain all pricing information relative to performing the audit engagement as described in this request for proposals. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs, including all out-of-pocket expenses. The cost proposal should include a total all-inclusive Maximum Price for each of the 2010, 2011, 2012, 2013, and 2104 engagements, along with the signature of an individual empowered to represent the firm and sign a contract with the City. Progress payments will be made on the basis of hours of work completed during the course of the engagement in accordance with an agreement reached during contracted negotiations. Interim billings shall cover a period of not less than a calendar month. Twenty percent (20%) of the total annual contract will be retained pending delivery and acceptance of the firm's final reports. All out-of-pocket expenses are to be included in the total all-inclusive maximum price and any out-of-pocket expense reimbursements will be charged against the total all-inclusive maximum price submitted by the firm. V. EVALUATION OF PROPOSALS An Audit Committee has been appointed by the City Council to review and evaluate all proposals submitted in response to this Request for Proposal (RFP). The Audit Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in the RFP. The Audit Committee will first review each proposal for compliance with the minimum qualifications and mandatory requirements of the RFP. Failure to comply with any mandatory requirements may disqualify a proposal. Item # 18 Attachment number 3 Page 12 of 15 Request for Auditing Services City of Clearwater RFP 16-10 Proposals will be evaluated on the following criteria: Mandatory Elements: I. The audit firm is independent and licensed to practice in the State of Florida. 2. The audit firm's professional personnel have received adequate continuing professional education within the preceding two years. 3. The firm has no conflict of interest with regard to any other work performed by the firm for the City of Clearwater. 4. The firm submits a copy of its most recent external quality control review report and the firm has a record of quality audit work. 5. The firm submits a cost proposal per the proposal requirements, including an all-inclusive maximum price for each of the five (5) years of the contract period. 6. The firm adheres to the instructions in this RFP for preparation and submission of the proposal. Technical Qualifications: 1. Expertise and Experience (Maximum Points - 40) A. The firm's past experience and performance on government engagements of comparable size and complexity. B. The quality and experience of the firm's professional auditing personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. C. The quality and experience of the firm's professional EDP auditing personnel assigned to the engagement. D. The quality and experience of the firm's professional auditing personnel assigned to perform the Single Audit. 2. Audit Approach (Maximum Points - 25) A. Adequacy of proposed staffing plan for various segments of the engagement. B. Adequacy of the general audit plan for the overall engagement. C. Adequacy of the audit plan for the EDP function. D. Adequacy of the audit plan for the Single Audit. E. Completeness of the response to the RFP F. Competitiveness of fee structure 3. Responses of references (Maximum Points - 10) Upon completion of the Audit Committee's rankings of proposals, top-ranked firms may be required to make oral presentations. If oral presentations are required, a maximum additional Item # 18 Attachment number 3 Page 13 of 15 Request for Auditing Services City of Clearwater RFP 16-10 score of 25 points will be assigned to the oral presentation in arriving at a total composite score for each proposal. VI. INSURANCE REQUIREMENTS The Vendor's insurance coverage shall include General Liability, Automobile Liability, Professional Liability, and Workers' Compensation and Employer Liability. General Liability The Vendor (contractor) shall furnish, pay for, and maintain during the life of this contract, such general liability insurance to protect the City, the Contractor, an any of his/her sub-contractors who may be performing any work under the terms and provisions of this contract from claims for damages or bodily injury, including accidental death, as well as from claims for this contract whether such operations as may be performed by the Vendor or by any sub-contractor or by any other parry directly or indirectly employed by either the Vendor or the sub-contractor. The General Liability shall be the Comprehensive form including the categories of. Premises and Operations, Underground and Collapse Hazard, Products and Completed Operations, Contractual, Independent Vendors, Broad Form Property Damage, and Personal Injury in the minimum amounts of $1,000,000 for combined Bodily Injury and Property Damage. The Proposer's comprehensive general liability policy shall include contractual liability on a blanket or specific basis to cover this indemnification. Automobile Liability The Vendor shall maintain, for the life of the contract, Business Automobile Liability Insurance, if applicable. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Policies of the Insurance Services Office (ISO). Professional Liability The Vendor shall procure and maintain for the life of this contract, Professional Liability Insurance. This insurance shall provide coverage against such liability resulting from this contract/project. The minimum limits of coverage shall be $1,000,000 per occurrence with deductible or self-insured retention (SIR) indicated. Worker' Compensation and Employer Liability The Worker's Compensation and Employer Liability shall be in conformance with current State of Florida Statutory requirements. Proof of Insurance: The contractor shall furnish the City with satisfactory proof of coverage of all insurance required by this RFP prior to commencing any work under this contract. The Certificate of Insurance shall show the City of Clearwater as an additional insured party to the Vendor and shall show that all sub-contractors or any other parry directly or indirectly employed by either the Vendor or the sub-contractor as additional insured parry(s). The City shall be notified a Item # 18 Attachment number 3 Page 14 of 15 Request for Auditing Services City of Clearwater RFP 16-10 minimum of thirty (30) days prior to any cancellation of policy which may occur prior to the policy expiration date contained on the Certificate of Insurance. Other Provisions: Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. Insurance coverage shall be written by a company licensed to do business in the State of Florida and satisfactory to the City. The Vendor shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments, and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the Vendor, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Vendor acknowledges that it is solely responsible for complying with the terms of this RFP. In addition, the Vendor shall, at its expense, secure and provide to City, prior to beginning performance under this RFP, insurance coverage as required in this RFP. VII. OTHER RFP PROCEDURES AND TERMS A. Where and How to Deliver Inquiries: Questions to be submitted to Mr. George McKibben, Purchasing Manager, City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758-4748, or George.McKibben@myclearwater.com. B. How RFP Addenda Will Be Communicated: The City shall not be responsible for oral interpretations given by any City employee, representative, or others. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information may be given. If any addenda are issued to this RFP, the City will attempt to notify all prospective firms who have secured same. However, it shall be the responsibility of each firm, prior to submitting the proposal, to contact the City of Clearwater's Purchasing Manager (727-562-4634) to determine if addenda were issued and to make such addenda a part of the proposal. C. General Terms: The winning vendor may be rejected as the primary selection if that vendor cannot successfully negotiate the contract with the City to the satisfaction of the City. D. Appropriations Clause: The City, as an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, the City shall thereafter be released of all terms and other conditions. E. Right To Protest: Item # 18 Attachment number 3 Page 15 of 15 Request for Auditing Services City of Clearwater RFP 16-10 Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints by contacting the Purchasing Manager. F. No Corrections: Once a competitive proposal is submitted, the City shall not accept any request by any proposer to correct errors or omissions in any calculations or competitive price submitted. G. Openness of Procurement Process: Written competitive proposals, other submissions, correspondence, and all records made thereof, as well as, negotiations conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of any proposal once submitted. H. No Collusion: By offering a submission to the RFP, the proposer certifies the proposer has not divulged to, discussed or compared his/her competitive proposal with other proposers and has not colluded with any other proposer or parties to this competitive proposal whatsoever. 1. Informality Waiver / Rejection of Bids: The City reserves the right to reject any or all responses and to waive any irregularity, variance or informality whether technical or substantial in nature, in keeping with the best interests of the City. Item # 18 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Addendum to the Agent of Record Agreement between the City of Clearwater and Gehring Group, Inc., providing for additional services to be included in the scope of services described in the initial Agent of Record Agreement dated May 2, 2001 and the Renewal of Agent of Record Agreement dated April 26, 2006. (consent) SUMMARY: The City has contracted with Gehring Group to serve as Agent of Record providing consulting services related to City health insurance and other benefits since 2001. Over that time, the scope of services provided by Gehring Group has expanded to include numerous additional services, with no increase in the commission fee structure between Gehring Group and City insurance providers. This Addendum codifies the following services to be included in the scope of services provided by Gehring Group to the City of Clearwater: Provide bid, evaluation, development, implementation, and cost and savings analysis services related to on-site medical clinic operations. Provide Deferred Compensation Plan Review services. Provide Human Resources Information, including Health Care Reform updates, through client-only internet access to my.gehringgroup.com Client Portal service. The Addendum will be effective for a two-year period commencing October 1, 2010 and ending September 30, 2012, with automatic renewal thereafter unless terminated in writing by either party 30 days prior to the expiration date. Review Approval: 1) Legal 2) Human Resources 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 26 RENEWAL OF AGENT OF RECORD AGREEMENT This AGREEMENT made this -o V___ day of 2006, by and between the City of k Clearwater, Florida (City), a Florida municipal corporation, P. O. Box 4746, Clearwater, Florida 36758-4748, and the Gehring Group (AOR), a Florida corporation, 1645 Palm Beach Lakes Boulevard, Suite 480, West Palm Beach, Florida 33401. WHEREAS, City and AOR have previously executed an Agent of Record Agreement on May 2, 2001, a copy of which is attached hereto as Exhibit "A'"; and WHEREAS, the original Agent of Record Agreement expired on September 30, 2002; and WHEREAS, City and AOR both desire for AOR to continue to provide agent of record services for employee benefits as described in the Scope of Services, attached hereto as Exhibit "B"; and WHEREAS, City and AOR both desire to renew the original Agent of Record of Agreement for a two-year period and subsequently to automatically renew said Agreement absent termination by either party; NOW THEREFORE, and in consideration of the promises and the mutual covenants herein contained, the parties hereto agree as fellows: 9. TIME OF PERFORMANCE. This agreement shall be renewed for a renewal period, as provided for in Paragraph 2. of Exhibit °A"said period to commence on October 1, 2002, and running through September 30, 2004. This agreement will thereafter be automatically renewed for successive one-year terms unless terminated in writing by City or AOR at least thirty calendar days prior to the annual expiration date [September 301. All remaining terms and conditions of the original Agent of Record Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this agreement. Item # 19 Attachment number 1 Page 2 of 26 1 All terms and conditions of the Scope of Services are incorporated herein by reference and shall continue in null force and effect through the remaining term of this agreement. IN WITLESS WHEREOF, the City and AOR, have executed this Renewal of Agent of Record Agreement on the date first above written. Countersigned: By: -IL William 8, Horne, 11 City Manager latest CITY OF CLEARWATER, FLORIDA Approved as to form: Leslie K. Dougall S' s _ Assistant City Attorney Cyriia E. Goudeau City` lerk 2. GEHRING GROUP Print Lame: Kurt Gehring Its: PresidentlCEO Item # 19 Attachment number 1 Page 3 of 26 RENEWAL F AGENT OF RECORD AGREEMENT This AGREEMENT made this day of J90-1 2003, by and between the City of Clearwater, Florida (City), a. Florida municipal corporation, P. O. Box 4748, Clearwater, Florida 33758.4748, and the Gehring Group (,SCR), a Florida corporation, 1645 Palm Beach Lakes Boulevard, Suite 480, West Palm Beach, Florida 33401. WHEREAS, City and AOR have previously executed an Agent of Record Agreement on May , 2001, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, the original Agent of Record Agreement expired on September 30, 2002; and WHEREAS, City and AOR both desire for AOR to continue to provide agent of record services for employee benefits as described in the Scope of Services, attached hereto as Exhibit "B°; and WHEREAS, City and AOR both desire to renew the original Agent of Record of Agreement for a two-year period. NOW THEREFORE, and in consideration of the promises and the mutual covenants herein contained, the parties hereto agree as follows: 1, TIME OF PERFORMANCE. This agreement shall be renewed for renewal period, as provided for in Paragraph 2. of Exhibit "X, said period to commence on October 1, 2002, and running through September 30, 2004. This agreement will thereafter be renewable at the City's discretion for one additional two-year period. 2. All remaining terms and conditions of the original Agent of Record Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this agreement. Item # 19 Attachment number 1 Page 4 of 26 3. All terms and conditions of the Scope of Services are incorpgrated herein by reference and shall continue in full force and effect through the remaining term of this agreement. IN WITNESS WHEREt?i=, the City and AOR, have executed this Renewal of Agent of Record Agreement on the date first above written. Countersigned: ' CITY OF CL RWAT R, FLORIDA Cy E. Goudeau a lark 2 Item # 19 Attachment number 1 Page 5 of 26 AGENT F RECORD AGREEMENT This AGREEMENT made this 1st day of May 2001, by and between the City of Clearwater, Florida (City), a Florida municipal corporation, P. Q. Box 4748, Clearwater, Florida 38758-4748, and the Gehring Group (AOR), a Florida corporation, 1648 Palm Beach Lakes Boulevard, Suite 480, West Palm Beach, Florida 33401. WHEREAS, City desires to have AOR provide agent of record services for employee benefits as described in Exhibit "A," attached hereto. WHEREAS, AOR agrees to provide the agent of record services described in Exhibit "A," under the terms and conditions of this Agreement; NOW THEREFORE, the City and AOR do hereby incorporate all terms and conditions in Exhibit "A" and mutually agree as follows: 1. SCOPE F PROJECT. AOR agrees to provide agent of record administration services under the terms and conditions described in Exhibit "A". 2. TIME F PERFORMANCE. This contract commences on May 1, 2001, and will be effective until September 30, 2002. This contract will be renewable at the City's discretion for two-year periods after the initial contract expires.. 3. REPORTS. AOR agrees to provide to City reports on the Project upon request by the City. 4. COMPENSATION. All compensation to the AOR will be provided by the service provider by separate agreement between same provider and AOR. There will be no cost to the City and City will not be billed for any services outlined in the Exhibit "A". The Gehring Group will provide a report on the commissions received on a quarterly basis or as requested by the City. The City may, from time to time, require changes in the scope of the project of AOR to be performed hereunder. Such changes, including any increase or decrease in the-amount of AOR's compensation and changes in the terms of this Agreement Item # 19 Attachment number 1 Page 6 of 26 which are mutually agreed upon by and between City and AOR shall be effective when incorporated in written amendment to this Agreement. . METHOD OF PAYMENT. AOR shall receive compensation directly from the benefits products for which it receives commissions. 6. CONTACTS FOR RESPONSIBILITY. Kurt Gehring will be designated as Project Director for this project by AOR to manage and supervise the performance of this Agreement on behalf of AOR. City can terminate if Kurt Gehring is no longer Project Director for AOR. Associated with the Project Director will be staff: members whose experience and qualifications are appropriate for this Project. The City will be represented by Paul O'Rourke, or his designee: for all matters relating to this Agreement. 7. TERMINATION OF CONTRACT. The City, at its sale discretion, may terminate this contract by giving AOR ten (10) days' written notice of its election to do so and by specifying the effective date of such termination. The AOR shall be paid for its services through the effective date of such termination. Further, if AOR shall fall to fulfill any of its obligations hereunder, this contract shall be in default, the City may terminate the contract, and AOR shall be paid only for work completed. . NON-DISCRIMINATION. There shall be no discrimination against any employee who is employed in the work covered by Agreement, or against applicants for such employment, because of race, religion, color, sex, or national origin. This provision shall include, but not be limited to the following., employment, upgrading, demotion, or transfer;, recruitment or recruitment advertising, layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. . INTERESTS OF PARTIES. AOR covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 2 Item # 19 Attachment number 1 Page 7 of 26 10. 1 DEVAi"° FE ' I N INSURANCE. AOR agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of AOR or Its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this :Agreement, AOR shall procure and maintain during the life of this Agreement professional liability insurance. This prevision shall survive the termination of this Agreement. 11. PROPRIETARY ARTERIALS. Upon termination of this Agreement, AOR shall transfer, assign and make available to City or its representatives all property and materials in AOR°s possession belonging to or paid by the City. 12. ATTORNEY'S FEES. In the event that either party seeks to enforce this Agreement through an attorney, then the parties agree that each party shall bear its own attorney fees and costs, and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. 13. GOVERNING W. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 3 Item # 19 Attachment number 1 Page 8 of 26 I WITNESS WHEREOF, the City and AOR, have executed this Agreement on the bate first above written. Countersigned: ?f B n J. Au Mayor-Com ission r Approved as to form: J Hayman istant City Attorney CITY F CLEARWATER, FLORIDA By: f Barn B. He nie f Interim City Manager Attest: } Cymht,,'r>'L_ Goudeau City Clerk GEHRING GROUP By: e4?74 Print Name: Kurt Gehria Its: President CEO z Item # 19 Attachment number 1 Page 9 of 26 Item # 19 Attachment number 1 Page 10 of 26 . Serve as a resource to the City's Human Resources staff as needed on a wide variety of issues, including but not limited to. Negotiating renewals for medical, EAP, basic life, AMP (Supervisory, Administrative, Management, and Professional employees) life, LTD, voluntary dental, AD&D, cancerlintensive care/accident, etc. • Reviewing insurance contracts for conformity with the City's requirements. • Bidding all products on an "as required" basis.. • Timely receipt and review of medical plan management reports.. Development of open enrollment communication materials, including employee benefits booklet. ® Evaluation of medical' self-insurance as an option. Provide on ongoing basis medical trends affecting the City's medical plan. Oversee the plan documents and summary plan descriptions. Develop, conduct, and summarize employee satisfaction and/or needs surveys. Develop special plan design options as needed (i.e., three tiered medical options, flex benefit plans, etc.). • Provide input and guidance regarding the City's Employee Pension Plan and ether retirement options. • Make recommendations to City staff and develop and present materials to the City Commission. • Coordinate and present at Open Enrollment meetings. • Resolve employee claims issues and expedite resolution of contractual/coverage/billing disputes. • Create employee communications materials. 5. Assist the City with legislative compliance issues, including but not limited to: a COBRA Section 125 Cafeteria Plan Item # 19 Attachment number 1 Page 11 of 26 • FM LA Federal mandated benefits, such as HIPAA m State mandated benefits F,. Develop, conduct, and summarize benefits surveys of public and private employers, focusing on benefits, contribution practices, funding, premium structures, etc., and comparisons to the City of Clearwater's package. Develop, conduct, and summarize surveys for ether purposes, such as disruption reports. Conduct market analysis and industry trend reports. Provide legislative updates. This service would include the ability to complete an RFP in a timely manner for medical coverage which would go into effect on January 1, 2002. . Conduct Feasibility Studies, such as Advantages of Pooled Purchasing of Medical Insurance 9. The selected Proposer shall have the staff that possesses talent and expertise in the following fields: The Gehring Group further clarified their Scope of Services for the City of Clearwater In their response to the RFQ, follows: As outlined in the Scope of Services in the PFQ (see above), the Gehring Croup is committed to representing the City with best efforts regarding its employee benefits and when dealing with service providers, We strongly believe in obtaining specific benefit related 7 Item # 19 Attachment number 1 Page 12 of 26 reports and information from service providers in a timely manner in order to properly manage the benefits program. It is also a Gehring Group priority to- remain fully knowledgeable and up to date on changes in the law and policy language in order to interpret benefit policy and provide expert information regarding benefits issues. As Agent of Record, the Gehring Group would be involved in any Benefits Committee or other committee meetings as requested by the City. Due to the fact that many committees are comprised of members of the general employee population and other staff members, it is important for the City's Agent of record to give presentations to the committee in a manner that is easily understood. We take pride in our ability to help employees relate to the complicated terminology that exists within the insurance industry. Customarily, the Gehring Group also meets with the City staff on a regular basis regarding the everyday aspects of managing its benefits program. We monitor claims reports and plan benefits and, if necessary, discuss and evaluate other benefit options and considerations that may be beneficial to the City. The Gehring Group will serve as a resource to the City's HR staff as needed on a wide variety of issues including but not limited to those services outlined in item number (4) of Appendix A of RFQ # 50-01 (see above). Our traditional list of services includes but is not limited to the following: d Generating the Request for Quote (RFQ) Evaluating plan designs Negotiating with carriers Presenting to insurance committees and/or union representatives ® Performing market analyses Producing in-depth evaluation booklets for council/commission m Making recommendations to City Staff Presentations to council/commission Implementing programs Coordinating and presenting in all enrollment meetings Meeting with City Staff regularly to monitor claims utilization and overall program efficiency Expediting the resolution of contractual/coveragelbilling disputes Evaluating monthly experience data Conducting employee enrollment meetings Translating benefit offerings at new employee orientations On-site employee benefit training Resolving employee claim issues development of employee benefits booklet Generating employee communication pieces Sponsoring health fairs and wellness seminars Producing a variety of surveys including physician selection, employee satisfaction, and industry trends • Provide legislative updates Production of benefit materials in Spanish upon request • Bilingual enrollers, claims representatives, and service personnel Remain fully knowledgeable in order to interpret the health care benefit policy 8 Item # 19 Attachment number 1 Page 13 of 26 In addition to the services outlined in item number (4) of Appendix A of RFQ # 50-01 and those listed above, the Gehring Group will also be available to assist the City with legislative. compliance issues, including but not limited to COBRA, Section 125 Cafeteria Plan, FNILA, federal and state mandated benefits, etc. As previously stated, it is a priority to remain knowledgeable on law and policy changes. As stated in the RFQ, the City requests an agent who will "develop, conduct and summarize benefits surveys of public and private employers, focusing on benefits, contribution practices, funding, premium structures, etc., and comparisons to the City o Clearwafees package." Attachment (in the ,RFQ response) is a specific example of one such survey conducted by the Gehring Group. During a recent presentation at the annual Florida Government Finance Officer's Association (FGFOA), Kurt Gehring's presentation included the results of a survey of public employers throughout the State of Florida and their benefit programs. The results of this survey are included in the presentation handout labeled "Health Care Crisis". Other such surveys include employee satisfaction surveys. In addition to conducting surveys, the Gehring Group is also able to offer expert knowledge on such concepts as Fooled Purchasing of Medical Insurance and the benefits and setbacks of insurance pools and consortiums. Studies and analyses of such issues of interest to the City can be discussed. In summary, the staff of Gehring Group possesses the experience, knowledge and expertise to provide a higher level of service to the City relating to its employee benefits program. Our philosophy is one of superior servica and we pride ourselves in these high standards. 9 Item # 19 Attachment number 1 Page 14 of 26 rtn @P 3 Item # 19 Attachment number 1 Page 15 of 26 outlined by the City o Clearwater in the Request for Qualifications, #50-01 the following list outlines the cape of Services requested and agreed t by the Gehring roue.. 1. Represent the City with best efforts regarding its employee benefits and when dealing with service providers. Obtain specific. reports and information from service providers in a timely manner on an as-needed basis. Remain fully knowledgeable and up-to-date in order to interpret benefit policy and provide expert information regarding benefits issues. 2. Attend regular Benefits Committee meetings or other scheduled sessions as required by City. 3. Provide periodic training sessions to educate City staff" regarding benefits options and considerations for decision-making. . Serve as a resource to the City's Duman Resources staff as needed can a wide variety of issues, including but not limited to; 0 Negotiating renewals for medical, EAP, basic life, SAMP (Supervisory, Administrative, Management, and Professional employees) life, LTD, voluntary dental, AD D, cancerfintensive care/accident, etc. 0 Reviewing insurance contracts for conformity with the City's requirements. Bidding all products on. an "as required basis. Item # 19 Attachment number 1 Page 16 of 26 5. Assist the City with legislative compliance issues, including but not limited to: COBRA Section 125 Cafeteria Plea a FMLA Item # 19 Attachment number 1 Page 17 of 26 F deral mnndat benefits, such as HIP _ State mandated benefits . Develop, conduct, and summarize benefits surveys of public and private 7. Develop FPs for: Medical EAP Group Term Life, statutory AD&D and/or Voluntary Dental Short Term and/or Long Terra Disability Plans e Other benefits, a needed This service would include the ability to complete an RFIP in a timely manner for medical coverage which would go into effect on January 1, 2002. 6. Conduct Feasibility Studies, such as Advantages of Fooled Purchasing of Medical Insurance 6 Item # 19 Attachment number 1 Page 18 of 26 9. The selected Proposer shall have the staff that possesses talent _pnd expertise in the fallowing fields. i Project management 0 Developing Requests for Proposals Senior level administration Group insurance underwriting Actuarial science a Claims auditing e Statistical analysis 0 Flan design Cost containment * Federal and State laws regarding employee benefits 0 Communications materials System design and programming The Gehriar up further claaifl air Scup of Services for the l of Clew titer In air response to the RFQ, follows: manage the benefits program. It is also a Gehring Group priority to remain fully 7 Item # 19 Attachment number 1 Page 19 of 26 knowledgeable and up to date on changes in the law and policy langyage in order to interpret benefit policy and provide expert information regarding benefits issues. As Agent of Record, the Gehring Group would be involved in any Benefits Committee or other committee meetings as requested by the City. Due to the fact that many committees are comprised of members of the general employee population and other staff members, it is important for the City's Agent of Record to give presentations to the committee in a manner that is easily understood. We take pride in our ability to help employees relate to the complicated terminology that exists within the insurance industry. Customarily, the Gehring Group also meets with the City staff on a regular basis regarding the everyday aspects of managing its benefits program. We monitor claims reports and plan benefits and, if necessary, discuss and evaluate other benefit options and considerations that may be beneficial to the City. The Gehring Group will serve as a resource to the City's HR staff as needed on a wide variety of issues including but not limited to those services outlined in item number () of Appendix A of RFQ # 0-01 (see above). Our traditional list of services includes=but is not limited to the following: ® Generating the Request for Quote (RFQ) Evaluating plan designs • Negotiating with carriers Presenting to insurance committees and/or union representatives • Performing market analyses 8 Item # 19 Attachment number 1 Page 20 of 26 Producing in-depth evaluation booklets for counclllcornmission Making recommendations to City Staff a- Presentations to councillcommission a Implementing programs Coordinating and presenting in all enrollment meetings Meeting with City Staff regularly to monitor claims utilization and overall program efficiency w Producing a variety of surveys including physician selection, employee satisfaction, and industry trends Provide legislative updates 0 Production of benefit materials in Spanish upon request Bilingual enrollers, claims representatives, and service personnel Remain fully knowledgeable in order to interpret the health care benefit policy Item # 19 Attachment number 1 Page 21 of 26 , In addition to the services outlined in item number (4) of Appendix A of RFQ # 50-01 and those listed above, the Gehring Group will also be available to assist the City with legislative compliance issues, including but not limited to COBRA, Section 125 Cafeteria Flan, FMILA, federal and state mandated benefits, etc. As previously stated, it is a priority to remain knowledgeable on law and policy changes. As stated in the RFQ, the City requests an agent who will "develop, conduct and summarize benefits surveys of public and private employers, focusing on benefits, contribution practices, funding, premium structures, etc., and comparisons to the City of Clearwater's package." Attachment 4 (in the RFC response) is a specific example of one such survey conducted by the Gehring Group, During a recent presentation at the annual Florida. Government Finance Officer's Association (FGFOA), Kurt Gehring's presentation included the results of a survey of public employers throughout the State of Florida and their benefit programs. The results of this survey are included in the presentation handout labeled "Health Care Crisis". Other such surveys include employee satisfaction surveys. In addition to conducting surveys, the Gehring Group is also able to offer expert knowledge on such concepts as Pooled Purchasing of Medical Insurance and the benefits and setbacks of insurance pools and consortiums. Studies and analyses of such issues of interest to the City can be discussed. In summary, the staff of Gehring Group possesses the experience, knowledge and expertise to provide a higher level of service to the City relating to its employee benefits program. Our philosophy is one of superior service and we pride ourselves in these high standards. 10 Item # 19 Attachment number 1 Page 22 of 26 BenTek Services Agreement This document is to confirm and specify the terns of engagement between City of Clearwater and BenTelc to provide benefit administration system services effective with the plan year beginning January 1, 2007, and to clarify the nature and extent oft the services that will be provided, In order to ensure an understanding of our mutual responsibilities, the patties agree to the following arrangements. BenTek will install the benefits adminisWtration system on a secure server which has redundant back up in 3 locations throughout the United Mates. Information to populate the BenTelc benefits administration systean will be provided by either City of Clearwater and/or the City of Clearwater's current carrier(s). BenTek will not audit the information received, but prior to population; will prepare a review of the information with City of Clearwater with the goal of distinguishing and resolving any discrepancies. BenTek will furnish City of Clearwater with questionnaires and checklists to guide in gathering the necessary information, City of Clearcvater's use of such forms will assist in keeping pertinent information from being overlooked. It is City of Clearwater's responsibility to provide, or authorize the provision of, the information necessary to farm the initial database. It is City of Clearwater's responsibility to review the database for accuracy and completeness prior to it becoming "Live." BenTelc will lase professional experience and exercise professional care in reviewing the database, and will apply tests o reasonableness to assist i this process. BenTek will exercise professionalism and best efforts when dealing with other agents or consultants who assist City of Clearwater with benefit programs to be included its -the benefits administration system; noting that such other agents/consultants cooperation is pivotal for complete and successful implementation of a.comprehensive benefits administration system.. BenTelc agrees to protect, indemnify, and hold the City and its officers, employees and agents free and harmless from and against any and all lasses, penalties, damages, settlements, casts, charges, professional fees or other expenses or liabilities of every kind and character arising out of or else to any negligent act or omission of BenTelc or its employees hi connection with or arising directly or indirectly out o this Agreement and/or the performance hereof: Without limiting its liability uncles- this Agreement, BenTelc shall procure and maintain during the life of this Agreement professional liability insurance, The accompanying Scope of Services farther describes the project objective, City of Clearwater's responsibilities, BenTek responsibilities, estimated timeline, contact information and fees, As the Scope o Services provides for an expansion of the City of Clearwater's and. BenTelc expectations, it is trade a part of this document. Accepted by: /Zll?- / O i`-ameTitle f r City oCrwater Date 1,17 Name/Title for BenTelc Bate Item # 19 Attachment number 1 Page 23 of 26 -- V nTe cope of Services Statement BenTek is a three part, internet based employee benefits administration solution offering three nodules: Client Administration System, Open Enrollment, and Employee Benefits Center. The Client Administration System allows for one paint of enti-y for employee benefits data managerrment. Successful rollout will allow City of Clearwater to'update personnel, benefit plans and election related data, generate and process carrier self billing files make prior and partial period (as permitted by carrier) adjustments produce payroll related benefit deduction analyses perform electronic multiple carrier updates of eligibility from single entry, point: oil bi- weekly or other designated period approve/deny/suspend pended changes requested by plan participants Maintain historical record of employee election and plan changes * transmit electronic or paper report to payroll department listing current benefit plan payroll deduction, changes warehouse final billing files segregated by carrier * provide standard reports for historical periods for various administration functions (e.g. census) provide custornized reporting capability The Open Enrollment module allows internet access to employees to confirm or make changes to their benefits and/or plan selections for the upcoming plan year, Participants' may access their own frozen participant enrollment data at a specified snapshot date. Successful implementation will allow City of Clearwater and/or employees to: 0 track plan changes made on a daily basis 0 generate confirmation statements with elections chosen and deductions 0 post charges as entered for new plan year * link to applicable benefits booklet plan section a link: to carrier websites ® link to contact information for employee questions print carrier forms such as Change of Beneficiary and Salary Redirection Agreement ® prohibit employees from making changes to comply with carrier mandated signature authorization requirements offer separate passwordsiaccess capabilities for employees, administrators, and P parties The Employee. Benefits Center allows internet access to employees, giving; them the capability to view, modify (as allowed) and request modification of their benefit elections and deductions, and link to benefit booklet imy'forrnation. Successful implementation will provide employee access to: view current benefit elections, deductions, benefit information, and pending; change requests 2 Item # 19 Attachment number 1 Page 24 of 26 ;7 77 -1- f; - - • electronically re€li. cat qualified evetit c:ecJkons c:itanr,-: with automatic benefit administrator notification • link to/print signature-required submission -forms for qualified events • auto fill claim forms • link to carrier sites * link to applicable section of employee benefits booklet * link to contact info and e-mail for plan administrator System will be rolled out through the successive implementation of the modules making every effort to meet the timeline provided herein (Exhibit l), understc ding the commitment and timely cooperation necessary of the City of Clearwater (including said City ofClearwater's technology department), and the applicable carriers. Contact Information The assigned City of Clearwater contact persons for this project include a decision making member of the benefits administration team, a coordinating member of City of Clea.rwater's benefits administration team, and a coordinating member of the City of Clearwater's information technology depar lineriL These contacts have been identified by City of ClearwaGer° as: Allen DelPrete-HR Manager Benefits Administration - manager (Name & Title) 7.27-5_62_4876, Contact phone number P.O. Box 4748 Clearwater,...-FL 33758 Address _ Michelle Kutch/HR Analyst Benefits Administration - coordinator (Naive & Title) P.O. Box 4748 Clearwater FL 33758 Address _Sdor'_t Yates/Da-_ base Manager hiformation Technology- coordinator (Name & Title) P.O. Box 4748 Clearwater, FL 33758 Address ollen.delprete@myclearwater.com E-mail address 727-562-4883 Contact phone number michelle.kutch@in clearwater com E-mail address 727-562-4841_,_ Contact phone number Scott.yates@myclea.rwater.cam E-mail address Item # 19 Attachment number 1 Page 25 of 26 The assigned EenTok contact persons for this project include an implementation specialist, a BenTek programmer, and a BenTek Technology Manager. Its addition, your Gehring Group Account Manager is expected to assist with the implementation and rollout. These contacts have been identified by Gehring Group as: Julie Curtis Een.Tek Implementation S pecialist 11505 Fairchild Gardens Ave. Palm Beach Gardens. FL 33410 Address (561) 626-6797 Contact phone number Julie@Gehr?ngGroup.cam I'E-mail address Sean Axel BenTek Programmer 11505 Fairchild Gardens Ave. Palm Beach Address Dan Thagard BenTek I.T. Manager 11505 Fairchild Gardens Aare. Palm Beach Gardens, FL 33410 Address Stephanie Drost Gehring Group Account Manager 115035 Fairchild Gardens Ave, Palm Eeach_Gardens, FL 334107 Address 4 (561) 626-6797 Contact phone number Sean@GehringGroup.com E-mail address (561) 626.6797 Contact phone number Fan@GehringGroup.com E-mail address (561) 626-6797 Contact phone number Stephanie@GehringGroup,com & mail address Item # 19 Attachment number 1 Page 26 of 26 City of Clearwater's Responsibilities (coat.) Current benefit system used (if any) List of standard benefit reports currently used or produced Payroll deduction schedule ( of deductions) * Payroll calendar Liability account information (payroll and finance) * Open Enrollment period (dates) Current Wellness Program Change Management BenTek is a three module system that is customized for the City of Clearwater fi`om a starting standard application. The timeline as presented herein is a standard timeline, Additional customization and/or requested changes may result in delays to previously communicated time commitments, and alter the project completion date. Substantial changes that materially change the scope of services as listed above must be agreed to by City of Clearwater and BenTek. It is expected that new features will be added to BenTek, and existing programming may be modified from til`11'e to time. Any system-wide or version changes will be communicated to City of Clearwater's contact team as outlined above. City of Clearwater concerns with any changes should be communicated through the above identified Account Manager with a copy to the BenTek LT. Manager as soon as practicable to expedite resolution. Data Management It is understood that Ben'Tek will maintain the software and warehouse the data for City of Clearwater. The software is the sole property ofBenTek, Inc, City of Clear-water's data is the property of City of Clearwater and thrill be released in a standard data format to City of Clearwater at City of Clearwater's direction, Fees Gehring G-oup will absorb 100% of the BenTek° administrative fees, for the first year and each month thereafter in which. they receive commissions as Agent of Record, for current services provided City of Clearwater within the term of this agreement, to the event that Gehring Group is no longer Agent of Record for the City's employee benefits, City of Clearwater may elect to continue to use BenTek, for which services they will be billed on a monthly basis at a rate not to exceed $5 per employee per month. The above monthly administrative fees include the use of the BenTek software, monthly maintenance of the system, open enrollment, annual benefit plan updates, and data warehousing. The termination date of this agreement is December 31, 2009, This agreement will thereafter be autort atically renewed on an annual basis for successive 12 month terms and may be terminated at any time with 60 days advance notice by either party. In the event this agreement is terminated, the City of Clearwater's data will be returned upon request of City of Clearwater. Item # 19 Attachment number 2 Page 1 of 3 ADDENDUM TO AGENT OF RECORD AGREEMENT BETWEEN CITY OF CLEARWATER AND GEHRING GROUP, INC. This Addendum ("Addendum"), dated the _ day of , 2010 by and between the City of Clearwater("CITY"), and Gehring Group, Inc, ("GEHRING"), hereby supplements the terms and conditions of the Renewal of Agent Agreement dated April 26, 2006 and previously executed Agent of Record Agreement dated May 2, 2001, a copy of each of which is attached hereto as Exhibit "I" This Addendum is made a part of the Agreement. WHEREAS, GEHRING currently provides CITY with all services currently outlined in Scope of Services Exhibit A and Exhibit B per currently in force Agent of Record Agreement; WHEREAS, GEHRING has provided CITY with the internet based benefits administration and enrollment system, BenTek, starting with the plan year January 1, 2007; WHEREAS, CITY desires to have GEHRING provide these same services to CITY, as well as to append the scope of services provided to include the continued provision of BenTek as well as: • Independently bid, evaluate and assist with development of on-site clinic • Assist in clinic implementation process • Provide on-site clinic follow up savings analysis • Provide a Human Resources Tool and Health Care Reform Updates through a client only internet accessible Client Portal: my.gehringgroup.com Page 1 of 3 Pages 08/04/10 Item # 19 Attachment number 2 Page 2 of 3 • Provide for Deferred Compensation Plan Review services for City of Clearwater Retirement Benefits Program to include the following: 1. Recommendations regarding formation and function of the Retirement Plan Committee 2. Creation of a custom Investment Policy Statement 3. A comprehensive review and analysis of the current investments offered by each of the vendor programs available to the City of Clearwater employees with suggested investment line-up changes. 4. Provision of the Fiduciary Investment Monitoring Report (or similar) to each Retirement Plan Committee member twice per year with a formal review at the City of Clearwater offices. The report will analyze the investments offered by the current vendors. 5. Preparation of meeting minutes documenting the bi-annual Retirement Plan Committee meetings. 6. Participation in the annual Plan review meetings with the Retirement Plan Committee members and each vendor. Further, whereas, GEHRING agrees that in matters where Gehring Group may be deemed to fit the definition of a business associate pursuant to the HTTECH privacy provisions of ARRA, Gehring Group agrees to comply with the HIPAA Administrative Simplification Security Rule as outlined in Section 13401 under Subtitle D of Title XIII in the American Recovery and Reinvestment Act of 2009, effective February 17, 2010. NOW, THEREFORE, and in consideration of the promises and the mutual covenants herein contained, the parties hereto agree as follows: TIME OF PERFORMANCE. This agreement shall be renewed for a renewal period of two years, as provided for in Paragraph 2 of Agent of Record Agreement, said period to commence October 1, 2010 and running through September 30, 2012. This agreement will thereafter be automatically renewed for successive one-year terms unless notice of non-renewal is given in Page 2 of 3 Pages 08/04/10 Item # 19 Attachment number 2 Page 3 of 3 writing by CITY or GEHRING at least thirty calendar days prior to the annual expiration date (September 30). SCOPE OF SERVICES. All remaining terms and conditions of the original Agent of Record Agreement are accompanying Scope of Services incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this agreement. IN WITNESS WHEREOF, the CITY and GEHRING, have executed this Addendum of Services on the date first above written. Signed: GEHRING By: Print Name: Kurt Gehring Title: President Countersigned: By: Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney William B. Horne II City Manager CITY OF CLEARWATER, FLORIDA Cynthia E. Goudeau City Clerk Page 3 of 3 Pages 08/04/101tem # 19 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Amendment to the Administrative Services Agreement between the City of Clearwater and International City Management Association Retirement Corporation (ICMA-RC) for the 401a Money Purchase Pension Plan and the 457k Deferred Compensation Plan, to be effective October 1, 2010 through September 30, 2017. (consent) SUMMARY: The City currently contracts with ICMA as the sole provider for the City's 401a Money Purchase Pension Plan, an individual retirement account plan funded by City contributions only, and as one of two providers for the City's 457k Deferred Compensation Plan, a separate voluntary individual retirement account plan funded by plan participants with no City contributions. This Amendment is a renewal of the current ICMA Administrative Services Agreement for a seven -year period, to be effective October 1, 2010. The amended service agreement codifies the scope of services to be provided by ICMA, includes maintaining the current provisions for waiving Plan Administration Fees, Account Maintenance Fees, and Mutual Fund Services Fees, as well as establishing a new provision affording plan participants the ability to receive an individual Financial Needs Assessment at no cost for the life of the agreement. Review Approval: 1) Legal 2) Human Resources 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 4 AMENDMENT TO THE Administrative Services Agreements for Plan Numbers 300269, 109729 This Amendment to the Administrative Services Agreements ("Agreements") for Plan numbers 300269, 109729 (the "Plans") is entered by and between City of Clearwater ("Employer") and ICMA Retirement Corporation ("ICMA-RC"), effective as of the date of execution by the Employer below ("Execution Date"). WHEREAS, the Employer sponsors the Plans on behalf of its eligible employees and retirees; and WHEREAS, the Employer entered the Agreements to engage ICMA-RC to provide administrative services and investments for the Plan under the terms specified in the Agreements; and WHEREAS, Section 10(a) of the Agreement provides that the Agreements may be amended pursuant to a written instrument signed by the parties; NOW, THEREFORE, the Agreements are hereby amended as follows: FIRST Section 1 of the Agreements, titled "Appointment of ICMA-RC" is amended to provide as follows: Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. SECOND This agreement shall be in effect for an initial term beginning on the Inception Date and ending 7 years after the Inception date. During the initial term, ICMA- RC shall provide a Financial Needs Assessment to any participant who requests for no additional charge to the Participant as indicated in item (n) of Exhibit A attached hereto. The term of this Agreement may be extended upon the mutual agreement of the parties. The term amendment specified in item (n) of Exhibit A to the Agreement will take effect following the Retirement Corporation's receipt of one fully-executed copy of this Amendment Item # 20 Attachment number 1 Page 2 of 4 In all other respects, the Agreements are hereby ratified and affirmed. IN WITNESS WHEREOF, Employer has caused this Amendment to be executed by its duly authorized officer this day of , 2010. INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By Angela C. Montez Assistant Corporate Secretary Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 20 Attachment number 1 Page 3 of 4 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment forms and records. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Trust. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established in paper or electronic format. These files shall include enrollment instructions, beneficiary designation instructions (to the extent provided to ICMA- RC) and all other written correspondence and documents concerning each participant's account, and if applicable, records of any transaction conducted through the Voice Response Unit ("VRU"), the Internet or other electronic means. (f) Provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll-free number and access to VantageLine, ICMA-RC's interactive VRU, and ICMA-RC's web site, to allow participants to access certain account information and initiate plan transactions at any time. (j) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will Item # 20 Attachment number 1 Page 4 of 4 establish a separate account record for the alternate payee and provide for the investment and distribution of assets held thereunder. (1) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. (m)Online Advice may be made available through a third party vendor on the terms specified on ICMA-RC's website. (n) ICMA-RC will offer a Financial Needs Assessment to any participant who requests it at no charge to the Participant. Item # 20 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve renewal of the Management Agreement with Clearwater Community Sailing Association (CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center's common areas to the CCSA in lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. (consent) SUMMARY: The current five-year lease will expire on September 30, 2010. The Clearwater Community Sailing Association (CCSA) has satisfactorily performed all requirements of the management agreement and requests approval of the five-year renewal option. CCSA currently pays $1,271.76 per month in rent and has assumed an annual CPI increase each January for the past five years. In lieu of the CPI increase, CCSA requests to assume the responsibilities of the custodial contract that would save the city $27,500 in custodial contractual obligations. At an average CPI increase of 2.96% over the past five years, the city would have made an additional $2,258.40 during the whole five-year period. The CCSA assuming the custodial contract saves the city $25,241.60 without the CPI increases annually. In FY 2002, the city's operational budget for the sailing center was $181,600, while bringing in $36,840 in revenue, with a cost to the taxpayer of $144,760. Personnel expense at that time was approximately $92,500 with an operating expense of $89,100. After partnering with CCSA, a 501(c)3 organization, the city was relieved of the personnel and operational expense of the sailing center. The city maintains the facility and custodial contract. In FY2009, CCSA had an operational budget of $403,593 with a net income of $38,356. ClearwaterCommunity Sailing Center's Value to the Community Under CCSA management, services, activities, usage and visibility have vastly expanded and provided a great deal of goodwill locally, nationally and internationally for the Clearwater community. The reputation of the center reflects positively on the City and area. In FY 2009, CCSA received over $50,000 in donations from private donors and civic associations. The organization has received approximately $100,000 in the past 3 years and an additional $25,000 in equipment and boats. Programs - Over 2,600 children, ages 8-16, have attended CCSC summer & out-of-school camps in the past 5 years. Approximately 500 children attended summer sailing camps this past year. More than 1,500 adults, ages 17 to 80, have taken some form of sailing instruction at CCSC. Students have been both able bodied and challenged. CCSA is the home of Sailability of Greater Tampa Bay, which is an organization that promotes sailing to diverse organizations and persons with all abilities. Using adaptable boats and equipment based at the center making the center a fully accessible facility. Some of the organizations that have benefitted from Sailability are the Shriners, Boys & Girls Clubs, the Sheriff's Youth Ranch, the disabled Vets, St. Anthony's Children's Hospital and the Special Olympics. Sailability is a Special Olympics sanctioned sail training facility hosting Special Olympic regattas and supporting Special Olympic regatta participation in other parts of the state. CCSA has worked with the Clearwater Yacht Club and has hosted various national and international regattas, such as the ISAF Laser Mid-Winters that was held in February bringing over 150 sailors from around the world to Clearwater. Other regattas include the Snipe Midwinter Championships, Clark Mills Regatta, and the hometown favorite Carlisle Classic commemorating the Carlisle Family for their contributions to the sailing center. These various regattas have brought approximately 300 sailors to the area. Each event is a 2-4 day event with sailors arriving early and sometimes staying over for practice and training until the next regatta. Community Service Programs - The facility provides a variety of services for the community, such as Coast Guard Auxiliary Safe boating classes, watercolor and yoga. The Sand Key Civic Association and other condo associations use CCSC for their monthly and annual meetings. Cover Memo Membership and Supporting Organizations - built from approximately 25 members in October 2002, the organizatLao 2 jer 200 members today. The following provide volunteer and financial support: Sand Key Civic Association, Clearwater Yacht Club, Clearwater Rotary, Tampa Bay Pilots Association, Paralyzed Veterans Association, and The Christopher Reeve Foundation. CCSC is extremely appreciative to the City of Clearwater whose support over the last 8 years has been instrumental to the center's success CCSA is expanding water-sporting opportunities with Kai Aniani Canoe Club for outrigger canoeing and racing and Kahuna Kai/Standup Fitness for standup paddling, which is the latest craze in non-motorized water-sports. The vision and business plan for CCSA anticipates building a waterfront facility that offers a wide variety of environmentally friendly non-motorized water sports to the community and area and will become the epicenter for promoting water safety and sporting and educational programs. Review 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Marine and Approval: Aviation 6) Financial Services 7) Financial Services 8) Office of Management and Budget 9) Legal 10) Clerk 11) Assistant City Manager ED 12) Clerk 13) City Manager 14) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 9 i NNN Y? ?, Y NY N N NYY ?y I? Y i? I. I Business Plan 2010 - 2015 Drafted by Bev Buysse, July 6, 2010 1 Item # 21 Attachment number 1 Page 2 of 9 Background Years ago local sailors flocked to the beach at Sand Key to launch boats off the sandy area where today stands the CCSC. It was due to the combined efforts of many local sailors from individuals, Clearwater Yacht Club (CYC) and Windjammers of Clearwater (WJoC) that the site was saved from becoming a parking lot and transformed it into one of the finest sailing facilities in the United States. In 1991, the current facility was built and operated by the City of Clearwater as a recreational facility falling under the Marine & Aviation Department. In 2002 the city partnered with Clearwater Community Sailing Association a 501(c)3 non-profit organization to take over the operations and programs at the facility. Under the management of CCSA expanded services, activities, usage and visibility of CCSC have provided a great deal of goodwill locally, nationally and internationally for our Clearwater community. The reputation of the center reflects positively on the city and area. The escalating growth of the services and the demand for them has greatly taxed our available facilities, boats and equipment. In particular, classroom facilities are a major area of concern with most of our programs needing and competing for the very limited classroom or meeting space. Waterfront access is a concern too, as the center has expanded as a host site for numerous national and international regattas, and summer camp programs continue to grow, launching and rigging space has become congested and is limited. Programs - Over 2600 youngsters from 8 - 16 have attended CCSC summer and out of school camps from 2005 -2010. In 2010 approximately 500 children attended the ten weeks of summer sailing camp. More than 1500 adults from 17-80 have taken some form of sailing instruction at CCSC. Our students have been both able bodied and handicapped. Over 1000 sailors from across the U.S. and around the globe participate each year in regattas sailed out of CCSC. Programs for Physically Challenged Sailors - Sailability of Greater Tampa Bay (SGTB) partnered with CCSA to provide sailing programs to people with disabilities using adaptable boats and equipment based at Clearwater Community Sailing Center's fully accessible facility. SGTB also provides sailing instruction and training for the Special Olympics, and is a Special Olympics sanctioned training facility hosting Special Olympic regattas and supporting Special Olympic regatta participation in other parts of the state. SGTB's community outreach programs have hosted events for several community groups including the Shriners Hospital Children, the Boys & Girls Clubs of Tampa Bay, the Florida Sheriff's Youth Ranch, and All Children's Hospital the Paralyzed Vets of America, Veterans's from Bay Pines VA Hospital and the James A. Haley Va Hospital, and the Muscular Dystrophy Association, just to name a few. Community Service Programs - Our facility is used to provide a variety of services for the community. Coast Guard Auxiliary conducts safe boating classes to approximately 300 students each year. Watercolor and yoga classes are offered at our facility and are geared toward our senior population. The Sand Key Civic Association and Sand Key condo associations use CCSC for their monthly and annual meetings. CCSC is also host to numerous wedding receptions and parties for local and area residents. Volunteers - Our membership base has provided thousands of volunteer hours that have helped support the Sailing Center's mission. Volunteers perform such varied tasks as yard and beach clean-up, vessel repair, assisting instructors in group instruction and with Sailability Community Sails, as volunteer captains Drafted by Bev Buysse, July 6, 2010 2 Item # 21 Attachment number 1 Page 3 of 9 for special groups and events and as "eyes on the water," our safety program of keeping track of all boats we have on the water at any given time. Membership - Built from approximately 25 in October 2002 to a membership population of over 200 today. Spectrum of audience reached provides a full spectrum of today's society. We serve ages from 8 to seniors, both able bodied and handicapped or special needs sailors. The latter being served in conjunction with our partner SGTB. Geographically, approximately 75% of our clients live in Clearwater, St. Petersburg, or Tampa and the surrounding areas. The remainder is both domestic and international visitors. Many are repeat customers who return year after year with the sailing center as one of the attractions that brings them back to Clearwater. Supporting Organizations - CCSC enjoys the support both volunteer and economically from a number of organizations: Sand Key Civic Association, Clearwater Yacht Club, Clearwater Rotary, Tampa Bay Pilots Association, Paralyzed Veterans Association, The Christopher Reeve Foundation. CCSC has received approximately $100,000 from private donors and civic organizations in the past 3 years. Boat Storage - The main yard is used for the center's fleet of boats. There is a north beach storage pen that is used to store members boats and is a convenient launching site for the smaller craft. Storage is provided for a nominal fee and the rate is adjusted to size of boat. Physical Site - The current site consists of a modern building with office, storage, repair, elevator, utility, toilet, shower and meeting rooms with an upper and lower veranda. There are two fixed docks extending 162 feet into the harbor with floating platforms on each end with the northern dock being ADA accessible and a boat lift on the southern dock. The physical site includes all land from the edge of Gulf Boulevard to the water edge and from the property line of the Marriott at the south end to the north storage pen at the base of Sand Key bridge. Other storage areas include the property under the south side of Sand Key bridge to the County Park property line. Income Activities: The sailing center is host to numerous programs and activities that provide income for the daily operations at the center. • Boat rentals • Boat storage • Facility rentals • Sailing lessons • Youth programs • Regattas • Memberships • Retail • Grants, donations and other sources of funding Drafted by Bev Buysse, July 6, 2010 3 Item # 21 Attachment number 1 Page 4 of 9 Staffing and Hours of Operation CCSA currently has one full time staff member, the Director, with five primary part-time employees and ten seasonal employees to provide instruction for summer camp. The Director reports to the CCSA Board of Directors. The rest of the staff reports to the Director. The hours of operation are 9:00 am to 5:00 pm Tuesday through Sunday with the center closed on Mondays. During the summer the center is open on Mondays for summer camp and currently has extended hours on Wednesday evenings for member racing. Staffing is provided for facility rentals and often the use of the facility is outside of the normal operational hours. Pricing and Profitability Pricing for fees, goods, and services were set by previous management and were set to be competitive with other community sailing centers in the state. A pricing survey will be conducted to ensure CCSA's rates and fees are competitive and in alignment with other community sailing centers. Issues CCSA has been through a transitional period with staffing. There has been no consistency in the leadership nor direction of the center. The transition has left the center without written records of past agreements with outside instructors and contractors. Thus the center has been taken advantage of by several different groups all with their own agenda and personal or organizational gain at the center's expense. Mission: The Mission of the Clearwater Community Sailing Center is to provide safe, enriching and affordable sailing opportunities to local residents and visitors, including youth, seniors and the disabled for the enjoyment and benefit of our entire community. Vision: (old) The Vision of CCSC is to become the region's most comprehensive, premier, all year round sailing center. Vision: (New) CCSC will become the premier non motorized waterfront facility, offering sailing, kayaking, paddling and other environmentally friendly aquatic activities and programs that promote water safety and education as well as being the home port for various clubs and organizations and will host events promoting water sports. Values: • Committed to providing a physically and emotionally safe environment for all of our members and visitors. Drafted by Bev Buysse, July 6, 2010 4 Item # 21 Attachment number 1 Page 5 of 9 • Believe and follow the principle of inclusion. We welcome and encourage everyone to participate in our activities regardless of age, gender, race, creed, place of origin, financial status or physical ability. • Promote respect and appreciation for one's self, others, society as a whole and the natural environment. • Strive for continual improvement of individuals and organizations. The CCSC recognizes that this can be facilitated through healthy competition and the cooperation among various individuals and groups. • Promote the development of the true sportsmanship. Goals 1. Grow current Droerams and participation levels bv: a. Developing a marketing and advertising plan i. Review current marketing and improve marketing strategies ii. Determine and promote programs to the right demographic iii. Utilize available resources for marketing 1. Hotels, beach businesses, business chambers of commerce 2. Financial growth and sustainability a. Promote use and rental of facility through marketing and advertising b. Fully utilize all water access for launching to maximize all programs & activities i. Sailing both for youth, mature able bodied and disabled members ii. Promote kayaking and offer a wider selection of programs in this area iii. Promote all paddling programs: 1. Standup paddling 2. Outrigger paddling 3. Board paddling and surf skiing, c. Expansion of programs, activities and events i. Broaden the scope of programs 1. Offer wider variety of sailing programs a. Windsurfing lessons for all b. Kitesurfing lessons c. Scheduled sailing programs and lessons 2. Offer a wide variety of kayaking programs 3. Offer a wide variety of paddling programs ii. Promote, grow and host events and regattas 1. Grow from current level and number of regattas a. Work with CYC to promote regattas b. Provide race official's instruction c. Grow local fun racing 2. Offer other water sporting events a. Paddling races b. Kayaking outings Drafted by Bev Buysse, July 6, 2010 5 Item # 21 Attachment number 1 Page 6 of 9 c. Open water swims iii. Promote water safety programs 1. Educational programs a. Community safety education i. First aid and CPR ii. Waterfront lifeguarding courses b. Sailing and boating safety education c. Marine environment education iv. Promote aquatic educational opportunities to local educational facilities 1. Private schools 2. Local colleges for accreditation d. Attract grants and donations through programs offered e. Expand retail items for purchase f. Expand footprint of current facility to include the entire beach area north of the center. 3. Promote cooperative effort with local business, civic and community organizations to further the development of the center. a. Provide Corporate memberships for area businesses b. Develop sponsorships to support various programs c. Revitalize the committees that support the operations and safety of the center d. Revitalize the volunteer program Each goal will have objectives and strategic initiatives that will be developed to accomplish the goal. These goals will ultimately make the center more viable and financially sustainable. Recommendations: • Increase facility rental to $1200 for a six hour period with a $225 per hour rental for use of the facility for less than a six hour period. • Purchase three more getaways for lessons and rental • Increase retail inventory • Increase memberships • Market team builders to area beach hotels • Provide adequate and appropriate staffing for center • Focus on developing new programs to augment the current programs Financial History and Five Year Projections The historical data collected in the table below is used to provide the upcoming five year projections. The projections are conservative, based on the current state of the economy and the fluctuating net income. The net income does not have an increasing/decreasing pattern in revenues, therefore the baseline for the next five year projections are taken from the average income over the past five years (FY 2005 through FY 2009) with a projected a 5 percent increase over each of year. Drafted by Bev Buysse, July 6, 2010 6 Item # 21 Attachment number 1 Page 7 of 9 An analytical review of the expenses for the center shall be conducted with a focus on areas to decrease and/or maintain the expenses, while continuing to grow the revenues. Historical Budget with actual figures. FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Actual Actual Actual Actual Act to Jun INCOME Total Contributions 22,025.84 35,117.92 37,022.53 66,652.48 52,167.45 36,946.73 Inactive Income Accounts -3,357.85 2,357.72 -4,400.13 -994.01 -1,022.39 -347.89 Total Non-Profit 357,203.0 418,813.9 310,634.6 353,165.0 250,268.6 Income 223,303.68 3 4 5 7 2 Overage/Shortage 0.00 0.00 0.00 0.00 -717.00 0.00 Total Income 241,971.67 394,678.67 451,436.34 376,293.12 403,593.13 286,867.46 Gross Profit 241,971.67 394,678.67 451,436.34 376,293.12 403,593.13 286,867.46 EXPENSES Total Bank Charges 4,304.21 5,375.92 4,968.92 5,834.07 5,652.86 3,335.96 Total Dues Subscriptions 170.00 471.25 321.00 654.41 851.25 766.24 Employee Benefit 0.00 0.00 1,689.93 3,523.84 1,008.55 126.00 Information Technology 211.85 0.00 0.00 0.00 0.00 1500 Insurance 18,474.22 18,509.04 24,936.09 27,104.86 20,383.88 22,215.06 Facility Maintenance 766.74 2,151.99 4,041.11 1,669.90 -2,961.07 1,144.36 Boat Maintenance 2,426.64 13,589.93 29,120.27 27,465.51 7,679.50 5,341.26 Total Maintenance 14,291.54 15,741.92 33,161.38 29,135.41 16,060.54 10,534.92 Marketing 889.76 1,703.20 1,470.00 12,353.90 5,429.19 1,790.50 Office Expense 1,261.80 2,744.79 2,828.56 3,202.05 5,033.68 5,420.91 Operating Expense 5,829.24 36,037.37 42,347.21 16,879.10 17,332.44 7,754.04 188,782.9 254,439.8 212,122.8 219,992.6 115,539.6 Personnel/Payroll 131,336.07 6 4 8 4 9 Permits & Licenses 87.38 101.06 219.65 582.16 547.15 1,105.92 Professional Fees 4,626.77 4,908.24 6,681.78 5,511.84 10,603.01 1,881.01 Regatta Expense 1,003.95 3,880.74 3,147.50 2,461.79 4,470.89 9,186.26 Rent 12,513.15 13,625.70 14,005.11 14,401.17 15,072.54 11,445.79 Sail Instruction 960.00 7,855.64 6,328.36 1,036.48 175.00 722.50 Taxes 320.70 672.37 1,882.19 -430.98 4,503.62 Travel 0.00 0.00 0.00 506.57 59.48 970.78 Utilities 14,047.94 15,373.43 18,235.10 17,801.84 18,847.22 14,294.17 Total Expenses 210,206.48 331,525.55 449,824.00 381,816.80 346,023.94 208,710.78 Net Operating Income 31,765.19 78,895.04 33,773.72 23,611.73 57,569.19 78,156.68 Other Income 20.78 9,727.69 0.00 0.00 0.00 100.00 Other Expenses 0.00 8,722.69 2,877.50 19,212.94 19,212.94 802.50 Net Other Income 20.78 1,005.00 -2,877.50 -1,912.94 -19,212.94 -702.50 NET INCOME 31,785.97 79,900.04 30,896.22 4,398.79 38,356.25 77,454.18 Projected total for FY 2010 Drafted by Bev Buysse, July 6, 2010 7 Item # 21 Attachment number 1 Page 8 of 9 The end of the year figures for FY 2010 are based on the current figures for a 9 month period, divided by 9, then taking the average of the 9 months times 3 (remaining months) to get the projected total. The projected income for FY 2010 $382,489.80, the projected expense $$278,280.80 with a projected net income of $104,209.00 Projections for the next five years based on a 5 percent increase in income and expenses. 5 YR AVG FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 INCOME Total Contributions 42,597.24 44,727.11 46,963.46 49,311.63 51,777.22 54,366.08 Inactive Income Accounts -1,483.33 -1,557.50 -1,635.37 -1,717.14 -1,803.00 -1,893.15 Total Non-Profit Income 332,624.07 349,255.28 366,718.04 385,053.94 404,306.64 424,521.97 Overage/Shortage -143.40 -150.57 -158.10 -166.00 -174.30 -183.02 Total Income 373,594.59 392,274.32 411,888.03 432,482.43 454,106.55 476,811.88 Gross Profit 373,594.59 392,274.32 411,888.03 432,482.43 454,106.55 476,811.88 EXPENSES Total Bank Charges 5,227.20 5,488.56 5,762.98 6,051.13 6,353.69 6,671.37 Total Dues Subscriptions 493.58 518.26 544.17 571.38 599.95 629.95 Employee Benefit 1,244.46 1,306.69 1,372.02 1,440.62 1,512.65 1,588.29 Information Technology 42.37 44.49 46.71 49.05 51.50 54.08 Insurance 21, 881.62 22, 975.70 24,124.48 25, 330.71 26, 597.24 27, 927.11 Facility Maintenance 1,133.73 1,190.42 1,249.94 1,312.44 1,378.06 1,446.96 Boat Maintenance 16,056.37 16,859.19 17,702.15 18,587.26 19,516.62 20,492.45 Total Maintenance 21,678.16 22,762.07 23,900.17 25,095.18 26,349.94 27,667.43 Marketing 4,369.21 4,587.67 4,817.05 5,057.91 5,310.80 5,576.34 Office Expense 3,014.18 3,164.88 3,323.13 3,489.29 3,663.75 3,846.94 Operating Expense 23,685.07 24,869.33 26,112.79 27,418.43 28,789.35 30,228.82 Personnel/Payroll 201,334.88 211,401.62 221,971.70 233,070.29 244,723.80 256,959.99 Permits & Licenses 307.48 322.85 339.00 355.95 373.74 392.43 Professional Fees 6,466.33 6,789.64 7,129.13 7,485.58 7,859.86 8,252.86 Regatta Expense 2,992.97 3,142.62 3,299.75 3,464.74 3,637.98 3,819.88 Rent 13,923.53 14,619.71 15,350.70 16,118.23 16,924.14 17,770.35 Sail Instruction 3,271.10 3,434.65 3,606.38 3,786.70 3,976.04 4,174.84 Taxes 1,389.58 1,459.06 1,532.01 1,608.61 1,689.04 1,773.50 Travel 113.21 118.87 124.81 131.05 137.61 144.49 Utilities 16,861.11 17,704.16 18,589.37 19,518.84 20,494.78 21,519.52 Total Expenses 343,879.35 361,073.32 379,126.99 398,083.34 417,987.50 438,886.88 Net Operating Income 45,122.97 47,379.12 49,748.08 52,235.48 54,847.26 57,589.62 Other Income 1,949.69 2,047.18 2,149.54 2,257.01 2,369.87 2,488.36 Other Expenses 10,005.21 10,505.47 11,030.75 11,582.29 12,161.40 12,769.47 Net Other Income -4,595.52 -4,825.30 -5,066.56 -5,319.89 -5,585.88 -5,865.18 NET INCOME 37,067.45 38,920.83 40,866.87 42,910.21 45,055.72 47,308.51 Drafted by Bev Buysse, July 6, 2010 8 Item # 21 Attachment number 1 Page 9 of 9 Recommendations Raise Facility Rental Fee from $1050 for six hours to $1,200 for six hours and charge $200 per hour for additional hours. That would bring $62,400 if rented 52 times. Provide a monthly schedule with classes listed. Allow USCG to use facility on Monday evenings, rather than Sat & Sun mornings. This will provide the center with an opportunity to expand programs that generate funding. Review all contracts with outside organizations and instructors to ensure all insurance, certifications and licenses are current. Establish fees, rates or agreements for outside instructors to use the facility. Review current rates and fees Summary The Clearwater Community Sailing Center has the potential to become the premier waterfront facility in the state. By using sailing as the foundation, and expanding programs into other areas of non-motorized boating and water sports activities, the center will become the model for others to emulate. The location of the center with the protected harbor and access to the Gulf makes it a desirable location for both beginners and competitive sailors. It is a great location for regattas and competitive training for Olympic class sailors. By building on the current programs, with other watersports, revenues should increase, maintaining the affordability of the memberships while providing a diverse aquatic program. Drafted by Bev Buysse, July 6, 2010 9 Item # 21 Attachment number 2 Page 1 of 16 CLEARWATER COMMUNITY SAILING CENTER MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT, entered into this day of , 2010 by the City of Clearwater, Florida, as City, and Clearwater Community Sailing Association, Inc., as Manager. WHEREAS, City owns the real property and improvements consisting of approximately 3,658 square feet and located in Pinellas County, Florida, having an address of 1001 Gulf Boulevard, CLEARWATER FL 33767, and more particularly described in Exhibit A, attached and incorporated as a part of this agreement. Such property shall hereinafter be referred to as the "premises." WHEREAS, Manager agrees to manage the Clearwater Community Sailing Center under the terms and conditions described in this management agreement. 1. MANAGEMENT TERM. The term of this agreement shall be for five (5) years; which term will commence on the 1st day of October 2010, and shall continue until midnight on the 30th day of September 2015. No such renewal or extension shall be deemed a waiver by City of any breach or default, which may then exist. The extended term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the extended term period as herein above specified. The manager shall exercise the option for an extended term by notifying the City in writing at least one (1) calendar month prior to the expiration of the then current term. City shall have until the end of each term to review manager's performance and may deny renewal if manager is in default of any provision of this agreement. Failure to exercise the option for any period shall nullify the option for all subsequent periods. City, in addition to any other right of termination set forth in this agreement, may terminate this Management Agreement for any municipal need as determined by the City Council on sixty (6) days written notice. 2. RENT Base rent: Manager agrees to pay the City as rent during the initial term of this agreement the sum of Fifteen Thousand Two Hundred Sixty-one Dollars and Twelve cents ($15,261.12) annually, payable in equal monthly installments of One Thousand Two Hundred Seventy-one Dollars and Seventy-six cents ($1,271.76) per month, and payable in advance at the beginning of each successive monthly rental period. Manager shall pay rent and any additional rent as hereinafter provided to City at such place as City may designate in writing, without demand and without counterclaim, deduction or setoff. Item # 21 Clearwater Community Sailing Association Management Agreement 1 Attachment number 2 Page 2 of 16 3. SECURITY DEPOSIT. In addition to the first month's rent of One Thousand Two Hundred Seventy-one Dollars and Seventy-six cents ($1,271.76), which is due and payable on the first day of the lease, the manager shall pay $1,271.76 in advance as a deposit as security for the performance of manager's obligations under this agreement, including without limitation the surrender of possession of the premises to City as herein provided. If City applies any part of the deposit to cure any default of manager, manager shall on demand deposit with City the amount so applied so that City shall have the full deposit on hand at all times during the term of this agreement. 4. BLANK. 5. USE OF PREMISES. The premises are to be used by manager solely for the purposes and in the manner set forth in the business plan (Exhibit C) attached and incorporated as a part of this agreement, subject to City's reserved right to issue "fishing" permits allowing holders thereof to use specifically identified areas of the managed premises for fishing, subject to reasonable rules and regulations established by manager and approved by City. No other use can be made of the premises during the term without the written consent of the City. 6. UTILITIES. Water, sewer, electric and all other utilities of any kind shall be billed directly to manager and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of manager. 7. Building and Common Area Maintenance; Property Taxes City shall be responsible for building maintenance. The routine maintenance of the Property's common areas, such as but not limited to, hallways, bathrooms, rental rooms, offices, etc., shall be the responsibility of Manager. If Manager fails to maintain the Property's common areas in a satisfactory manner, seven (7) calendar days after the City has provided Manager written notice of the City's dissatisfaction with the Property's common area maintenance, and if the maintenance of the common areas has not improved to standard amenable solely to the City within the seven (7) calendar days after receipt of such notice, then at the City's sole discretion, the City may procure maintenance services for such common areas on Manager's behalf. The cost of which, shall be the responsibility of Manager. The City is responsible for paying the property taxes. 8. OBSERVANCE OF LAWS AND ORDINANCES. Manager agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and Item # 21 Clearwater Community Sailing Association Management Agreement 2 Attachment number 2 Page 3 of 16 regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 9. ASSIGNMENT OR SUBAGREEMENT. Manager shall not, without first obtaining the written consent of City, assign, mortgage, pledge, or encumber this agreement, in whole, or in part, or sublet the premises or any part thereof. City expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal representatives of manager, and on every person to whom manager's interest under this agreement passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate manager or to a transfer of the agreement hold interest occasioned by a consolidation or merger involving such manager. If the premises are sublet or occupied by anyone other than manager, and manager is in default hereunder, or if this management agreement is assigned by the manager, the City may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as manager, or a release of manager from further performance of the covenants herein contained. 10. ALTERATIONS AND IMPROVEMENTS. Manager shall not make any structural alterations or modifications or improvements which are part of the managed property without the written consent of the City, and any such modifications or additions to said property shall become the property of the City upon the termination of this agreement or, at City's option, the manager shall restore the managed property at manager's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the managed property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the managed property which cannot be removed without damage thereto. In the event manager desires to make any alterations or modifications, written notice shall be given to the City. Unless the City objects to such proposals by notice to manager within twenty (20) days after written notice from manager, the proposal shall be deemed approved. Manager shall have no power or authority to permit mechanics' or material men's liens to be placed upon the managed property in connection with maintenance, alterations or modifications. Manager shall, within fifteen (15) days after notice from City, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on manager's behalf. Not later than the last day of the term manager shall, at manager's expense, remove all of manager's personal property and those improvements made by manager which have not become the property of City, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this agreement shall be conclusively deemed abandoned and may be removed by City and manager shall reimburse City for the cost of such removal. Item # 21 Clearwater Community Sailing Association Management Agreement 3 Attachment number 2 Page 4 of 16 11. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the manager or owner thereof. The City shall not be responsible or liable to the manager for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby managed or any part of the building which the managed premises are a part of or any loss or damage resulting to the manager or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the City, its agents, servants or employees. 12. RIGHT OF ENTRY The City, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 13. RESTORING PREMISES TO ORIGINAL CONDITION. Manager represents that the premises managed are in good, sanitary and tenantable condition for use by manager. Manager's acceptance or occupancy of the managed premises shall constitute recognition of such condition. Manager hereby accepts the premises in the condition they are in at the beginning of this agreement and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The manager agrees to make good to said City immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of manager or of any person or persons in the employ or under the control of the manager. 14. INSURANCE. Manager agrees to comply with all terms, provisions and requirements contained in Exhibit "B" attached hereto and made a part hereof as if said document were fully set forth at length herein. 15. MAINTENANCE. City shall keep the foundation, outer walls, roof and buried conduits of the premises, including existing buildings, piers, and docks in good repair, except that the City shall not be called on to make any such repairs occasioned by the negligence of the manager, its agents, express or implied invitees, or employees. City shall maintain the city It#cP1 Clearwater Community Sailing Association Management Agreement 4 Attachment number 2 Page 5 of 16 property outside the fence from the sailing center building up to the bridge, while the manager will be responsible for the upkeep of the property within the fenced in area. Manager shall keep the inside of said premises and the interior doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. The manager shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the manager. Routine maintenance of the heating and air conditioning system and plumbing facilities shall be under the control of the manager, and manager agrees that all operation, upkeep, and repairs will be at manager's expense, except where the repairs shall be caused by the negligence or misuse by City or its employees, agents, invitees, or licensees, or by catastrophic failure, or in the event of expected life cycle replacement. In the event City pays any monies required to be paid by manager hereunder, City shall demand repayment of same from the manager and the manager shall make payment within ten (10) days of receipt of said demand. Manager's failure to make such repayment within the ten (10) day period shall constitute default under the terms of this agreement. City will assume responsibility for life cycle replacement of the heating/air-conditioning system, provided routine monthly maintenance has been performed. City will assume responsibility for life cycle replacement of the elevator, provided routine monthly maintenance has been performed. 16. DESTRUCTION OF PREMISES. In the event that the building should be totally destroyed by fire, earthquake or other cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such destruction, this management agreement shall be terminated. In the event that the building should be partially damaged by fire, earthquake or other cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the management agreement shall be void or voidable, but not terminated, except as otherwise provided herein. If the City intends to rebuild or repair the premises, he shall, within fifteen (15) days after the date of such damage, give written notice to manager of the intention to rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the destruction. However, City shall not be required to rebuild, repair or replace any improvements or alterations made by manager within the building. During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial destruction, the City may either terminate the agreement or continue with the agreement with a proportional rent rebate to manager. If City undertakes Item # 21 Clearwater Community Sailing Association Management Agreement 5 Attachment number 2 Page 6 of 16 to rebuild or repair, manager shall, at its own expense, restore all work required to be done by such manager under this agreement. 17. EMINENT DOMAIN. If the whole or any part of the premises hereby managed shall be taken by any public authority under power of eminent domain, then the term of this management agreement shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were managed, then from that day the manager shall have the right to either terminate this management agreement or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The parties agree that the manager shall not be entitled to any damages by reason of the taking of this agreement, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 18. SUBORDINATION. This agreement and the rights of the manager hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the City and any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the manager. The manager further agrees to execute any instrument of subordination, which might be required by mortgagee of the City. 19. DEFAULT; REMEDIES. (a) The manager further covenants that, if default shall be made in the payment of rent, or any additional rent, when due, or if the manager shall violate any of the other covenants of this agreement and fail to correct such default within fifteen (15) days after a written request by the City to do so, then the City may, at its option, deem this agreement terminated, accelerate all rents and future rents called for hereunder and manager shall become a tenant at sufferance, and the City shall be entitled to obtain possession of the premises as provided by law. (b) In case the managed property shall be abandoned, as such term is defined by Florida Statutes, the City, after written notice as provided by Florida Statutes to the manager, City may (i) re-enter the premises as the agent of the manager, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the managed property as the agent of the manager and receive the rent therefore and apply the same to the payment of such expenses as City may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and ex ems#?1 Clearwater Community Sailing Association Management Agreement 6 Attachment number 2 Page 7 of 16 of performance of the other covenants of manager as provided herein; or (ii) the City may, at its option, terminate this agreement by giving the manager fifteen (15) days' written notice of such intention served upon the manager or left upon the managed property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the manager shall never-the-less and thereafter be liable to the City for any deficiency between the rent due hereunder for the balance of the term of this agreement and the rent actually received by City from the managed property for the balance of said term. (c) The City, at its option, may terminate this agreement as for a default upon the occurrence of any or all of the following events: an assignment by manager for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against manager under any law for the purpose of adjudicating manager bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of manager; or the bankruptcy of the manager. Each of the foregoing events shall constitute a default by manager and breach of this agreement. 20. MISCELLANEOUS. (a) The City shall have the unrestricted right of assigning this agreement at any time, and in the event of such assignment, the City shall be relieved of all liabilities hereunder. (b) This contract shall bind the City and its assigns or successors, and the manager and assigns and successors of the manager. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the Marine & Aviation Director, shall constitute sufficient notice to the manager, and written notice sent by certified or registered mail or hand delivered to the office of the City shall constitute sufficient notice to the City, to comply with the terms of this contract. (e) The rights of the City under the foregoing shall be cumulative, and failure on the part of the City to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that manager shall use no signs in connection with the premises hereunder, except inside the building, which signs shall be subject to the prior approval of the City. Item # 21 Clearwater Community Sailing Association Management Agreement 7 Attachment number 2 Page 8 of 16 (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. (h) It is hereby agreed that if any installment of rent or any other sum due from manager is not received by City within five (5) days after such amount shall be due, manager shall pay to City a late charge equal to five percent (5%) of such overdue amount. The City shall not be required to accept any rent not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of rent. (i) Consumption of alcoholic beverages is to be confined to the fenced in area of the Sailing Center, with the gate closed, appropriate signage and enforcement to prevent alcoholic beverages from being removed from the premises. The sale of alcoholic beverages will be confined to three special events per year as stipulated by City ordinance. 21. SUBROGATION. The City and manager do agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the insurance carriers, by reason of any loss or damage to the managed property or property of City. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be considered or construed as a waiver or re-agreement by the City of any and all of the other covenants and conditions contained in this agreement to be performed by the manager. 22. PARKING SPACES. Manager shall have the right to use and control any and all legal parking spaces/areas on or about the managed premises subject to the needs of the City for special events deemed necessary for official city business. The City agrees to cooperate with manager in obtaining any and all permits for use and/or construction of parking spaces/areas within the bounds of the management agreement area. 23. INDEMNIFICATION. The Manager shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligftr4M;p21 Clearwater Community Sailing Association Management Agreement 8 Attachment number 2 Page 9 of 16 willful misconduct of the City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Manager's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Management in or about its premises whether or not based on negligence. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the City may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. Manager agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for all claims described in this section. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. 24. "AS IS" CONDITION. The manager accepts the managed premises on an "as is" basis, and City shall have no obligation to improve or remodel the managed premises, except as set forth above at paragraph 9(a). 25. CONSTRUCTIVE EVICTION. Manager shall not be entitled to claim a constructive eviction from the premises unless manager shall have first notified City in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless City shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 26. CLEAN UP EXPENSES. Extraordinary expenses for cleanup or trash removal for major regattas or non-routine functions shall be the expense of the manager. 27. SEVERANCE. The invalidity or unenforceability of any portion of this agreement shall in nowise affect the remaining provisions and portions hereof. 28. CAPTIONS. The paragraph captions used throughout this agreement are for the purpose of reference only and are not to be considered in the construction of this agreement or in the interpretation of the rights or obligations of the parties hereto. 29. NO HAZARDOUS MATERIALS. The manager herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be Item # 21 Clearwater Community Sailing Association Management Agreement 9 Attachment number 2 Page 10 of 16 located on the property, only upon the prior written consent of the City hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, manager expressly herewith agrees to indemnify and hold City harmless from any and all costs incurred by City or damages as may be assessed against City in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this agreement. This provision shall specifically survive the termination hereof. 30. CONFORMANCE WITH LAWS Manager agrees to comply with all applicable federal, state and local laws during the life of this Contract. 31. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 32. GOVERNING LAW. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank Hibbard Mayor Approved as to form: William B. Horne II City Manager Attest: Camilo Soto Cynthia E. Goudeau Assistant City Attorney City Clerk CLEARWATER COMMUNITY SAILING ASSOCIATION, INC. Attest: By: Print Name: Title: Print Name: Secretary Item # 21 Clearwater Community Sailing Association Management Agreement 10 Attachment number 2 Page 11 of 16 Exhibit A Commence at the Southwest corner of Section 17, Township 29 South, Range 15 East; thence N89°10'31 "E along the South boundary of said Section 17, a distance of 843.47 feet to a point of intersection with the centerline of the Gulf Boulevard Right-of-Way; thence N42°13'31"E along the centerline of said Right-of-Way a distance of 1983.25 feet to a point of curvature; thence along a curve to the left, said curve also being the centerline of the said Right-of-Way, having a chord bearing of N34°49'43"E, a radius of 1909.86 feet, a central angle of 14°47'32", an arc length of 493.07 feet, and a chord length of 491.71 feet to the Point of Beginning; thence N57°35'40"W along a non-radial line a distance of 50.19 feet to the point of cusp, of a non-tangent curve, said point also being on the west Right of Way line of Gulf Boulevard; thence along a curve to the left, said curve also being the said west Right of Way line of chord bearing of N25°58'24"E, a radius of 1859.86 feet, a central angle of 2038'32", an arc length of 85.77 feet, and a chord length of 85.76 feet; thence S61 °44'07"E along a non-radial line a distance of 137.96 feet; thence S25°51'33"W a distance of 95.81 feet; thence N57°35'40"W along a non-radial line a distance of 88.73 feet to the aforementioned Point of Beginning. Commence at the Southwest corner of SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, run N. 89°10'31" E., 843.47 feet; thence run N. 42°13'31" E. 886.07 feet, thence run S. 47°46'29" E., 50.00 feet to the Point of Beginning; thence run N. 42°13'31" E. 630.00 feet, thence run S. 47°46'29" E., 200.00 feet plus or minus to the Mean High Water Line of Clearwater Harbor; thence run along said Mean High Water Line to a Point, Said Point being the intersection of the Mean High Water Line and a Line having a Bearing of S. 47°46'29" E., from the Point of Beginning; thence run N. 47°46'29" W., 237.00 feet plus or minus to the Point of Beginning. ADDITIONAL LEASE TRACT: Commence at the Southwest Corner of Section 17, Township 29 South, Range 16 East; thence N89010'31"E, along the South boundary of said section 17, a distance of 843.47 feet to the centerline of Gulf Boulevard; thence N42°13'31"E, along said centerline, a distance of 886.07 feet; thence leaving said centerline S47°46'29"E, 50.00 feet; to the Easterly right-of-way line of Gulf Boulevard, thence N42°13'31"E, along said Easterly right-of-way line, a distance of 630.00 feet, to the point of beginning; thence continue N42013'1 3"E, along said Easterly right-of-way line, a distance of 100 feet; thence leaving said Easterly right-of-way , S47°46'29"E, to the Mean High Water Line of Clearwater Harbor; thence along said Mean High Water Line to a point on a line lying S47°46'29"E of the point of beginning; thence N47°46'29"W, along said line, to the point of beginning. Item # 21 Clearwater Community Sailing Association Management Agreement 11 Attachment number 2 Page 12 of 16 Exhibit B INSURANCE AND RISK OF LOSS LOSS CONTROL/SAFETY Precaution shall be exercised at all times by manager for the protection of all persons, including employees, and property. Manager shall be expected to comply with all laws, regulations or ordinances related to safety and health and shall make special effort to detect hazardous conditions and shall take prompt action where loss control/safety measures should reasonably be expected. The City may order work to be stopped if conditions exist that present immediate danger to persons or property. Manager acknowledges that such stoppage will not shift responsibility for any damages from manager to the City. BASIC COVERAGES REQUIRED Manager shall procure and maintain the following described insurance, except for coverage specifically waived by the City, on policies and with insurers acceptable to the City. These insurance requirements shall not limit the liability of manager. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect manager's interests or liabilities, but are merely minimums. Such coverages shall protect manager from claims for damages for personal injury, including accidental death, as well as any party directly or indirectly employed by manager. Except for workers compensation and professional liability, manager's insurance policies shall be endorsed to name the City as an additional insured to the extent of the City's interests arising from this Agreement. Except for workers compensation, manager waives its right of recovery against the City, to the extent permitted by its insurance policies. Manager's deductibles/self-insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. Manager is responsible for the amount of any deductible or self-insured retention. Insurance required of manager or any other insurance of manager shall be considered primary, and insurance of the City shall be considered excess, as may be applicable to claims which arise out of the Hold Harmless, Payment on Behalf of City, Insurance, Certificates of Insurance and any Additional Insurance provisions of this Agreement. Where no specific limit of coverage is mentioned in this Agreement, the minimum limit of insurance coverage required by the City shall be $500,000. Workers Compensation Coverage Manager shall purchase and maintain statutory workers compensation insurance for all workers compensation obligations imposed by state law and employer's liability limits of at least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease. Manager shall also purchase any other coverage required by law for the benefit of employees. Item # 21 Clearwater Community Sailing Association Management Agreement 12 Attachment number 2 Page 13 of 16 General, Automobile, And Excess Or Umbrella Liability Coverage Manager shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Commercial General Liability and Business Auto policies of the Insurance Services Office. Minimum limits of $500,000 per occurrence for all umbrella insurance making up the difference, if ar and the total amount of coverage required. liability must be provided, with excess or y, between the policy limits of underlying policies Commercial General Liability Coverage - Occurrence Form Required Coverage A shall include bodily injury and property damage liability for premises, operations, products and completed operations, independent contractors, contractual liability and liquor liability covering this Agreement, broad form property damage, and property damage resulting from explosion, collapse or underground (x, c, u) exposures. Coverage B shall include personal injury. Coverage C, medical payments, is not required. Manager is required to continue to purchase products and completed operations coverage, at least to satisfy this Agreement, for a minimum of three years beyond the City's acceptance of any renovation or construction projects. Minimum limits of $500,000 per occurrence for all umbrella insurance making up the difference, if ar and the total amount of coverage required. liability must be provided, with excess or y, between the policy limits of underlying policies Business Auto Liability Coverage Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. Excess Or Umbrella Liability Coverage Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverage. Excess or Umbrella Liability insurance shall include bodily injury and property damage coverage. Manager shall purchase and maintain Excess or Umbrella Liability coverage over and above its other liability coverage in the amount of $500,000. Property Coverage for Sailing Center The City shall maintain for the life of the Agreement, all risk/special perils (including sinkhole) property insurance (or its equivalent) to cover loss resulting from damage to or destruction of the sailing center, and its improvements, and any attached personal property or contents belonging to the City. The City, at its option, may self-insure this exposure. Flood Insurance City shall procure and maintain, flood insurance either for the insured value of any buildings or structures located on the managed premises or the maximum amount of flood insurance available through the National Flood Insurance Program. Item # 21 Clearwater Community Sailing Association Management Agreement 13 Attachment number 2 Page 14 of 16 EVIDENCE/CERTIFICATES OF INSURANCE Required insurance shall be documented in Certificates of Insurance that provide that the City shall be notified in advance of cancellation, non-renewal or adverse change. New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage renewals. If requested by the City, manager shall furnish complete copies of manager's insurance policies, forms and endorsements. For Commercial General Liability coverage, manager shall, at the option of the City, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of manager's obligation to fulfill the insurance requirements herein. Item # 21 Clearwater Community Sailing Association Management Agreement 14 Attachment number 2 Page 15 of 16 u 4 }.rr. A, a"a k? I _ ??n7 V, ?y L A Y W Q Item # 21 Attachment number 2 Page 16 of 16 Item # 21 Clearwater Community Sailing Center Management Agreement Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm increasing the Blanket Purchase Order (BR505834) with Left Coast Excavation Inc. from $100,000 to $150,000 for additional labor and materials to install concrete at various Parks and Recreation sites and projects. (consent) SUMMARY: The City entered into a blanket purchase order (BR505834) with Left Coast Excavation Inc., as the low bidder, for the installation of concrete sidewalks, pads, and curbs for Fiscal Year 2009/10. Staff is in the process of preparing an RFP for concrete construction work for Fiscal Year 2010/11, however, it will not be completed in time to do many of the additional concrete jobs that are needed this Fiscal Year. Left Coast has been a very responsive and acceptable contractor. Staff is requesting the blanket purchase order be increased by $50,000 to cover any additional work needed until a new bid can be secured. It is not anticipated that Parks and Recreation will need the entire $50,000, however, in case of an emergency the department requests the flexibility to use if needed. In order to continue maintenance and construction projects during the remainder of the year, the City Manager approved increasing Left Coast contract from $100,000 to $150,000. Appropriation Code Amount Various Codes $50,000 Bid Required?: No Appropriation Comment Increase blanket purchase order by $50,000 Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 22 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm the establishment of a new Capital Improvement Project entitled Ross Norton Ballfield Improvements, CIP 315-93619, for $35,000 to be funded from a $25,000 grant from the Rays Foundation and transfer of operational funds of $10,000 to the new project. (consent) SUMMARY: Part of the normal operating budget for the City athletic fields is the periodic renovation of said fields. The Ross Norton Ballfields were scheduled for some normal maintenance activities to improve the infields, warning tracks, foul line poles, etc. for a total cost of approximately $10,000. The Rays Foundation has a grant program to assist in the development and improvement of youth baseball facilities, to provide enhanced opportunities for youth to play baseball. The Director of Parks and Recreation has entered into a Letter of Understanding with the Rays Foundation to accept $25,000 for the improvement of the Ross Norton Ballfields. Improvements to be made with the funds from the Rays include shade shelters for the spectator areas, improved backstop fencing from softball to baseball backstops and landscaping to provide a batters eye for the western field. Work is currently underway and will be completed by the end of August 2010. Capital project 315-93619, Ross Norton Ballfield Improvements, in the amount of $35,000 will be established by a third quarter budget amendment recognizing the $25,000 grant from the Rays Foundation and transferring $10,000 from operating budget 010- 01870-550400-572-000 to the new project Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes Establish new CIP 315-93619 by transferring $10,000 from 010-01870 and receiving $25,000 grant from Rays Foundation. Current Year Cost: $35,000 Annual Operating Cost: -0- Not to Exceed: $35,000 Total Cost: $35,000 For Fiscal Year: 2009 to 2010 Appropriation Code Amount Appropriation Comment 315-93619 $35,000 Third Quarter Transfer Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6)lteff VlaRger 7) Clerk Attachment number 1 Page 1 of 6 MEMORANDUM OF UNDERSTANDING FOR FUNDING OF BASEBALL AND SPORTS COMPLEX AT CLEARWATER'S ROSS NORTON FIELDS This Memorandum of Understanding (the "Memorandum") is made as of this day of August 2010, ("Effective Date") by and between the City of Clearwater, Florida (the "City"), a municipal corporation of the State of Florida, with principal offices at 112 S. Osceola Avenue, Clearwater, Florida 33756-5103, and The Rays Baseball Foundation, Inc. (the "Foundation") a not-for-profit corporation organized, existing and in good standing under the laws of the State of Florida and a 501(c) (3) charitable organization pursuant to the provisions of the United States Internal Revenue Code, with principal offices at Tropicana Field, One Tropicana Drive, St. Petersburg, Florida 33705. WHEREAS, The Foundation is the official charity of the Tampa Bay Rays (the "Rays"); and WHEREAS, the City owns that certain property known as Ross Norton Fields in Clearwater, Florida, (the "Property") as more particularly described in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, in exchange for the funding by the Foundation, it is the intent of the Parties that the City renovate sports fields (the "Project" and the surrounding area being collectively referred to as the "Complex") on the Property in accordance with the terms and conditions as provided for herein. NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree as follows. 1. RECITALS. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. BACKGROUND. The Foundation, among its various charitable causes, has established the Rays Baseball Foundation Field Renovation Program (the "Program"). Pursuant to the Program, the Foundation endeavors to provide new or renovated baseball fields to various communities throughout the Tampa Bay region and, in addition to providing funding requirements, to establish municipal and corporate partnerships whereby a new or renovated baseball field is the end result and benefits the community. The City and the Foundation have had discussions about the Project, and as a result, the Project has been selected for inclusion in the Program for 2010. 1 Item # 23 Attachment number 1 Page 2 of 6 3. SCOPE OF THE PROJECT; PROJECT COST. The City has agreed to perform, or to obtain contractors and/or subcontractors (collectively, the "Contractors") to perform, all construction and other services (the "Services") required for the Project. All costs associated with the Project, including without limitation all amounts owed to the Contractors in connection with the Services, shall be the exclusive responsibility of the City. The Foundation's sole responsibility with respect to the Project shall be to provide a cash grant to the City in the amount of $25,000, said sum to be paid in two equal installments (the "Installments") of $12,500 each. The Installments shall be paid to the City as follows: (a) the first Installment shall be paid within ten (10) days after all required approvals for the Project have been obtained by the City, including applicable development and permit approvals, and after written notification has been provided by the City to the Foundation that all such approvals have been obtained (the date of such notification being hereinafter referred to as the "Approval Date"); and (b) the final Installment shall be paid within ten (10) days after the "Completion Date" (as that term is defined below) and written notification has been provided by the City to the Foundation that the Completion Date has occurred. The overall design, specifications and scope (collectively, the "Project Scope") of the Project shall be determined by the City and shall be subject to the written approval of the Foundation, said approval not to be unreasonably withheld. After such approval has been obtained from the Foundation, the Project Scope may not be modified or amended in any way without the prior written consent of the Foundation. 4. RELATIONSHIP OF THE PARTIES. (a) Construction; Sponsors; Maintenance. The City will be solely responsible for all aspects of the work and construction involved with the Project; including the means and methods by which such work is performed. The City acknowledges and agrees that the role of the Foundation and the Rays with respect to the Project is strictly limited to those rights and responsibilities specifically set forth in this Memorandum, and that neither the Foundation nor the Rays shall be involved in performing, supervising or overseeing the construction of the Project. The City shall be solely responsible for soliciting and securing Contractors through its normal bid and purchasing processes as required by the Code of Ordinances of the City of Clearwater and other applicable law, rules of regulations. The City agrees to involve and consult with the Rays' head groundskeeper and his staff in certain specialized aspects of the Project, including without limitation the following: setting the pitching mound and rubber; setting home plate; setting the base sleeves and bases; and the initial dragging of the infield. Prior to commencement of construction, the City will prepare a written maintenance plan (the "Plan") for the Complex and will submit the Plan to the Foundation for approval. Construction will not commence until the Plan has been approved by the Foundation. 2 Item # 23 Attachment number 1 Page 3 of 6 The City agrees that the Project shall be completed by no later than August 31, 2010, with the exception of a Force Maj eure, as hereinafter defined, in which case, the Project Completion Date shall be extended by the length of the delay resulting from said Force Maj eure. At such time as the Project has been completed, as determined by the City (the "Completion Date"), the City will so advise the Foundation, and at all times thereafter the City agrees to take appropriate measures to ensure that the Complex is appropriately, adequately and permanently maintained as reflected in the Maintenance Plan. City shall maintain, or provide through self-funding, insurance in line with insurance carried for comparable city-owned facilities, with evidence thereof to be provided to the Foundation on an annual basis or upon request by the Foundation, and shall otherwise keep and maintain the Complex [including the "Signage" (as that term is defined below)] in excellent and safe condition and repair. (b) Sponsors; Signage; Media Events; Naming Rights. (1) The Rays shall have the right to designate up to three parties (collectively, the "Sponsors") as sponsors of the Project, said Sponsors to be determined by the Rays in their reasonable discretion and with the Sponsors' involvement in the Project and with the Project to be strictly limited to those matters specifically set forth in this Memorandum. The City agrees to use its reasonable efforts to organize and conduct, in conjunction with the Rays, one or more projects whereby employees of each of the Sponsors would engage in a volunteer activity at the Complex. (2) As part of the Project Scope, and at all times after the Project is completed, the City shall, in accordance with the City Code of Ordinances, Development Code, or other applicable law, be required at the City's expense to place at and around the Complex the following signage (collectively, the "Signage"): (a) a sign for each of the Foundation and the Sponsors [i.e. a total of up to four (4) signs] (collectively, the "Outfield Signs") on the Project's outfield fence (the "Outfield Fence"), with the size, content, design and specific locations on the Outfield Fence of the Outfield Signs to be determined by the Foundation in its reasonable discretion and subject to the reasonable approval of the City and in accordance with applicable law as referenced above; and (b) a permanent sign at a location within the Complex, and the size and design thereof, to be mutually determined by the City and the Foundation, in accordance with applicable law, with it being agreed that the intent of said sign shall be to recognize the partnership of the City, the Foundation, the Rays and the Sponsors with respect to the construction of the Complex. 3 Item # 23 Attachment number 1 Page 4 of 6 (3) The Foundation, in conjunction with the Rays and the details thereof to be subject to the reasonable approval of the City, shall organize and conduct the following media events regarding the Project, as follows: (a) Following the Completion Date, a dedication of the Complex to the community (it is currently anticipated that this event will occur September, 2010). 5. BUDGET ALLOCATIONS. The obligations of the parties are subject to appropriate budgeted funds being available in each budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted funds are not available in a subsequent fiscal year, this Agreement shall terminate on the last day of the fiscal year for which sufficient budgeted funds are available without penalty to either of the parties. 6. RECORD RETENTION. All documents related to this agreement are public record and shall be retained and provided as required by law. 7. COMPLIANCE WITH THE LAW. Both Parties shall comply with all federal, state, county, and local laws, regulations, and ordinances at all times. 8. DISCRIMINATION PROHIBITED. The Parties shall, during the performance of this agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. 9. ASSIGNMENT. This agreement may not be assigned without the consent of the City and the Foundation. 10. SEVERABILITY. Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable of any other section or any part of any section of this Agreement. 11. AMENDMENTS. 4 Item # 23 Attachment number 1 Page 5 of 6 This Agreement constitutes the entire Agreement between the Parties, and no change will be valid unless made by supplemental written agreement executed by both Parties. 12. NOTICES. All notices, requests, demands, or other communications required by law, or this Agreement shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, to the Director of the Capital Improvement Program (CIP) and Production whose address is sent forth below, or upon the actual date of delivery, if hand delivered to the Project Manager, Paul Bellhorn. Kevin Dunbar, Director of Parks and Recreation 100 South Myrtle Ave. Clearwater, Florida 33756 Suzanne Murchland Rays Baseball Foundation One Tropicana Drive St. Petersburg, FL 33705 13. NON-WAIVER. No act of omission or commission of either Party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. 14. AUTHORITY. Each Party to this Agreement represents and warrants to the other Party that (i) it is duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same and fully bind the Party on whose behalf they are executing. This Agreement is subject to approval by the Parties. 15. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with Florida Law. 16. FORCE MAJEURE. Neither "City" nor "the Foundation" shall be liable to the other for any failure to perform pursuant to the terms and conditions of this Agreement to the extent such performance was prevented by an event of Force Majeure. The term "Force Majeure" shall mean causes not 5 Item # 23 Attachment number 1 Page 6 of 6 within the control of the party whose performance is affected including, without limitation, Acts of God, strikes, lockouts, or other industrial disturbance, acts of the public enemy, wars, blockages, insurrection, riots, epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, arrests and explosions or breakage. The party whose performance is excused by an event of Force Majeure shall promptly notify the other party of such occurrence and its estimated duration, shall promptly remedy such Force Majeure if and to the extent reasonably possible and shall resume such performance as soon as possible. IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. DATED the day of Approved as to form: Laura Lipowski Mahony Assistant City Attorney RAYS BASEBALL FOUNDATION, INC. By: Title: 20 CITY OF CLEARWATER, FLORIDA By: Kevin E. Dunbar Director, Parks and Recreation Dept. 6 Item # 23 I `? 1 G Y 2? ?I Y f l It ? ,w ry Yn L ' ?1. t yY?` yF I, A7j f r t? si ' I ? I I I I Attachment number Page 1 of 1 M x t Item # 23 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/5/2010 Approve an increase to an existing three-year contract (purchase order BR504735) to Polydyne, Inc., of Riceboro, GA, increasing the contract by $169,869.28, for a new total value of $709,869.28 for Polymer Services (RFP 12-08), and authorize the appropriate officials to execute same. (consent) SUMMARY: Polymer is used at the City's three Advanced Wastewater Treatment Facilities to thicken biosolids and reduce the amount of water in the final cake, thereby reducing the cost required to haul and dispose of the biosolids. The City advertised the Request for Proposal (RFP 12-08) and required that the potential polymer suppliers perform trial runs with their proposed products. The submitted price for the product and dewatering effectiveness on Clearwater biosolids (as per trial results) combine to make Polydyne the most cost effective provider. Additional funds are requested to be added to purchase order BR504735 at this time. Extra polymer has been needed to accomplish sufficient thickening and dewatering to minimize the cost of hauling the final biosolids cake for disposal due to aging sludge thickening and drying equipment. The rotary drum thickeners have been recently rebuilt in-house. However, the filter belt presses are approaching the end of their useful service life and continue to require additional polymer to achieve acceptable results. The replacement of this equipment is in design, but the construction has been delayed to evaluate this project in combination with a future Performance Based Contracting wastewater treatment audit. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund $35,628.01 of the current year cost of this contract increase and is planned in the budget request to be brought forward for Fiscal Year 2010/2011 in the amount of $134,241.26. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: 35,628.01 For Fiscal Year: Appropriation Code 0421-01351-551000-535-000- 0000 2008 to 2011 Amount 35,628.01 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment FY 09/10 None 709,869.28 0421-01351-551000-535-000- 134,241.26 FY 10/11 0000 Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 24 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a Fire Hydrant and Utility Easement over, under and across a portion of the plat of 440 West, a condominium, as conveyed by 440 West, Inc. in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) SUMMARY: During reconstruction of South Gulfview Boulevard, the fire hydrant at 440 South Gulfview needed to be moved out of the City's right of way to provide a clear path for the new sidewalk. The Board of Directors of the condominium homeowners association at 440 West granted a perpetual easement over the subject property, approximately 5 feet by 6 feet. The hydrant has been relocated into the easement and is operational, for an additional project cost of $2,257.00. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 4 I-, t.? I II irc; l Nis l I' FiRZE HYDRANT & UTILITY EASEMEEN" FOR AND IN CONSIDERATION t Ih, u11 i , r[ , ll ?j to it ? I?? of which 3s he[' ll- l d?- !I 'J t '' L 'I1 ?I 440 VVESTT, INC,,,i FNSi:da riot-four-profit";?,)iu,_?I,,-)tI:)i- 4151U `v'Voodlands Parkway:, Palm Harbor, F1 `46<1i- . 0?? lfll ?( l' 1 Ill:. That portion of 4CI VVES'T. ;or?e7c?r??€rlsiin?, as ri.?cr>,d,--J Page 27, u3 the public rr c_'o'dC9 of F'lM21las E.CbWIty, and depic;ti d in EXHIBIT "A.", Pages I ,,md 2- app(?nd d h olot carsd i)V till a par! tl;?rfY)f I it ? i!i` ? ? 1 I' ?I' I I ,? I' If I,: i1 'I I I 1 11; 1 I P N 71 rr h' J 7I r )f t II .,.II'. '.1 { `11 1j ! , Item # 25 Attachment number 1 Page 2 of 4 Lily ?I I I ,r T'r'y ? r r n{Ii ? I i 4'!u Wt ST', Na 8"44.??"f??C B y'. ', !-F I I Item # 25 Attachment number 1 Page 3 of 4 v EXHIBIT "'A" Item # 25 Attachment number 1 Page 4 of 4 ail ?III? II is not EXHIBIT "A" NORTH 11 70 1 i E_ 1 F j u ii, I I -I k 6??f q- ' L F 7 R 0 O r Attachment number 2 Page 1 Of 1 SECOND Sr J0? 0 THIRD ST T r` wwww.? ?r ?I o 0 0 FIFTH ST p f? 3 x I l- u ?r 7\ EASEMENT Joao ' LOCATION s 0 DEVON-DR .... ITER DRWW ????'I?YIYIYI?II BAYSIDE DR BAY?ar et ?a LL ° Clearwater 440 West: Fire Hydrant and Utility Easement Legend :,,,:ClearwaterServiceArea Panel Boundary Bldg Footprint Waterbodies " N W E Prepared by: Engineering Department Geographic Technology Division Outside CLWTR City limits Ite m # 2 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. com Map Gen By: JHH Reviewed By: EB Date: 6/24/2010 Grid #: 276A S-T-R: XX-XXs-XXe Scale: N.T.S. ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a 2.5-foot Sidewalk Easement over, under, across and through a portion of Section 8, Township 29 South, Range 15 East as conveyed by Decade Companies Income Properties, LLC in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) SUMMARY: On July 21, 2009, the Community Development Board approved a site plan for Decade Companies Income Properties to construct a 108-unit overnight accommodations development at the intersection of Coronado and Devon Drives. The approval required that the developer grant the City a perpetual easement for sidewalk and underground utility installation within an existing 2.5-foot public sidewalk encroachment upon the development site. The subject easement fulfills the aforementioned requirement, formally acknowledging the existing sidewalk and underground utilities encroachment, and establishing perpetual authority for the City to repair, maintain and replace at City discretion. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 6 y - _ RE ?ild 1 ! ?? V VA i_ D E ... ? D • s ?1 L' ..i 1 i '?.. 1 s C S _ --E ?11C P fl"1 - I ? L' Item # 26 Attachment number 1 Page 2 of 6 t?s ai r, Df; ST Al' 1= i Item # 26 Attachment number 1 Page 3 of 6 I i r., Attachment number 1 Page 4 of 6 Attachment number 1 Page 5 of 6 0 2 Th t ;c.. T r -J is ? cit. Item # 26 Attachment number 1 Page 6 of 6 h, , N;.. s this ? a: Item # 26 Attachment number 2 Page 1 Of 1 g a Q Q o Q o f Q ? ¢ o - i i' 4 Q _. .... --- ----------- - . s CAUSEWAY BLVD MEMORIAL CSWY - - r4, EASEMENT LOCATION 0 0 0 SECOND ST " o - - ,. w DEVON DR -- °-- --- THIRD ST ,,,,,,,,, r 1 0 BRIGHTWATER DR? 'b FIFTH ST t h e r BAYSIDE DR u 0 L,L Clearwater DCIP LLC: ? Sidewalk Easement -101 Coronado Legend Clearwater Service Area r ° Parcel Boundary ` ? Bldg Footprint Waterbodies " N W E Prepared by: Engineering Department Geographic Technology Division Outside CLWTR City limits Ite m # 2C 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. com Map Gen By: JHH Reviewed By: EB Date: 7/8/2010 Grid #: 276A S-T-R: XX-XXs-XXe Scale: N.T.S. City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:8/5/2010 Approve a King Engineering Associates, Inc. work order in the amount of $779,978.00 to provide planning, design, permitting and other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT); approve a grant from the U.S. Environmental Protection Agency in the amount of $477,000; and authorize the appropriate officials to execute same. (consent) SUMMARY: This Agenda Item provides for updated planning, design services, and permitting for the construction of new sanitary sewer system to connect areas thatare currently served by septic tanks as identified in the City's Sewer System Expansion Feasibility Study of 2002. This project will target the Idlewild and The Mall areas of Clearwater; the main portion of the project is located north of Sunset Point and east of Douglas Avenue and is bounded to the north by Union Street, and east by King Highway. The new system will connect approximately 450 residential customers to the City's sanitary system. The grant between U.S. Environmental Protection Agency and the City of Clearwater will reimburse up to 55 % of design and engineering services not to exceed $477,000, which is under the Federal Special Appropriations Projects (SPAP) Program. The design phase is anticipated to be complete by June 2011, with the construction phase scheduled for completion by October 2013. King Engineering Associates, Inc. is one of the City's Engineers-of-record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. A third quarter amendment will increase the budget in Capital Improvement Program (CIP) project, 0315-96630, Sanitary Sewer Extension for the grant from U.S. Environmental Protection Agency in the amount of $477,000 under the Federal Special Appropriations Projects (SPAP) Program. The remaining balance of $302,978 to complete the work order is available in CIP 0315- 96630, Sanitary Sewer Extension, as well as an additional $87,295 for other incidentals such as permits and testing. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $779,978.00 Annual Operating Cost: Not to Exceed: $779,978.00 Total Cost: For Fiscal Year: 2009 to 2010 Yes $779,978.00 Appropriation Code Amount Appropriation Comment 0315-96630-561300-535-000- $779,978.00 See Summary 0000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6)&4, Eger 7) Clerk Item # 27 Attachment number 1 Page 1 of 14 ENGINEERING ASSOCIATES, INC. Date June 11, 2010 PROJECT TITLE: Project Number: 2110-202-000 City Project Number: 10-0034-UT 2. SCOPE OF SERVICES: King Engineering Associates, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Idlewild/The Mall Sanitary Sewer System Preliminary Engineering, Design and Permitting The City's Sewer System Expansion Feasibility Study completed in 2002 indentified areas within the City's wastewater service area that are currently served by septic tanks. The Study also provided planning level estimates of the capital costs to expand the sewer system to provide wastewater service to these areas. In July 2008, the City applied for a Federal Special Appropriations Projects (SPAP) grant for the expansion of its wastewater collection system to serve an area identified as "Idlewild/The Mall", which are the two top ranked areas in the Study, and the grant, in the amount of $477,000, has recently been approved by U.S. Environmental Protection Agency (EPA) Region 4. Clearwater has additionally been appropriated $500,000 in the 2010 Interior and Environment Appropriations Bill (PL 111-88), which will also be used to fund the proposed project. Idlewild/The Mall consists of low-medium and medium density residential development. Most of the 450 lots were developed in the 1950s and although provided with City potable water, do not have City wastewater service but rather onsite disposal (septic) systems. Over the years, a majority of these septic systems have fallen into a state of disrepair. As a result, septic system overflows and marginally treated effluent are a common occurrence, creating a pathway for human exposure to raw sewage and for raw or partially treated wastewater to enter groundwater and public water bodies. The project area is adjacent to the Spring Branch tributary of Stevenson Creek, a 303(d) listed waterbody that is verified by the Florida Department of Environmental Protection (FDEP) as impaired for fecal coliforms and dissolved oxygen. The project consists of extending the City's sanitary sewerage system into Idlewild/I1te Mall and abandoning 450 septic systems. Once connected to the City sewer system, wastewater from the area will be conveyed to the City's Marshall Street Advanced Pollution Control Facility (MSAPCF). Treated wastewater from the MSAPCF supplies the City's public access reclaimed water system with excess flows discharged to the tidal segment of Stevenson Creek. Page 1 of 14 Item # 27 Attachment number 1 Page 2 of 14 The Work Order authorizes King Engineering Associates, Inc. (King) to provide planning, design, permitting and other services related to evaluating the project, preparing Contract Documents for advertisement for public bid and other services necessary to satisfy the requirements of the Federal grant. Task 1: Project Coordination • Prepare a project specific Project Management Plan (PMP) establishing team members and responsibilities, lines of communication, project delivery schedules and project budgets. • Coordinate the activities of the King's staff and subconsultants with those of the City and administer communications among the project team members and with the City's staff. • Prepare for and attend up to eighteen monthly status meetings during the course of the work. • Maintain and update monthly project schedules and status reports • Administer a quality assurance program covering the technical work of the project team. • Assist the City with EPA grant coordination. Task 2: Sewer System Expansion Feasibility Study Update King will update the City's Sewer System Expansion Feasibility Study completed previously in 2002. In general, tasks will include updating the existing conceptual designs, creating new conceptual design maps and updating the construction cost estimates and Analysis of Financial Impact. Specific tasks include: L Reviewing previously identified areas with the City to determine areas or streets that have been provided service since the study was completed; II. Updating projected flows and number of connections; III. Updating the already developed conceptual design maps; IV. A cursory evaluation of the existing sewer system to re-confirm that the expansion areas can be added to the system without major cost; V. Updating the Priority Improvement Determination Matrix for the proposed expansion areas; VI. Developing conceptual level estimates of construction costs for the areas identified to be served; VII. Updating the Analysis of Financial Impact including: A. Adjusting the current FAMS XL Model from the FY 10 Rate Study to accurately model four (4) sewer system expansion marginal cost scenarios and analyze impacts to the current five (5) year financial management plan which will include the following: • Capital Improvement Program Page 2 of 14 Item # 27 Attachment number 1 Page 3 of 14 o Project listing by year o Optimum funding source by project by year o Borrowing program, as applicable • Revenue Sufficiency Analysis • Sources and Uses of Funds Analysis • Funds Analysis B. An optimization analysis to determine if an acceptable level of rate increases can be achieved. C. A Present Value Analysis VIII. Development of a draft of the updated study report for review by the City, a meeting with the City to review comments, and finalization of the report. IX. Presentation of the report to the City Council. It is assumed that: 1. The City will provide copies of the sewer system conceptual design maps and other information originally provided in the Appendices of the original study. 2. Areas to be served and the conceptual designs will remain the same, adjusted for those areas or streets served since the report was originally developed. 3. Assumptions in the original report will remain the same, except that buildout will be assumed to be in a later year. Task 3: Locate Existing Septic Systems Working with a licensed septic system company, King will locate as closely as possible the existing septic systems and sewer laterals at each of the 450 existing homes/commercial establishments. The specific approach will be as follows: I. Once the Sewer System Expansion Feasibility Study Update, cost estimates and other related items are addressed, King will draft a letter to each property owner: A. Informing them of the project and the need to locate the property's septic tank and sewer lateral; B. Providing a person to contact if they have questions or information regarding the location of the above; C. Informing them that door hangers will be placed on each building informing the resident of a time when a firm hired by the City will Page 3 of 14 Item # 27 Attachment number 1 Page 4 of 14 need to access the home/back yard. The door hanger package will also include a flag that the resident can place in the ground if they know where the septic tank is and another flag that can be placed at a cleanout or over the sewer lateral; D. Other items deemed necessary by the City. The letter will be printed and issued on City letterhead with wave logo. II. The septic company will send a representative to each lot to locate the lateral and the septic system. The lateral will be potholed to obtain a depth to the top of the pipe and the pipe size and material. The depth and location of the lateral will be written on a drawing along with the location of the septic tank. III. Existing grade at the lateral pothole location will be surveyed under Task 5 in order to approximate the invert of the lateral. Task 4: Ecological Services L Jurisdictional Wetland Determination In consideration that the proposed project is situated adjacent to Stevenson Creek, it will be necessary to delineate the jurisdictional limits of the creek system and any associated surface water (ditch) drainage areas. If it is determined that the creek system is tidally influenced in this area, the extent of regulatory wetland/surface water jurisdiction may be determined based on the established Mean High Water (MHW) elevation in the vicinity of the project area. King will conduct preliminary field assessment of the project area to determine the extent of wetland and surface water areas within or adjacent to the defined project area, and will field delineate/stake the jurisdictional limits in accordance with regulatory agency criteria. If it is verified that a MHW elevation has already been established in the project vicinity, King Survey crews will field stake a line representing the MHW elevation at appropriate intervals along the project alignment for field comparison by King Ecologists. II. Preliminary Listed Species Assessment King environmental scientists will conduct a series of pedestrian transects within the proposed project area, the purpose of which is to identify the conspicuous occurrence or potential occurrence of wildlife species considered to be endangered, threatened, or species of special Page 4 of 14 Item # 27 Attachment number 1 Page 5 of 14 concern as listed by the Florida Fish and Wildlife Conservation Commission (FWC) and/or the U.S. Fish and Wildlife Service (USFWS). Computer data searches will be conducted for FWC bald eagle nesting site locations, Florida Breeding Bird colonies and FNAI/FWC database of occurrences for other listed species or their habitats. The approximate location of listed species observed in the field and/or detected in the data searches will be noted on an aerial photograph depicting the project area. The methods and results of the field effort will be summarized in a letter report form. Depending on the results of the initial listed species assessment, additional/subsequent assessments may be required in order to adequately survey for specific breeding/nesting activity by certain observed or potentially occurring listed wildlife species. In Pinellas County, considering the project location and habitat types within or adjacent to the project, such surveys may be required to determine the onsite presence, nesting occurrence or population size of the Gopher Tortoise, Bald Eagle and/or Wood Stork, among others. With the exception of the gopher tortoise, surveys for the aforementioned species are typically conducted during the recognized breeding season for each in order to document the presence and location of any nesting activity, to the extent that such presence could have an effect on project implementation. Subsequent surveys may also be required if certain listed species are documented to occur in the project vicinity in order to provide assurance to the regulatory agencies that no active nests or young animals will be inadvertently "taken" or "disturbed" by the proposed activity. In the event that initial or follow-up wildlife surveys detect the presence of listed species within the project area, such that proposed project activities may affect such species, it will be necessary to coordinate with the FWC, USFWS and/or other regulatory agencies to obtain permits or clearance prior to initiation of project activities. The extent of this agency coordination, permitting and listed species management planning cannot be estimated at this time. As such, an allowance has been included in the project fees to be used on an "As- Needed" basis with the City's approval. Task 5: Surveying I. Establish survey horizontal control in the North American Datum of 1983/90 and vertical control in the North American Vertical Datum of 1988 (NAVD 88); IL Perform a topographic survey within the public right-of-way of all streets included in the project area. Survey will extend 10 feet beyond the right- Page 5 of 14 Item # 27 Attachment number 1 Page 6 of 14 of-way on both sides of the street, except for Union Street on which the survey will extend from the roadway centerline to 10 feet beyond the south right-of-way line. Survey will include: A. Cross sections every 50' plus grade breaks, driveways, and sidewalks. Material of driveways, sidewalks and curbs will be recorded; B. Above ground utilities and utility markings, paint marks, flags, etc; C. Valve boxes and elevations on top of the valve nut; D. Trees >4 inches in diameter within the design corridor and 10 feet beyond the right-of-way; E. Existing manhole cover location(s) and elevation(s), inverts, pipe sizes and pipe material; F. Storm pipe size, inverts and material of construction; G. Existing monumentation to establish right-of-way limits; H. Jurisdictional/wetland or MHW lines; 1. Horizontal location and depth or elevation of the top of the existing sewer lateral at each lot; J. Horizontal location of located existing septic systems; K. Building finished floor elevation, recorded at the front door; L. Geotechnical test boring locations. Aerials of the project area will be provided by the City. III. A specific purpose jurisdictional survey of the established MHW line and/or located jurisdictional line points will be prepared in accordance with Chapter 61G17-6, FAC. If necessary, King will submit signed and sealed copies of the Wetland Surveys to the FDEP and Corps, as appropriate, to obtain their approval of the Jurisdictional Delineation. IV. If necessary, Subsurface Utility Engineering (SUE) services will be provided to locate and survey existing utilities unable to be located by conventional surveying and in potential conflict with the proposed system. Fees allow for a maximum of 4 working days of field crew time (±25 holes). Task 6: Alternatives Analysis Report King will develop an Alternatives Analysis Report for providing wastewater service to the Idlewild/Mall area. Although EPA has granted the project a Categorical Exclusion from having to develop an Environmental Impact Document (EID), the structure and content of the report will be based on EPA requirements for such an EID. The report structure and content will be as follows: Page 6 of 14 Item # 27 Attachment number 1 Page 7 of 14 L Executive Summary IL Purpose and Need for the Proj ect III. Existing Environment IV. Calculation of Wastewater Flows V. Existing System Connections Locations VI. Alternatives Analysis A. Gravity Sewer System 1. System Configuration 2. Benefits and Drawbacks 3. Environmental Impacts and Mitigation 4. Required Permits 5. Estimate Costs B. Low Pressure Sewer System 1. System Configuration 2. Benefits and Drawbacks 3. Environmental Impacts and Mitigation 4. Required Permits 5. Estimate Costs C. Vacuum Sewer System 1. System Configuration 2. Benefits and Drawbacks 3. Environmental Impacts and Mitigation 4. Required Permits 5. Estimate Costs D. STEP System 1. System Configuration 2. Benefits and Drawbacks 3. Environmental Impacts and Mitigation 4. Required Permits 5. Estimate Costs E. "No Action" Scenario 1. System Configuration 2. Benefits and Drawbacks 3. Environmental Impacts and Mitigation 4. Required Permits 5. Estimate Costs VII. Recommendations VIII. Project Schedule The report will be submitted in draft format for City review and will be finalized following a review meeting with the City. Task 7: Geotechnical Services Page 7 of 14 Item # 27 Attachment number 1 Page 8 of 14 Upon completion of the Alternatives Analysis Report, a geotechnical exploration program will be conducted in the project area. The following scope is based on a gravity sewer system consisting of approximately 70 manholes ranging from 4 to 25 feet deep plus one pump station with a 30' deep wet well. The scope of testing will be adjusted based on the results of the Alternatives Analysis Report. Specifically, the program scope includes: • One (1) Standard Penetration Test (SPT) boring at each of approximately 70 manholes. Anticipated boring depths will be between 10 and 35 feet for the manholes and one (1) boring to a nominal depth of 45 feet at the proposed pump station. The test borings will penetrate approximately 5 feet below the bottom of manholes with embedments of 10 feet or less and about 10 feet below deeper manholes so as to provide information for assessment of sheeting, bracing and dewatering requirements. • Based on the assumption that construction will require reconstruction of the existing roadways, the geotechnical program will also include an evaluation of underdrain requirements that may be warranted. The scope therefore includes performing a series of shallow classification borings to a nominal depth of 5 feet on a typical 200 foot spacing staggered back and forth along the roadway alignments behind the back of each curb. These classification borings will be used to examine subsurface and groundwater conditions for estimation of potential seasonal variation. • Laboratory classification tests will be performed on representative samples including grainsize analyses, Atterberg limits and organic content tests. Corrosivity testing will not be required. • The results of the field and laboratory studies will be included in a signed and sealed geotechnical report. The report will also include recommendations for dewatering and roadway reconstruction, an evaluation of the suitable of existing soils for backfill purposes and recommendations for compaction requirements. Task 8: Design I. King will develop biddable drawings and specifications for construction of a sanitary sewer system and abandonment of the existing septic systems. For the purposes of this Work Order, it is assumed that a gravity sanitary system with one (1) pump station will be constructed. Drawings will consist of the following: • Cover Page 8 of 14 Item # 27 Attachment number 1 Page 9 of 14 • Index and Notes • Stormwater Pollution Prevention Plan • Sewer System Key Sheet • Sewer System 1"=20' Plan and Profiles (±42 sheets) • Sewer System Details • Septic System Abandonment Plans (±6 sheets) • Pump Station Mechanical Plan and Sections • Pump Station Electrical Plan • Pump Station Details • Roadway Reconstruction Details • Miscellaneous Details • Maintenance of Traffic General Standards IL Documents will be submitted to the City at the 30%, 60% and 90% complete levels along with estimates of probable construction costs. Front end technical specifications will be developed using the City's standard documents. King will meet with the City after each submittal to review and respond to the City's comments. Task 9: Permitting King will attend one pre-application meeting, prepare and submit permit application packages and respond up to one Request for Additional Information (RAI) as part of obtaining the following permits: 1. FDEP Notification/Application For Constructing A Domestic Wastewater Collection/Transmission System. IL FDEP Environmental Resource Permit (ERP). III. U.S. Army Corps of Engineers Nationwide-12 Authorization IV. City of Clearwater Development and Neighborhood Services (includes City of Clearwater Right-of-Way Use Permit). V. Coordination with the Pinellas County Health Department regarding Septic system abandonment requirements. It is assumed that the City will provide King with checks to pay permitting fees. Building permits, dewatering permits and septic system abandonment permits will be obtained by the contractor. Task 10: Public Relations Assistance King will assist the Clearwater Public Communications Department or Public Relations firm hired directly by the City by providing the following services: 1. Attending up to three (3) Public Relations/Information meetings; Page 9 of 14 Item # 27 Attachment number 1 Page 10 of 14 IL Attending up to two (2) City Council meetings; III. Assistance with developing handouts or flyers to be distributed by others; IV. Preparing maps, exhibits and/or PowerPoint presentations for use at the above meetings. Task 11: Bid Documents and Bidding and Award Assistance King will assist the City with advertisement, bidding and award of the project including: I. Submitting final Bid Documents including: - Five (5) signed and sealed copies of the project drawings and technical specifications; - Signed and sealed copies of the project drawings and technical specifications as required for submittal to the EPA; - One (1) unbound reproducible set of the technical specifications; - One (1) CD-ROM containing the project drawings in AutoCAD format and the technical specifications in Word format; - One (1) CD-ROM containing the Bid Documents in PDF format; - The final Engineer's Opinion of Probable Construction Cost. II. Attending the pre-bid meeting and site visit; III. Preparing up to two (2) Addenda/answer questions; IV. Reviewing the bids, evaluating the apparent low bidder and providing recommendation of contract award 3. PROJECT GOALS: Proje ct deliverables will include the following: 1. Ten copies of the draft Sewer System Expansion Feasibility Study Update; 2. Ten copies of the final Sewer System Expansion Feasibility Study Update; 3. Three (3) copies of the Preliminary Listed Species Assessment; 4. Ten copies of the draft Alternatives Analysis Report; 5. Ten copies of the final Alternatives Analysis Report; 6. Three (3) copies of the Geotechnical Report; 7. Five (5) 24"x36" copies and one (1) 11"x17" copy of the 30% drawings; 8. Five (5) 24"x36" copies and one (1) 11"x17" copy of the 60% drawings; 9. Five (5) 24"x36" copies and one (1) 11"x17" copy of the 90% drawings; 10. One (1) full copy of all permit application packages and RAI responses; 11. Bid Documents as described above. Page 10 of 14 Item # 27 Attachment number 1 Page 11 of 14 4. BUDGET: 12. Meeting minutes in PDF format by email. See Attachment "B". This price includes all labor and expenses anticipated to be incurred by King Engineering Associates, Inc. for the completion of these tasks, on a lump sum basis not to exceed $779,978. 5. SCHEDULE: 6. Tasks 1 through 10 will be completed nineteen months from issuance of notice-to-proceed Task 11 will be completed subject to the City's procurement schedule. STAFF ASSIGNMENT (Consultant): Principal/Project Manager: Assistant Project Manager Sr. Project Engineers: Engineers: Designers: Clerical: Christopher F. Kuzler, P.E. 7. 8. 9 Tom Traina, P.E. Jeff Elick, PE., Ben Turnage, PE., Loc Truong, P.E. John Xie, PE., Josh Logan, PE., Tatyana Gordyenko Mark Gladbach, Frank Paul, Chanta Sengaroun Vemetta Edwards CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER'S project correspondence shall be directed to Christopher F. Kuzler, P.E. All City project correspondence shall be directed to Lan-Anh Nguyen, PE., with copies to others as may be appropriate. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering Dept., Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly based on a percent complete for each task. Invoices will identify the costs per plant. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0315-96630-561300-535-000-0000 SPECIAL CONSIDERATIONS: None. Page 11 of 14 Item # 27 Attachment number 1 Page 12 of 14 PREPARED BY: Christopher F. Kuzler, P.E. Sr. Vice President King Engineering Associates, Inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Page 12 of 14 Item # 27 Attachment number 1 Page 13 of 14 Clearwater ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing the following methods. 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" _ 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3d file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.m honyktny_c1_earwater.com ? All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Page 13 of 14 Item # 27 Attachment number 1 Page 14 of 14 ATTACHMENT B CITY OF CLEARWATER Idlewild/The Mall Sanitary Sewer System Preliminary Engineering, Design and Permitting PROJECT BUDGET King Engineering Associates, Inc. Task Description Subconsultant Services Labor Total 1.0 Project Coordination $78,436 $78,436 2.0 Sewer System Expansion Feasibility Update $24,500 $58,211 $82,711 3.0 Locate Existing Septic Systems $55,000 $10,026 $65,026 4.0 Ecological Services $10,492 $10,492 5.0 Surveying $7,500 $112,455 $119,955 6.0 Alternatives Analysis Report $51,657 $51,657 7.0 Geotechnical Services $63,500 $1,390 $64,890 8.0 Design $1,000 $205,453 $206,453 9.0 Permitting $60,072 $60,072 10.0 Public Relations Assistance $16,798 $16,798 11.0 Bid Documents and Bidding and Award Assistance $14,613 $14,613 Subtotal, Labor and Subcontractors $771,103 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc) $8,875 Grand Total $779,978 Page 14 of 14 Item # 27 Attachment number 2 Page 1 of 10 W p r. Y T 3k?Y•,t uyc?Ct1 `?. U. S. ENVIRONMENTAL PROTECTION AGENCY NOTICE OF AWARD RECIPIENT NAME AND ADDRESS: William B. Horne city manager City of Clearwater 1650 N. Arcturas Avenue, Building C. Clearwater, FL 33756 -1945 Received JUN z o 01.1 cny Manager's Office XP-95455010-0 7x Assistance. Agreement E Assistance Amendment 0 Increase E] Decrease 7 Time Extension 71 Administrative Enclosed are two copies of an Assistance Agreement from the U. S. Environmental Protection Agency. To accept this. Notice of Award, please carefully review any terms •and conditions, sign', and return one original copy to the folio wing address wlthin 21 day s2 of the mailing date on the Assistance Agreement: U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 4. GRANTS MANAGEMENT OFFICE 61 FORSYTH .STREET, SW ATLANTA. GA 30303 ATTN. Shantel Shelman The..other original -should be retained for your official records and copies distributed within your organization as needed. Please note. funds will not bgavailahle. for draw until we receive your countermined affirmation of the award. To assist you with your post award management responsibilitlss, please see "Reporting Forms and Guidance for Adminfsrradan of Your Assistance Agreements." This document contains important post-award reporting requirements. and instructions on how to receive Payments. To view this and other EPA grant-related information. visit our Region 4 Grants Office websita at: w w w. epa. gov1Mg brW#ran fsl Please reference the EPA Assistance Number an all future correspondence regarding this Assistance Agreement. If you have any questions, you may contact the Grants Specialist identified above at (404) 5$2-9817 shelmon.shantel@epa.gov. ' Must be signed by authorized representative as shown on the Affirmation of Award -signature black or formally authorized delegate. 2 Failure to countersign and return within 21 days of the mailing date may result in withdrawal of this award. s Please contact your Grant Specialist N you need a paper copy of this document. U.S. Environmental Protection Agency Region 4 Grants Management Office Item # 27 Attachment number 2 Page 2 of 10 XP - 95455010 - 0 Paste 4 ASSISTANCE ID NQ ° sr? ENVIRONMENTAL U S PRG DOC ID AMEND# DATE OF AWARD s . . A OTECTION AGENCY P xP - 95455010 - R TYPE OF ACTION MAILING DATE y New 06/2212010 ? Grant Agreement PAYMENT METHOD: Reimbursement ACH# 40149 RECIPIENT TYPE: Send Payment Request to: Municipal David Holroyd, Water Protection Division, 404-562-9228 RECIPIENT: PAYEE: City of Clearwater City of Clearwater 16501J. Arcturas Avenue, Building C 1550 N. Arcturas Avenue, Building 'C Clearwater; FL 337C5?1945.. Clearwater FL 33765-1945 EIN: 59-66M289 PROJECT MANAGER EPA PROJECT OFFICE R EPA GRANT SPECIALIST L. Tracy Mercer James Adcock Shantel Shelmoo 1:650 N. Arcturas:Avenue, Building C 61 Forsyth Street Grants Management Office. CFearrvater, FL 33765-1945 Atlanta, GA 30303-8960 E•Mail: shelrflon.shantel®epa.gov E-Mall: tracy.meroer.@myclearwater.com E:Mail: Adoock.James@epamall:epa.gov Phone, 46"62- 817 Phone: 727-562-4962 Phone: 404-562»3248 PROJECT TITLE AND DESCRIPTION Congressionally Mandated Projects This action approves an award in the amount of $477,00.0 to the City of Clearwater. Florida for a. sewer line extension t0 8n older part of town that is still on SEptlG tanks. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 101.0112007 - 09130121713 10117112007 - 08/30/2013 $857;273,.00. $067,273..170 NOTICE OF AWARD Based on .your application dated 0710712008, Including all modifications and amendments, the united States acting by and through the US Environmental Prator4ion AOeney: [EPA], hereby awards $477,000. EPA agrees to oost-share §,5M96.af.all approved budget period casts Incurred, up to.. and not exceeding total federal funding of $477,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the. Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any: extension of time, as may be,granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Sultchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION 1 ADDRESS ORGANIZATION! ADDRESS U.S. EPA, Region 4 61 Forsyth Street Water Protection Division Atlanta, GA 30303-8.960 .. 61 Forsyth Street Atlanta, GA 303034950 THE UNITED STATES OF AMERICA BY THE US. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Official 06115/26117 Elaine Curies, Grants Management Officer AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE William R. Home, City Manager Item # 27 Attachment number 2 Page 3 of 10 EPA Funding Information XP-95455010-0 Paget FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 477,000 $ 477,000 EPA In-Kfnd Amount $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ S $ a Recipient Contribution $ $ 390,273 $ 390,273: State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ $ 0 Allowable Project Cost so! $ 867,273 $ 867,273 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.202 - Congressionally Mandated Projects Consolidated Appropriations Act of 20088 P.L.. 170-761 40 CFR PART 31 Fiscal Site Name Req. No FY Approp. Code Budget' Organization PRC Object Class Site/Project Cost Organization Obligation deetiligation - - OD4VX0063 IONVX0117 1 1 E4 E 04VOQD 04VOQD 202851 20 Bsi 4183 41n 33fl,00 147;00 477,.D0 Item # 27 Attachment number 2 Page 4 of 10 XP-95455010-0 Page 3 Approve d Budget Program Element Classification (Construction) Approved Allowable Budget Period Cost 1. Administration Expense. $0 Z Preliminary Expanse $0. 3. Land Structure, Right Of Way $0 4. Architectural Engineering Basic Fees $867,273 5.. Other Architectural Engineering Fees $.0 6. Project Inspection Fees 7. Land Development .$0 8. Relocation Expenses $0 9. Relocation Payments to individuals & Bus. $0 10. Demolition.and Removal $0 11. Construction acid Project Improvement $0 12. Equipment $? 13. Miscellaneous $0 14. Total (Lines 1 thru 13) $867,273 15. Estimate. Income $D. 1B. Net Project Amount (lane 14 minus 15) $867,27.3 17. Less: Ineligible Exclusions $0 18. Add: Contingencies $0 19. Total (Share: Reclp 45.00% Fed 55:Do%) $8$7,273 20. TOTAL APPROVED ASSISTANCE AMOUNT $477,000 - Item # 27 Attachment number 2 Page 5 of 10 Administrative Conditions 1. PROCUREMENT FOR ENGINEERING AND OTHER PROFESSIONAL SERVICES XP - 95455016 - 0 Page 4 The costs of professional engineering and any outer professional services contracts procured in compliance with the minimum standards for procurement under grants (sea 40 CFR 31.36) are allowable costs for reimbursement with grant funds. No grant funds may he used to reimburse the f®deral share of any engineering or other prdfessiorlai services. contiacgs) found to be. in noncompliance with the grant procurement regulations. (Note: all project expenditures are deemed to Include bath the federal and nonfederal shares.). The recipient agrees to conduct all procurement for engineering and tither professionat services in compliance with 40 GFR 39:36{b)-{k). The recipient also agrees to submit to EPA for pre-award andlorpost-award review pracuremeritdocuments . Including. but not limited to: selection procedures, requests for qualifications and/or proposals, evaluation methodology and results, memorandum of review or negotiation, cost analyses, proposed.contract documents, etc. No payments may be made under this grant until EPA has received and reviewed the procurement documents for compliance with the minimum standards for procurement. 2. PROCUREMENT FOR CONSTRUCTIO The. cost of construction. contracts procured in compliance with the minimum standards for procurement under grants (see. 40 CFR 39.36) are allowable costs for reimbursement with grant funds. No grant funds may be. used to reimburse the federal.share,of any construction contract(s) found to be: in noncompliance with the grant prsocurardent regulations: (Note: all project expenditures are deemed to include both the federal and nonfederal shares).. The recipient agreed to Conduct all procurement for construction Iii corn.pltance with 40 CFR 31.36.(b)-(kf and include the "EPA supplemental General Conditions for Federally Assisted Construction Contracts" (enclosed) including Minority Business Enterprise and Women's Business Enterprise Goals in any bidding documents. The recipient. also agrees: to submit to EPA for pre award and/or post award review procurement documents including, but not limited to: Invitations for bids, independent cast estimates, bid documents, disadvantaged business :enterprise documentation, etc. No payments may be made under this grant until EPA has reviewed the. construction procurement documents for compliance with the minimum standards for procurement. 3. LOBBYING AND LITIGATION - ALL RECIPIENTS The. chief. executive officer of this recipient agency shall ensure that no:grant funds awarded under this assistance agreement are used 16. engage: In lobbying of the Federal Government or in litigation aga1hat the United States unless authorized under existi ng law. The recipient shall abide by its respective OMB Circular (A-21, A-$7, or A-1'22), whim prohibits tthe use of federal grant funds for litigation against the Unites} States or for lobbying or other political activities. 4. LOBHY€NG -ALL E PIE 7 The.reciplent agrees to comply with Title 40 CFR Part 34, New Rosirictions on Lobbying . The recipient shall include the language of this. provislon in award documents for all subawards.exceeding $160,000, and require that subreclpients subunit certification and disclosure forms accordingly, In accordance with the Byrd Anti.-Lobbying . Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails. to file the required certificeation or lobbying forms shall be subject to a civil penalty of not less than $1.0,000 and not more than $100,000 for each :such experiditure: 5.. RECYCLING TERM.AND CONDITION In advardance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.&C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth, Regulations issued under RGRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,006 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6.002 requires that preference be given In procurement programs to the: purchase. of specific products containing recycled materials identified in guideEines.developed by EPA These guidelines are listed in 40 CFR 247. In ac cordance with the polices set forth In EPA Order 100.0,25 -and Executive Order 13423; Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided pdnUng for all reports which are prepared at a part a6this agreement and delivered to.. EPA.. This.requ€rement does not apply to reports prepared on forms supplied by EPA,.or to.atandard Forms, which are printed on recycled paper and are available through the General Services Administration. Item # 27 Attachment number 2 Page 6 of 10 6. EXECUTIVE ORDER M02 The assistance recipient agrees to comply with Executive Order 1.3202 (Feb. 22, 2061, 66 Fed. R69.11226) of February 17, 2001,. entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations an Federal and Federally Funded Construction Projects," as amended by Executive Order 13208 (April 411,2001, 66 Fed. Reg. 18717) of April 8, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations an Federal and Federally Funded Construction Projects." 7. HISTORIC PROPERTIE The recipient agrees to consult with the appropriate State Office In the identification and evaluation of any pre-1946 structures which may be impacted by scheduled project activities, or properties located adjacent to the activities areas. The recipient agrees to comply with efforts: to identify, evaluate. and appropriately design project activities to avoid or minimize adverse project impacts to any historic properties listed, or which satisfy the criteria for eligibility for listing (36 CPR 60:4), in-the !National Register of Historic Places. 8. PROVISIONS The. provisions -of the "Award of Grants and Cooperative Agreements for the Special Projects and Programs Authorited by the Agency's FY 2008: Appropriations Act" dated June 17,2008 (enclosed) is incorporated herein by reference. 9. SUSPENSION AND DEBARMENT-ALL RECIPIENTS Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participan€s Regarding Tronsadons {Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B. of 2 CFR Part ia0 and 2 CFR Bart 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is, responsible for further requiring the inclusion of a similar term or condition In any.subsequent lower tier covered'transactlons. Recipient acknowledges that failing to disclose the Information as required at2 CFR 180.335 may result in the delay or negation of this assistance agreement,'or pursuance of legal remedies, inducing suspension and debarment. Recipient may access. the Excluded Parties. List System at www eDls.gov. This term and .c3ondition.supersedes. EPA Form 5700-49, `'Certificatlon Regarding Debarment, Suspension. and Other Responsibility Matters." 10. THIRD PARTY FUNDS OR SERVICES CONDITION This offer is made. contingent upon EPA receipt and review of evidence that firm .commitments for all sources.of required mateNrig share for this EPA grant are in 'effect prior to advertising for bids on the project. This contingency includes third party sources where :third parties are in any manner famishing funds or services which will be used as required. matching share for. this EPA grant. No payments will be made by EPA under this assistance agreement until EPA has received and reviewed the requested documentation. 11. EPA PARTICIPATI This award and the resulting ratio of funding is based on estimated costs requested in the application. EPA participation in the final total allowable programlproject. cost(outlays) shall not exceed the statutory limitation (55%). of total allowable programlproject costs or the total funds awarded, whichever is Iower. 12. DRUG-FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS The recipient organization of this EPA assistance agreement must makean ongoing, good faith effort to maintain a dr.ug.-free workplace pursuant to the specific requirements. set forth In Title 40 CFR 36.200 - 36.236. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under Its federal awards, and keep this information on file during the performance of the award. Those. recipients who ate individuals must comply with the.drug-fte provisions set forth In Title 40 CFR 36.30.0. The. consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CPR) Title 40 Part 36 at http:/twww.access;wo.gov/naraiefrANil--jdx. 06140g,f Q Q§.html Item # 27 Attachment number 2 Page 7 of 10 13. HOTEL-MOTEL FIRE SAFE Pursuant to 40: CFR.30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, cornrentions, or training seminars funded to whole or in part with federal funds complies with the. protection and control guidelines of the. Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel Nat€anal Master List at http;I/www.usfa:dhs.gov/applicationsfhotell to. see if a property is. in compliance (FEMA 1D is currently not required), or to Ind other information about the Act. 14. DISADVANTAGED BUSINESS ENTERPRISEfDBE1 CONDITION FOR non-SRF RECIPIENTS UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINEo ENTERPRISES GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Program for Utilization of Minority and Women's Business Enterprises (MBEfWBE) in procurement under assistance agreements, contained In 40 CFR; Part 33. FAIR SHARE OBJECTIVES, 40 CFR; Part:33, Subpart D A recipient must negotiate with the appropriate EPA' award offraal, or his/her designee, Fair share objectives for MBE and WBE participation in procurement under the f€nancfai assistance agreement. Current Fair Share Objective/Goal The dollar amount of this assistance agreement is $2513;000; or mare; or the total dollar amount of all of the redplent's non-TAG assistanve'agreements from EPA in the current fiscal year is $250,040, or more. The Florida Department of Environment a€ Protection has negotiated the following, applicable.MBEIWBE fair share objectives/goals with EPA as follows: MBE: CONSTRUCTION W, SUPPLIES 9%; sERVICES 9%; EQUIPMENT 9% WBE: CONSTRUCTION 3%, SUPPLIES 3% ; SERVICES: 3%; EQUIPMENT 3% Negotiating Fair Share ObjectivesiGoals, 40 CFR, Section 33.404 If .the recipient.hia9: not yet negotiated Its MBEIWBE fair share objectives/goals, the recipient agrees to submit proposed: MBEIWBE objectives/goals based an an availability analysis, or disparity study, of qualifted MBEs. and WKS in their relevant geographic buying. market for constriction, services, supplies and..equipment. The recipient agrees to submit proposed fair share objectivesigoals, together with the suppvrUng availability analysis or disparity study, to the Regional MBEIWB1r.Coordinator within 120 days of Its acceptance of the ftnancial assistance award. EPA will. respond to the proposed fair share objectivelgoals within 30 days of receiving the submission. If proposed fair share. objectlvelgpals are notreoeived within the 120 day time frame., the recipient may not expend its EPA funds for procurements until. the proposed fair share objectivelgoals. are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following-good faith efforts whenever-procuring construction, -equipment, services and supplies under an EPA 11nanclat assistance agreement, and to require. that sub-recipients, loan recipients, and prime contractors also comply. Records documenting oomplianoe: with the six good faith: efforts shall be retained, (a) Require Disadvantaged 8usihess Enterprises (DBEs) are made aware of contracting opportunities to the fullest'exterit practicable through outreach and recrultmiaht activities: For Indian T". -State. and local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (6) Make Informat€on on forthcoming opportunities available. to DBEs and arrange time frames for contracts and establish delivery.schedules, where-the requirements permit., in a way that encourages and facilitates participation by DBEs in file competitive process. This tnctudes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. {c) Consider In the contracting process whether firms.canpeting'for large contracts could subcontract with DBEs. For Indian Tribal, State and local govern ment recipients, this w€II include dividing total requirements when economically feasible into smaller tasks or quantities: to permit rhaximum participation by DBEs in the :competitive. process. (d) Encourage contracting with a consortium of DBEs: when a contract is. too large for one of these firms to handle. Individually. (e) Use the services and assistance of the Small Business. Admin€stration and the Minority Business Development Agency of the Department of Commerce In finding DBEs, (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) th rough (e) of this section.. Item # 27 Attachment number 2 Page 8 of 10 MBEWBE REPORTING, 40 CFR, Part 33,. Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700-52A, "MBEMBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project Is completed. Only procurements with certified MBEMIBEs are counted toward a recipient's MBEIWBE accompllshtnents. The reports% must be submitted semiannually for the periods ending March 31° and September 30" for: Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, UWSRF, Brownfields); and .64.0ther recipients not identified as annual reporters (40.CFR Part 30 and 40 CFR Pad 35. Subpart A and Subpart B' recipients are annual reporters). The reports are due within 30 days of the end of the semiannual reporting periods (April 3e and October 30). Reports should be sent to: U.S. Environmental Protection Agency Grants Management Office 61 Forsyth Street $W Atlanta, GA 30303 Final MBFJWBE reports must be submitted within 90 days after the project period of the grant ends, Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may he obtained from the EPA Office of Small Business. Program's Home Page on the Internet at www.ena.povlosbn . CONTRACT ADMINISTRATION PROVISIONA 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provislons of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified. loans to. create and maintain a bidders list 0 the recipient of the loan is.subject to, or chooses to follow, competitive. bidding requirements. -Please see 40 CFR, Section 33.501 (b) and (q) for specific requirements and exemptions; 15. TRAFFICKING VICTIM PROTECTION ACT OF 200 [TYPAL AS AMENDEDQ. 2 U.S.C. 71 2L To implement raquirements of Section 108 of the Trafficking Victims Protection Act of 2000, as amended, the. following provisions apply to this award; a. We., as the Federal awarding agensy. may unilaterally temilhate this aw.:ard, Without penalty, if a subrecipient that.Is:a private entity, (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is: determined by the agency official authorized to terminate the award to..have. violated an applicable prohibition in the. Prohibition .Statement below through conduct that €s either: (a) associated with performance under this award; or (b) imputed to. the subrecipient using the standards and due process for imputing the conduct of an Individual to an organization that are provided in 2 CFR.part 1'80, "OMB Guidelines to Agencies on Gcvernmentw€de petiarment and Suspension (Nonprocurement),"'as Implemented by our. agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a' prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 3000 (TVPA), as amended (22.U.S.C. 7104(g)), and (2) Is in addition to all other remedies for noncompliance that are available to. us under this award. c. You must In.dude the requirements of the Prohibition Statement below In any subaward you make to a private entity. Prohibition Statement - You as the recipterit, your employees, subreelpients under this award, and subrecipients' employees may not engage In severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is In effect; or use forked labor In the perfo mancpe of the award or subawards under-the 'award. 16. SINGLE AUDIT ACT In accordance. with OMB•Circular A-133, which implements the single Audit Act, the recipient hereby agrees to obtain a single. audit from an independent auditor If It expends 5500,000 or more in total Federal funds In any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after receiving. the report from the auditor, the recipient shall submit a copy of the SF=SAC and a Single Audit Report Package. For fiscal periods 2002 to 2001 recipients are to submit hardcopy to the following address: Item # 27 Attachment number 2 Page 9 of 10 Federal Audit Clearinghouse 1201 East 10th Street Jeffersonville, IN 47132 For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF-SAC and a Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. Complete information on flow to accomplish the 2008 and beyond Single Audit Submissions you will need to visit the Federal Audit Clearinghouse Web site: http:llharvester..oensus.gpvlfa- 17. FULLY FUNDED EARMARKS For fully funded agreements based on an earmark: EPA is fully funding this assistance.agreement based .on the terms of A congressional earmark. If future earmarks are not provided for this project and recipient, supplemental funding for this project is not guaranteed. 18. MANAGEMENT FEES AND SIMILAR CHARGES Management fees or similar charges in excess of the direct ppsts.and:approved indirect rates are not allowable. The. term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve fundS for ongoing business expenses, unforeseen liabilities., or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to Improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work 19. UNLIQUIDATED OBLIGATIONS Pursuant to 40 CFR 31.41(b.) and .31.50(b); EPA recipients shall submit a quarterly Federal Financial Report (SF-425) to EPA no later than 30 calendar days following the end of the reporting quarter shall submit an annual Federal Financial Report (SF-425) to EPA no later than 80 calendar days following the end of the reporting quarter The fallowing reporting period end dates shall be used for interim reports: 3131,'Ey130, 9130, or 12131. At the .end of the project, the recipient must submit a final Federal Financial Report to EPA no later than 90 calendar days after the and of the project period. The form is available on the Internet at httn://www.eoa:oovlodotfinsefvig"lorrDs.htm . All FFRs must be submitted to the 144 Vegas Finance Center: UZ EPA, LVFC, PO Box 913515, Las Vegas, NV 09193, or by Fax to. 702-70-2423, The 1.VFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients will be. notified and Instructed by EPA if they must complete any additional forms for the closeout of the assistance. agreement. EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not compiy with this term and condition Programmatic Conditions Programmatic Conditions for Special Appropriations Project Planning & Design EPA Grant No. XP95455010-0 1, The grantee agrees to use the EPA Region 4 guidance included in the.current edltion of the Special Appropriations Projects (SPAPs) Grant Procedures.Workbook (online workbook ath :Ilwww.e vl ion4lwaterl task dais tf ns.html . 2. The grantee agrees not to take any action on the project beyond conceptual design, including but not limited to, beginning the preparation of plans and specifications, purchasing land, advertising or awarding design andlor construction contracts, initiating construction or requesting reimbursement from EP A.for costs associated with such actions until such time as EPA has completed its environmental review in accordance with NEPA and 40 C.F.R. Parts 5 and 1500. Completion of this review will be evidenced by the issuance of a Categorical Exclusion (CE), the conclusion of the Finding of No Significant Impact (FNSI).process, or the issuance. of a Record of Decision (ROD). The recipient agrees that, upon completion of the NEPA review, design and construction shall be undertaken to accordance with the results of that review, including. but not limited to, the Impie"Otation of measures EPA identifiea as. reasonable to mitigate the environmental Impacts of the project. EPA reserves the right to unilaterally terminate this Item # 27 Attachment number 2 Page 10 of 10 grant In the event the recipient falls to comply with this condition, in accordance with 40 C.F.R. § 3143, 3. The. grantee agrees to address comments received as a result of the Executive. Order 12372 process (State Clearinghouse review) in the EID.and public meeting required as part of the NEPA review. 4. The grantee agrees to comply- with the applicable Cross=CuttingFederal Laws and Authorities listed as an attachment to this. grant award document, 5. The.grentee shall notify the EPA Project Officer of any contract awards or request for proposals made as-part of this grant and provide copies.0 requested. 6. The.grantee sh0 submit to Ifte EPA Project Officer a quarterly progress.report beginning with the award of this. grant and a final report pursuant to 40 CFR §. 31..40. These reports will consist of updated progress toward work objectives; problems encountered, actions taken to resolve problems: and discussion of remaining tasks. This report may be as brief as one page so long as all the requested information is. provided. The items listed below should be addressed. as appropriate: Quarterly Progress Report Outline for Special Appropriations Grants Grant Number. Grantee Name: Project Name: Grantee's Authorized Representative: a. What work was accomplished for this reporting quarter! b: What problems, If.any, were encountered? C. If a problem was encountered, what action was taken to correct it? d. 1s the project work on schedule? (a) This quarter? (b) For the project? 0. if the project is not on schedule; what is proposed for a revised schedule?. f. Doss the. new schedule requires Nate extension? Q. is then= a change in the Grantee's Authorized Representative orany.of the key contacts? 7. The grantee has obtained EPA approval for preraward •costs occurring on or after .October 1" in the year of the appropriations far the project covered by this grant. grantee agrees to submit coples of invoices to EPA for review and approval of these pre-award costs. $. The grantee will submit its reirrlbursement request (SF271)and appropriate Invoices to EPA. to Main reimbursement. Item # 27 G.l I!A Wit[?5 ,. ? - ? AVE .. _ ?. - of ? _>. -r, Attachrrnent number 3 MACOM BEF2 Page 1 of 1 I. - III! ?:I',I I G EEIV fA4.... ?p BARBARAAVE ... ,....® .... _ .- ,I.w.. -..? Attachment number 4 Page 1 of 1 Subject: RE: Work Session Follow-up - Work Order re Idlewild/Mall Sanitary Sewer Expansion The colors on the location map distinguish between streets that have undeveloped properties and those that do not. Yellow highlight represents those streets that have lots with no houses built and therefore would not have active connections to the proposed gravity sewer system until those properties were developed. percentage of parcels closely. Hope this information is helpful. Robert S. Fahey, P.E. Utilities Engineering Manager City of Clearwater Engineering Department P.O. Sox 4748 Clearwater, Florida 33756 Phone: (727) 562-4608 Fax: (727) 562-4755 Item # 27 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture "A Dolphin's Tale", and authorize the appropriate officials to execute same. (consent) SUMMARY: Bottlenose Productions, Inc., is the producer of the upcoming film "A Dolphin's Tale," which will be filmed in and around Clearwater and the Clearwater Marine Aquarium. They want to lease the Harborview Center for the construction and operation of motion picture sets and ancillary facilities needed for production of the motion picture. The sets and facilities will be constructed within the interior improvements of the demised premises at the Lessee's sole expense. The size and proximity of the Harborview Center to the primary production area---in and around the Clearwater Marine Aquarium- --make the Harborview Center important to the success of the filming. The Lease period will extend from August 9, 2010 until December 15, 2010. Bottlenose Productions will absorb all costs of Harborview Center operation during the lease period and will insure and indemnify the City. The movie production will provide significant economic benefit and international tourism exposure to the City of Clearwater and the Clearwater Marine Aquarium as a result of the production within the City and the resultant film distribution. Review Approval: 1) Public Works Administration 2) Financial Services 3) Legal 4) Office of Management and Budget 5) Legal 6) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 9 BUSINESS LEASE CONTRACT THIS LEASE CONTRACT, entered into this 29th day of July, 2010, ("Effective Date") between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, having its principal place of business at 112 South Osceola Avenue, Clearwater, Fl. 33756, as Lessor, and BOTTLENOSE PRODUCTIONS, LLC, a Delaware limited liability company, having its principal place of business at 10390 Santa Monica Blvd., Suite 250, Los Angeles, Ca., 90025, as Lessee. WITNESSETH: That Lessor does lease and Lessee agrees to lease all of the following premises commonly known as the "Harborview Center" addressed at 320 Cleveland Street, Clearwater, Florida, LESS AND EXCEPT that approximately 2800 square foot portion thereof, and sixteen (16) signed, and other parking spaces appurtenant thereto, under lease to Pickles Plus Too, Inc., a Florida corporation, all being more specifically described as follows: EDWARD MILL'S SUBDIVISION, Lot 3 Less Street, and Lots 4 and 5, ROMPON'S & BASKINS CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT, as recorded in Plat Book 57, Pages 1 and 2 of the public records of Pinellas County, Florida, and part of SUNSET COURT, all described as beginning at the Northeast corner of Block 1 of aforesaid ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT; thence South 224.38 feet; thence West 566.62 feet; thence along the arc of a curve to the right, 197.75 feet; radius 679.20 feet, cord bearing N82°W, 197.10 feet; thence N05°W, 189.48 feet; thenceN03'West, 171.34 feet; thence along the arc of a curve to the right, 84.23 feet, radius 743.35 feet, cord bearing N03°E, 84.18 feet; thence East, 422.97 feet; thence along the arc of a curve to the right, 67.22 feet, radius 163.84 feet, cord bearing N60°E, 66.75 feet; thence South100.31 feet; thence East 291.48 feet; thence South 183.27 feet to the point of beginning. Such property shall hereinafter be referred to as the "Leased Premises" or the "Demised Premises" or the "Leased Property." 1. LEASE TERM. The term of this lease shall be for five and one half (5 ... ) months; which term will commence on the 9th day of August, 2010, and shall continue until midnight on the 15th day of December, 2010. 2. RENT. The Lessee agrees to pay and the Lessor agrees to accept the total sum of One Dollar ($1.00) as rent during the term of this lease, the receipt and sufficiency of which is hereby acknowledged. In further consideration of Lessor entering into this lease with Lessee, Lessee covenants with Lessor that Lessee shall unequivocally, timely and without reservation or exception, full comply with all the provisions hereof, and the obligations imposed herein. Lessee's failure to timely comply with any or all of the provisions hereof shall be deemed a material default and subject to provisions of Paragraph 16. DEFAULT; REMEDIES; TERMINATION BY LESSOR. Lessee acknowledges that in addition to those costs specifically set out herein, Lessee shall be responsible for any and all direct costsresulting from, or incident to, its occupation hereunder. In no Item # 28 Attachment number 1 Page 2 of 9 event shall Lessor be responsible for any costs directly resulting from Lessee's occupation and use as provided for herein. 3. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: Construction and operation, at Lessee's sole cost and expense, of motion picture sets and ancillary facilities within the interior improvements of the demised premises as Lessee may require for production of the motion picture, "Dolphin Tale." 4. UTILITIES. Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. 5. MAINTENANCE AND TAXES. Lessee shall, at its own expense, maintain in good repair and in good and safe condition all improvements on, about and within the leased premises, including, but without limiting the generality of the foregoing, all structural improvements, including the roof, doors, plate glass, windows and their respective hardware, all plumbing, heating, cooling and electrical fixtures, regardless of how the necessity or desirability of repairs may occur, and whether or not required by wear and tear, obsolescence, accidents or otherwise. Except as may be otherwise provided for in this lease, Lessor has no obligations to make repairs on, about or within the leased premises, or to paint, decorate or redecorate same. Lessee shall be responsible for all real and personal property taxes as may be assessed specifically applied against the Leased Premises (as more particularly described above) during the lease term, and shall promptly pay same when due. 6. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 7. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor may refuse such consent to sublet in its sole discretion. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this lease passes by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving such lessee. Item # 28 Attachment number 1 Page 3 of 9 If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. 8. ALTERATIONS AND IMPROVEMENTS. Other than as expressly provided for herein, the Lessee shall not make any structural alterations or modifications or improvements which are part of the leased property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the leased property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics' or materialmen's liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. The Parties hereto acknowledge and agree that it is the Lessee's intent to apply immediate improvements to the premises to render the Demised Premises useable for Lessee's purposes (e.g.,replacing missing fixtures, ceiling tiles, toilet seats, etc.). Lessee shall provide detailed written notice of said improvements seeking Lessor's approval as provided for in this paragraph, prior to proceeding to install same. In no event shall Lessor be liable to reimburse Lessee for such improvements. 9. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the leased premises are a part of for any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes. 10. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, should Lessee default in any of itsmaintenance responsibilities as heretofore provided, all costs and charges for which Lessor shall Item # 28 Attachment number 1 Page 4 of 9 invoice to Lessee for reimbursement within 15 days following receipt.Right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 11. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee acknowledges and represents that the premises leased are in need of certain improvements for which Lessee shall submit written notice in accordance with Paragraph 8 herein, seeking approval of Lessor to conduct and install such improvements. Lessee's acceptance or occupancy of the leased premises shall constitute recognition of such condition. Lessee hereby accepts the premises in the "AS IS CONDITION" they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to compensate and reimburse said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee should Lessee fail for any reason to remedy or repair such damage immediately upon demand. 12. INSURANCE. Lessee agrees to provide at its sole cost and expense the following policy or policies of insurance through firms authorized to provide such insurance within the State of Florida: Liability Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance. This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly or indirectly from the performance and operation of this Lease. The minimum limits of coverage shall be $1,000,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage. The Lessor shall be included and identified as an Additional Insured under the policy and on the Certificate of Insurance. The insurance coverages and conditions afforded by these policies shall not be suspended, voided, cancelled or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management Office. All insurance policies required within this provision shall provide full coverage from the first dollar of exposure unless stipulated. No deductibles will be accepted other than as stipulated herein. Certificates of Insurance meeting the specific required insurance provisions specified in this Lease shall be forwarded to the City's Risk Management Office and approved prior to Lease commencement. After review, the Certificate will be filed as part of the official Lease file. Radon Gas Notification, as required by Florida Statute 404.056(8) is to be inserted in all contracts for sale, purchase or rental of real property. Page 5 of 9 Item # 28 Attachment number 1 Page 5 of 9 Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 13. DESTRUCTION OF PREMISES. In the event that the building should be partially or totally destroyed by fire, earthquake, hurricane or other natural cause, Lessor may either terminate the lease or undertake to rebuild or repair in Lessor's sole discretion. If Lessor undertakes to rebuild and repair, and if the demised Premises are no longer usable for the purposes of the Lessee as described in paragraph 3, Lessee may terminate the lease from the date of occurrence of such event through the remainder of the term. Should Lessee elect to continue, Lessee shall, at its own expense, restore all work required to be done by the Lessee under this Agreement.. 14. RESERVATION BY LESSOR. Throughout the term hereof Lessor reserves unto itself during and throughout the following scheduled public events within Coachman Park and its environs the exclusive right and privilege of full and unimpeded use of all parking within the Demises Premises, with the exception of those spaces assigned to the use of Pickles Plus Too, (Pickles") together with ingress and egress thereto and any areas determined by the Lessor that do not interfere with these events on a case by case basis: • Superboat Offshore National Championship - September 29th through October 2nd • Hispanic Heritage Festival - October 10th • Clearwater Jazz Holiday - October 14th through October 17th • Christmas Under The Oaks - November 13th and November 14th In addition, the Parties expressly acknowledge the parking rights of Pickles Plus Too Inc., as set out in that certain Lease between the Lessor and Pickles, dated August 15, 1995, as amended. 15. SUBORDINATION. This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages or other instruments of security now or hereafter placed upon the said premises by the Lessor provided, however, that such mortgages and other instruments of security will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. 16. DEFAULT; REMEDIES; TERMINATION BY LESSOR. (a) Lessee further covenants that if the Lessee shall violate or default upon any of the covenants, provisions, terms, conditions and obligations imposed on Lessee upon entering into this lease, and shall fail to correct such violation or default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated, and Lesseeshall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. (b) In case the leased property shall be abandoned, as such term is defined by Florida Item # 28 Attachment number 1 Page 6 of 9 Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i) re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefore, and may relet the leased property as the agent of the Lessee and receive the rent therefore and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor may, at its option, terminate this lease by giving the Lessee fifteen (15) days written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor from the leased property for the balance of said term. (c) Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a material default by Lessee and breach of this lease. (d) Lessor, at its option, may terminate this lease in the event the City Council determines at a duly constituted City Council meeting that the lease premises are needed for other municipal purposes and serves Lessee with sixty (60) days notice of such intended use. (e) Both the Lessor and Lessee shall be entitled to all remedies as provided by law except as provided for in the following sentence. No Injunctive Relief: In no event shall Landlord or its successors and assigns, or any other party now or hereafter having an interest in Tenant's motion picture project currently entitled "DOLPHIN TALE" (the "Picture"), seek or be entitled to enjoin or restrain the production, distribution, advertising or exploitation of the Picture, or any parts or elements thereof, except the Lessor's limited right to enjoin or restrain production within the Leased Premises to the extent of the terms of the Lease. 17. MISCELLANEOUS. (a) Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. Item # 28 Attachment number 1 Page 7 of 9 (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except as same shall comply with provisions of Article 3, Division 18 of the City of Clearwater Land Development Regulations, as may be amended from time to time, and other applicable law, and such signs as Lessee may place inside the building, which signs shall be subject to the prior approval of the Lessor. (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 18. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such other matters as may be reasonably requested. 19. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the leased property or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals. 20. "AS IS" CONDITION. Upon the effective date hereof, Lessee accepts the leased premises on and in an "as is" basis, and Lessor shall have no obligation to improve, remodel or in any manner repair or maintain any improvements, mechanical, electrical, safety or other appurtenances within and about the leased premises. 21. CONSTRUCTIVE EVICTION. Item # 28 Attachment number 1 Page 8 of 9 Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 22. JANITORIAL EXPENSES. Lessee shall either obtain or perform janitorial services for the leased premises at its expense. 23. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 24. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 27. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. 28. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 29. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. Item # 28 Attachment number 1 Page 9 of 9 30. GOVERNING LAW. The laws of the State of Florida shall govern this Contract; any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. AS TO LESSEE: BOTTLENOSE PRODUCTIONS, LLC AS TO LESSOR: Countersigned: By: Broderick Johnson, Co-President f f ?f CITY OF CLEARWATER, FLORIDA Frank V. Hibbard, Mayor Approved as to form: William B. Horne II, City Manager Attest: Laura Mahony, Assistant City Attorney Cynthia E. Goudeau, City Clerk By: Item # 28 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Jamie Andrian Blackstone in the Resident category and Patrick O'Neil in the Agency or Government Representative category, with terms to expire August 31, 2014 to the Brownfields Advisory Board. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 4 STAFF LIAISON: Diane Hufford SPECIAL QUALIFICATIONS: ** Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH HAVE EXPIRED AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM. 1. Jamie Andrian Blackstone - 305 Spring Ct., 33755 - Property Investor/Liberal Arts Original appointment - 5/4/2006 Interested in Reappointment: Yes (Ist term expired 5/31/2010) (Resident) 2. Patrick O'Neil - 8506 Poydras Lane, Tampa, FL 33635 - Sr. Planner Office: TBRPC, 4000 Gateway Centre Blvd., Suite 100, Pinellas Park, FL 33782 Original appointment - 5/4/2006 Interested in Reappointment: Yes (Ist term expired 5/31/2010) (Agency or Gov. Rep.) THE FOLLOWING ADVISORY BOARD MEMBER(S) RESIGNED AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE. 1. Joyce Gibbs - 1343 Whispering Pines Drive, 33764 - Env. Science/BA Natural Science Original appointment - 6/17/2004 Resigned October, 2009 (No longer with Pinellas County Gov.) (was serving 2nd term until 5/31/2012) (Agency or Gov. Rep.) Cover Memo 2. Sioux Hart - 630 Fairmont St., 33755 - Financial Services Item # 29 Original appointment - 9/6/2007 Resigned 5/19/10 - (Moved to CA) (was serving 1st term until 9/30/2011) (Resident) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Joe DeCicco - City of Clearwater/Engineering Dept. - Environmental Specialist (Agency or Gov. Rep.) 2. Barbara Green - 1101 Fairburn Ave., 33755 - President & CEOEmployer: Homeless Emergency Project, 1120 North Betty Lane, 33755 (Resident) Zip codes of current members: 3 at 33755, 1 at 33761, 1 at 33764, 1 at 33765, 1 at 33782 Current Categories: 2 Agency or Government Rep.; 3 Business Owner or Rep.; 2 Resident Review Approval: 1) Clerk Cover Memo Item # 29 Apr 28 2010 10:22AM HP LRSERJET FAX (727) 443-5202 Attachment rpmbgr1 Page 1 of 2 RECENED APR 2 8 2010 CITY OF CLEARWATER O FI?IA RECORDS AND CLEARWATER BROWNFIELDS ADVISORY BO LALWE SRVCS DEPT Name: JAMIE JOAN BLACKSTONE Home Address: 305 SPRING COURT CLEARWATER, FL Zip 33755 Telephone: cell 727-641-2882 How long a resident of Clearwater? ten years OCCUpation: Business Developer /.currently ringi.ng a new reen pr uc o Field of Education: mark t r _t---9 A- .. Employereel f Other Work Experien e: Real Estate Investor/ redevelopment Market Researc /Business Owner If retired, former occupation: Flight Attendant/United Airlines Community Activities: On Board of Advisors for Old Clearwater Beepse members of athreet?mes t e nwn rat aworkee t ?`ieav ptboi) olice Ba borhood Association. i r as associa io?f `- t`rain o?unteers to patrol Other Interests: Walking, bicycle, reading, movies, helpin Board Service (current and past): Board Preference: Clearwater Brownfields Advisory Board same l ? ? 41 VLl? • animals Addition Comments: I truly enjoy serving on the Brownfiel s Signe Dater + CaV ry Applying For: " ) Agency involved in Brownfields redevelopment ( X Business Owner( must own a business within the Designated brow field Area) ( X ) Resident (must be a resident within or adjacent to the Designated B wnfield Area) Please return this application and board questionnaire to the Official Reco Department, P.O. Box 4748, Clearwater, FL 33758-4748, or drop off your 2nd Floor, 112 S. Osceola Avenue. Office Address: S FOR ALL COMMUNICATIC Our artistic area sat 645 Chestnut Street Clear??er, 33756 Telephone: and ds & Legislative Services application at City Hall, Item # 29 npr 28 2010 10:22AM HP LRSERJET Fnx (727) 443-5202 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilitie The rehabilitation and redevelopment of Brown f s? ields areas for the betterment of the area- safety; jobs-, and environs 2. Have you ever observed aboard meeting either in. person or on C- N station? Yes. Attended many. iew, the City's 3. What background and/or qualifications do you have that you feel w to serve on this Board? I have purchased, remodeled and sold properties uld qualify you in the Brownfields area utilizing Phase One Environmen al Studies. I am also bringing a newt invented "green" ro uct to mark Our artistic office is within the Brownfields a rea. 4. Why do you want to serve on this Board? I et a great deal of satisfaction from het in and being part of my community. Name: Jamie Blackstone Board Name: Brownfiel Advisory Board Item ; Attachment mt2r Page2of2? nen t . nt. 29 Attachment number 2 a 2 -Lof E C E 03V MU APR 2 6 2010 CITY OF CLEARWATER OFFICiAL RECORDS AND CLEARWATER BROWNFIELDS ADVISORY BOAC ISLATIYE SRVCS DEPT Name: Patrick O'Neil Home Address: 8506 Poydras Lane Tampa FL Zip 33635 Telephone:(727 5} 05-0088 Office Address: 4000 Gateway Centre Blvd, Suite 100 Pinellas Park, FL Zip 33782 Telephone: (727) 570-5151 x31 How long a resident of Clearwater? N/A Occupation: Senior Planner Employer: TBRPC Field of Education: Other Work Experience: MBA at USF BA in MIS at UCF If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): City of Clearwater Brownfields Advisory Board Expiration May 31, 2010 Additional Sig Board Preference: City of Clearwater Brownfields Advisory Board Date: Category Applying For: N ( x ) Agency involved in Brownfields redevelopment ) Business Owner ( must own a business within the Designated brownfield Area) ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) 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 # 29 Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Assist in the rehabilitation and redevelopment of the Brownfields area, future land use, local employment opportunites community safety, and environmental justice. 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? I am employed as a Senior Planner at the Tampa Bay Regional Planning Council, specializing in economic analysis. 4. Why do you want to serve on this Board? To help beautify the region I live in and work for. Redevelopment of blighted areas instead of sprawl are critical to land locked cities and communities. Name: Patrick O'Neil Board Name: City of Clearwater Brownfields Advisory Board Item # 29 Attachment number 3 Page 1 of 2 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD Name: Joseph DeCicco Home Address: 6889124 th Avenue Largo, Florida 33773 Telephone: (727) 643-2500 Office Address: 100 South Myrtle Avenue, #220 Clearwater, Florida 33756 Telephone: (727) 562-4745 Occupation: Environmental Specialist Field of Education: Geology Community Activities: Other Interests: Camping, Fishing, Boating, Sports Board Service (current and past): Addition I Commen Signed: r Category Applying For: Employer: City of Clearwater Other Work Experience: Environmental Consulting Board Preference: Date: C ('s ( I ( X) Agency involved in Brownfields redevelopment ( ) Business Owner ( must own a business within the Designated brownfield Area) ( ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) 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. R AL 13 2010 OFFICIAL e-COkbs ;04B Item # 29 1 WSLA'0* 5PVCS DEPT Attachment number 3 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? It is my understanding that the advisory board reviews Brownfield provides planning and decision making regarding projects in Brownfield designated areas of the City. The Board also submits Brownfield-related proposals and projects to the City Council. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes, I have. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I am an environmental geologist by profession and I am currently employed as an Environmental Specialist for the City of Clearwater. I have performed a variety of professional services for several Brownfield sites in Florida. 4. Why do you want to serve on this Board? I believe that the Brownfields Program is a great way to redevelop and use sites that have been abandoned or may be being underused due to past history. It is also an effective way to remedy contaminated sites for future uses. Name: Joseph DeCicco Board Name: Brownfields Advisory Board Item # 29 Attachment number 4 Page 1 of 2 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD Name. Home Address: O o 1 TL,#-6orv-, <??a.-e r Zip 357 5 S Office Address: w2_0 _0 ozC"l.. L-?`R-- ?cczrwa ?e r Zip S37S5 Telephone: (Zz?? ?41 t> -q52. 0 Telephone: (7Z7? How long a resident of Clearwater? 61 ?!e-s Occupation :??,ru Employer: ?ko os . 16NC ?e.K" IeGi' Field of Education: Other Work Experience: If retired, former occupation: 0 /A Community Activities, U" "h -. Other Interests?j' S - -,- L_ Board Service1 (current and past;::l Board Preference: C int of Glccirk? -c?- Ce+iZC?.s CiMM Ad o nts: Signed: Category Applying For: ) Agency involved in Brownfields redevelopment Date: 1111010 Business Owner ( must own a business within the Designated Brownfield Area) ?) Resident (must be a resident within or adjacent to the Designated Brownfield Area) 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 a lication at City Hall, 2nd Floor, 112 S. Osceola Avenue. RECHVED JUL 12 2QM OTIRCIAL RE CORDS AND LEGISLA'tl`yE SAVC5 D tem # 29 Attachment number 4 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? .U t,4 '7"Li L c? r,-. rv?,n t? • e? S ct-,Az l `? cl e S. 2. Have you ever observed a board meeting either in person or on C-View, the City's N station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 40 G?U?e?? oo+n..e v?'l ?-tC f?cr+ -e vt c?¢+_ l L 4. Why do you want to serve on this Board? `Zwc? ?+? off' s gLc F?.-t ?S Name: I, Lir{pam G(-eeys-, Board Name: GearwaI4 l a uwAs,J , Item # 29 City Council Agenda Council Chambers - City Hall Meeting Date:8/5/2010 SUBJECT / RECOMMENDATION: Accept the Town of Belleair's Resolution 2010-29 permitting Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and adopt Resolution 10-17. SUMMARY: The City of Clearwater and Town of Belleair agree via an Interlocal Agreement that Clearwater may provide reclaimed water service to Belleair's residents when feasible and not otherwise available. Belleair's Commission passed and adopted Resolution 2010-29 on July 20, 2010, authorizing the agreement. Clearwater is requested to acknowledge Belleair's Resolution by approving Resolution 10-17. There is no cost associated with this item. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 1 RESOLUTION NO. 10-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE PRIVILEGE AND CONCESSION OF THE TOWN OF BELLEAIR, FLORIDA, FOR THE PURPOSE OF FURNISHING RECLAIMED WATER WITHIN THE TOWN OF BELLEAIR AND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a new reclaimed water system interlocal agreement has been made and authorized by the adoption of Resolution No. 2010-29 of the Town of Belleair on July 20, 2010, a copy of which is attached to this resolution and incorporated herein by reference; and WHEREAS, the terms and conditions of the reclaimed water system franchise are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The terms and conditions of the reclaimed water system franchise, privilege and concession granted by the Town of Belleair, Florida, by the adoption of Resolution No. 2010-29 of the Town of Belleair, are hereby accepted, and the City Council of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the Town Commission of the Town of Belleair not inconsistent with the franchise. Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of this resolution, the Public Utilities Director shall deliver a certified copy to the Town Clerk of the Town of Belleair. PASSED AND ADOPTED this day of 12010. Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 10-17 Item # 30 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and authorize the appropriate officials to execute same. SUMMARY: Belleair Country Club (BCC) has requested reclaimed water service from Clearwater to supplement irrigation for its golf course. Pinellas County holds an interlocal agreement with the Town of Belleair to treat its wastewater and return reclaimed water service to the town. The Town of Belleair provides reclaimed water services to two golf courses. BCC also relies on well water to meet their irrigation needs. BCC has requested that Clearwater provide reclaimed water in addition to reclaimed water provided by Pinellas County. Staff has recommended this project as feasible, and it is in design at this time. The reclaimed water main passes by a residential neighborhood to reach BCC's golf course. The resident homeowners along the pipeline route, on Willadel Drive, have requested to be supplied with reclaimed water, as it is not available through the Town of Belleair via Pinellas County. Staff recommends providing this service to the residents whose property is adjacent to this pipeline. Chapter 180, Florida Statutes provides that the City of Clearwater has the power and the present capability to provide such reclaimed water service in the Town of Belleair; and Attorney General Opinion 94-28 provides language that is more specific to that effect. The Town of Belleair and Clearwater wish to set forth their agreement with respect to the provision of such reclaimed water service to those areas within the corporate limits of the Town of Belleair, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended. Both parties wish to avoid the necessity of governing boards' approval for future situations wherein reclaimed water is not available by the Town of Belleair, but could feasibly be provided by the City of Clearwater. There is no cost associated with this item. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 5 INTERLOCAL AGREEMENT REGARDING RECLAIMED WATER SERVICE BETWEEN THE TOWN OF BELLEAIR, FLORIDA, AND THE CITY OF CLEARWATER, FLORIDA THIS AGREEMENT, made and entered into this. day of , 2010, by and between the Town of Belleair, Florida, a Florida Municipal Corporation, by and through its Town Commission (herein, "BELLEAIR") and the City of Clearwater, Florida, a Florida Municipal. Corporation, by and through its City Council (herein,. "CLEARWATER") WITNESSETH: WHEREAS, it is in the best interest of the citizens of BELLEAIR to be provided reclaimed water service whenever and wherever feasible; and WHEREAS, pursuant to Florida Statutes Chapters 166, the Municipal Home Rule Powers Act, and 180, Municipal Public Works, CLEARWATER has the power and the present capability to provide such reclaimed water service in BELLEAIR; and WHEREAS, the extension of reclaimed water lines in BELLEAIR will contribute to the general health, safety and welfare of the citizens of BELLEAIR and CLEARWATER, and WHEREAS, BELLEAIR and CLEARWATER wish to set forth their agreement with respect to the provision of such reclaimed water service to those areas within the corporate limits of BELLE-AIR, pursuant %to the provisions of the Florida Interlocal Cooperation Act of 196%1 Chapter 163, Part I, Florida Statutes, as amended; NOW, THEREFORE, the parties, upon consideration expressed herein; agree as follows: SECTION]. INTERLOCAL AGREEMEENT. The parties acknowledge that CLEARWATER has the legal authority pursuant to the Florida Statutes to provide reclaimed water service, and further, that BELLEAIR, upon appropriate exercise of its powers could also provide such service through an interlocai agreement with Pinellas County. BELL-EAIR and CLEARWATER have determined it is in the best interest ,of both parties and their citizens for CLEARWATER to provide reclaimed water in areas within the corporate limits of BELLEAIR as defined herein, where reclaimed water is not available. This I Item # 31 Attachment number 1 Page 2 of 5 Interlocal Agreement is entered into pursuant to the general authority of Florida Statutes Section 1.63.0.1 (2010). SECTION 2. RECITALS The recitals and fmdings contained above are true and correct and are hereby incorporated within this Interlocal Agreement in full, SECTION 3. TERM GRANT: DEFINITION OFRECLAIIIIED WATER. For a period of thirty (30) years from the effective date of this Interlocal Agreement, BELLEAIR, its successors, and assigns,. does hereby give and grant to CLEARWATER, its successors, and assigns, the non-exclusive. right, privilege and authority to exercise the power to, and to furnish reclaimed water and to construct, operate, and maintain within the corporate limits of BELLEAIR, as such limits may be expanded, all facilities required by CLEARWATER to supply reclaimed water to BELLEAIR, its inhabitants and the places of business located within the corporate limits of BELLEAIR, as such limits may be expanded, and other customers and areas now or hereafter supplied, or to be supplied, reclaimed water by CLEARWATER. BELLEAIR grants CLEARWATER the right to use BELLEAIR's rights-of-way and utility easements in order to construct, operate, and maintain said reclaimed water system. The exercise of this authority by CLEARWATER shall be consistent with the terms and conditions. of the Resolution attached hereto as Exhibit "A" which is incorporated herein by reference. This Interlocal Agreement may be extended for subsequent renewal terms of thirty (30) years each upon agreement of the parties in accordance with all statutory provisions in effect at the time. The term ',Reclaimed Water" shall mean highly treated wastewater which is distributed in pipes. SECTION 4. PARTIES' OBLIGATIONS Throughout the term of this Agreement CLEARWATER shall provide services to BELLEAIR necessary to complete reclaimed water line extension and construction in locations determined and designated by mutual .agreement of the parties, including hiring and coordinating all contractors. for projects, securing. all necessary permits, and providing for all necessary engineering and design work. Projects shall be selected for implementation using CLEARWATER's reclaimed water program rules in effect at the time and according to project feasibility, and shall be subject to approval from BELLEAM's Town 2 Item # 31 Attachment number 1 Page 3 of 5 Manager after letter of request by CLEARWATER. CLEARWATER shall apply to BELLEAIR for any necessary right-of-way pernxits or easements which shall be processed at no charge to CLEARWATER. CLEARWATER shall be responsible for obtaining and maintaining all necessary federal, state, and local permits and. approvals, and shall bear the costs of project construction. Following completion and activation of any reclaimed water line extensions, CLEARWATER shall be responsible for all continuing maintenance and repairs necessary to keep such lines fully functional. CLEARWATER shall bill customers and receive payment for availability and service per the terms of and in an amount equivalent to the amount chargeable per the City of Clearwater Code of Ordinances Chapter 32, Article IX and Appendix A„ Section XXV(1)(d);. (3)(a)4., and (3)(f), as amended from time to time. If required by CLEARWATER as a condition to any future extension of reclaimed water lines, BELLEAIR agrees to adopt and maintain in effect an Ordinance requiring that property owners in an area of proximity or adjacency to reclaimed water lines be required to pay an availability charge and/or fees for the service, as agreed to by the parties. SECTION 5. INDEMNIFICATION. CLEARWATER shall indemnify and hold BELLEAIR harmless from and against all liability, claims, demands, attorney fees (both at trial and on appeal),. judgments and costs relating to personal injuries, including death; and property damage arising from CLEARWATER's acts and omissions in the performance of CLEARW ATER's obligations. under this Agreement. SECTION 6. NOTICES. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand-delivered or mailed as follows, if to BELLEAIR: Micah Maxwell, Town Manager Town.of Belleair 901 Ponce de Leon Boulevard Belleair, Florida 33756 3 Item # 31 Attachment number 1 Page 4 of 5 If to CLEARWATER: William B. Horne II, City Manager City of Clearwater 112 S, Osceola Avenue Clearwater, Florida 33756 Notices shall be effective upon receipt. SECTION 7. CONFLICT; All ordinances and parts of ordinances of CLEARWATER or BELLEAIR in conflict herewith shall be amended or repealed by the parties as required to remove such conflict. SECTION s . SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held illegal, invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. SECTION 9. TERMS AND CONDITIONS All terms and conditions as set forth in BELLEAIR Resolution No. 2010-29 a copy of said resolution being attached hereto as Exhibit "A" and as acknowledged and received by CLEARWATER Resolution No. 10-17, a copy of said Resolution being attached hereto as Exhibit "B", are incorporated herein by reference as if fully set forth herein. SECTION 10. AMENDMENTS. This Agreement may be amended in writing by consent of the Parties hereto. SECTION I L NON APPROPRIATION, The obligations of the Parties hereto as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget and appropriate from legally available funds, after monies for essential services have been budgeted and appropriated, sufficient monies for the funding that is required during that year. Notwithstanding the foregoing, the Parties shall not be prohibited from pledging any legally available non-ad valorem revenues, for any obligations 4 Item # 31 Attachment number 1 Page 5 of 5 heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the Parties pursuant to this Agreement. SECTION 12. EFFECTIVE DATE. As.required by Florida Statutes Section 163.01(11) (2010), this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas. County, after approval and execution by the parties, and shall take effect upon the date of fling. IN WITNESS WHEREOF, BELLEAIR and CLEARWATER, the parties hereto, have executed this Agreement on the day and year above written. By: -14'? Gary H. K4'ca Town Mayor-Co issioner Countersigned: TOWN OF SELLEAIR ATTEST: Donna Carlen Town Clerk CITY OF CLEARWATER Frank V. Hibbard William B. Home II Mayor-Councilmember City Manager Approved as to form: ATTEST: Leslie K. DougaU-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 5 Item # 31 Attachment number 2 Page 1 of 3 RESOLUTION NO. 2010-29 A RESOLUTION OF THE TOWN OF BELLEAIR, FLORIDA, AUTHORIZING AN INTERLOCAL AGREEMENT TO THE CITY OF CLEARW ATER, FLORIDA FOR THE PURPOSE OF FURNISHING RECLAIMED WATER SERVICES WITHIN THE CORPORATE LIMITS OF THE TOWN OF BELLEAIR; MAKING FINDINGS AND RECITALS; PROVIDING FOR TERM AND GRANT OF AUTHORITY; PROVIDING FOR DEFINITION OF "RECLAIMED WATER"; PROVIDING FOR RATES; PROVIDING FOR NON-COMPETITION; PROVIDING FOR REPEAL OF CONFLLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING TERMS AND CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Belleair Country Club wishes to use reclaimed water for its golf course; and WHEREAS, Belleair Country Club has. requested reclaimed water service from the City of Clearwater; as it is not available through the Town of Belleair or from Pinellas County; and WHEREAS, the City of Clearwater wishes to. provide this reclaimed water service to the golf course; and WHEREAS, the reclaimed water main would pass by the Willadel Drive residential neighborhood to reach the golf course; and WHEREAS, the resident homeowners on Willadei Drive along the pipeline route have requested to be supplied with reclaimed water, as it is not available through the Town of Belleair, and have agreed to pay the cost of extending the line to their neighborhood; and WHEREAS, the City of Clearwater wishes to provide this reclaimed water service to the residents along the pipeline route; and WHEREAS, Chapter 180, Florida Statutes provides that the City of Clearwater has the power and the present capability to provide such reclaimed water service in the Town of Belleair; and WHEREAS, the Town of Belleair wishes to set forth the grants and agreements with respect to the provision of such reclaimed water service by the City of Clearwater to those areas within the corporate limits of the Town of Belleair, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended; and Item # 31 Attachment number 2 Page 2 of 3 WHEREAS, the Town of Belleair wishes to provide for future situations wherein reclaimed is not available in the Town of Belleair; but could feasibly be provided by the City of Clearwater; and WHEREAS, it is in the best interest of the citizens of Belleair to be provided reclaimed water service whenever and wherever feasible. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION of THE TOWN OF BELLEAIR, FLORIDA AS FOLLOWS: Section 1. Interlocal Agreement. The parties acknowledge that CLEARWATER has the legal authority pursuant to the Florida Statutes to provide reclaimed water service, and further, that BELLEAIR,. upon appropriate exercise of its powers could also provide such service through and interiacal. agreement with Pinellas County. BELLEAIR and CLEARWATER have determined it is in the best interest of both parties and their citizens for CLEARWATER to provide reclaimed water in areas within the corporate limits of BELLEAIR, where feasible, and where reclaimed water is not available. Section 2. Recitals. The recitals and findings contained above are true and correct and are hereby incorporated within'this agreement in full. Section 3. Term, Grant: Definition of Reclaimed Water. For the initial thirty (30) year period of the Interlocal Agreement between CLEARWATER and BELLEAIR, and any extended term by agreement of the parties in accordance with all statutory provisions in effect at the time, BELLEAIR, its successors, and assigns, does hereby give and grant to CLEARWATER, it successors, and assigns, the non-exclusive right, privilege and.authority to exercise the power to,. and to furnish reclaimed water and to construct, operate, and maintain within the corporate limits of BELLEAIR, as such limits may be expanded, all facilities required by CLEARWATER to supply BELLEAIR, it inhabitants and the places of business located within the corporate limits of BELLEAIR, as such limits may be expanded, and other customers and areas now or hereafter supplied, or to be supplied, reclaimed water by CLEARWATER. BELLEAIR grants CLEARWATER the right to use BELLEAIR's rights-of-way and utility easements in order to construct, operate, and maintain said reclaimed water system. The exercise of this authority by CLEARWATER shall be consistent with the terms and conditions of this resolution. The term "Reclaimed Water" shall mean highly treated water which is distributed in pipes, Section 4. Rates. The rates, charges and fees to be: charged by CLEARWATER for reclaimed water service within the corporate limits of BELLEAIR during the term of this resolution shall be as provided in CLEARWATER's standard, system-wide rate schedule now or hereafter approved by CLEARWATER's City Council. Section 5. Competition. CLEARWATER will not compete with Pinellas County, or any other entity BELLEAIR chooses. to provide the bulk of the reclaimed water services to its citizens and businesses. Item # 31 Attachment number 2 Page 3 of 3 Section 6. Conflict. All resolutions and parts of resolutions in conflict with the provisions of this resolution be and the same are hereby repealed. Section 7. Severabili. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held illegal, invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section 8. Terms and Conditions. All terms and conditions as set forth in the Interlocai Agreement. between CLEARWATERt and BELLEAIR, a copy of said Agreement being. attached hereto as Exhibit "A", and to be acknowledged and received by proposed CLEARWATER Resolution No. 10- 17, are incorporated herein by reference as if fully set forth herein. Section 9.. Effective Date. This. resolution shall become effective upon adoption and upon the acceptance of this resolution by appropriate act by CLEARWATER's City Council after adoption by BELLEAIR's Town Commission. PASSED AND ADOPTED this 24TH day of JULY, 2010, Maya ATTEST: Town Clerk ?_ Day 0f ?LCJ Item # 31 Attachment number 3 Page 1 of 1 RESOLUTION NO. 10-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE PRIVILEGE AND CONCESSION OF THE TOWN OF BELLEAIR, FLORIDA, FOR THE PURPOSE OF FURNISHING RECLAIMED WATER WITHIN THE TOWN OF BELLEAIR AND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a new reclaimed water system interlocal agreement has been made and authorized by the adoption of Resolution No. 2010-29 of the Town of Belleair on July 20, 2010, a copy of which is attached to this resolution and incorporated herein by reference; and WHEREAS, the terms and conditions of the reclaimed water system franchise are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The terms and conditions of the reclaimed water system franchise, privilege and concession granted by the Town of Belleair, Florida, by the adoption of Resolution No. 2010-29 of the Town of Belleair, are hereby accepted, and the City Council of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the Town Commission of the Town of Belleair not inconsistent with the franchise. Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of this resolution, the Public Utilities Director shall deliver a certified copy to the Town Clerk of the Town of Belleair. PASSED AND ADOPTED this day of 12010. Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 10-17 Item # 31 City Council Agenda Council Chambers - City Hall Meeting Date:8/5/2010 SUBJECT / RECOMMENDATION: Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establishing a parking ticket dismissal program, revising the time frame and fee structure for delinquent parking tickets, establishing a program allowing temporary or permanent removal or rental of municipal parking, modifying Appendix A, Schedule of Fees, and pass Ordinance 8168-10 on first reading. SUMMARY: In 2008, the parking system installed multi-space parking pay stations in several off street parking facilities on the beach. For enforcement purposes, the ordinance requires further clarification when referring to metered parking in order to include the pay stations. Establishing a parking ticket dismissal program with specific criteria will eliminate the need to hear certain contested violations in court, thereby saving staff time and court costs. The proposed fee of $10.00 will cover administration costs for the initial ticketing, follow-up review and dismissal processes. By extending the delinquent parking ticket time frame from 80 to 90 days, the City can fully recover the collection fees, which are currently being charged to the City by the processing company. The fees will be passed on to the offender. At various times there is a temporary need to remove metered parking to accommodate construction and other limited special uses. Establishing a fee for the temporary removal and reinstallation of the meter will cover the cost of this expense. The proposed fee is $50 for the removal and $50 for the reinstallation. The proposed fee for the permanent removal of any municipal parking is calculated based upon the current daily rental rate for a period of two years. Temporary use of any municipal parking, including valet operations, must be approved in advance in accordance with specific requirements. The fees are based on the current daily fee schedule along with a proposed administrative fee. Updates to Appendix A, Schedule of Fees, include: - Eliminating specific dollar amounts for the rental of parking spaces and include language stating the highest current City of Clearwater municipal daily rate, which is how the current rates are calculated; - Administrative Fees for parking space rentals: $20 for five or less spaces, $30 for six to 10 spaces, and $50 for eleven or more spaces; - Permanent loss of parking fee is based on the loss of daily revenue for a period of two years instead of one year. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Budget Adjustment: None N/A Annual Operating Cost: N/A N/A Total Cost: N/A to Cover Memo Appropriation Code Amount Appropriation Comment Item # 32 N/A N/A N/A Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 12 ORDINANCE NO. 8168-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING PROVISIONS OF CHAPTER 30, TRAFFIC AND MOTOR VEHICLES, CLEARWATER CODE OF ORDINANCES, FACILITATING PARKING ENFORCEMENT BY ADDING SEVERAL TERMS; MODIFYING THE TIMEFRAME ON DELINQUENT FINES SO THAT THE CITY CAN COLLECT ADMINISTRATIVE COSTS RELATING TO ENFORCEMENT PURSUANT TO FLORIDA STATUTES; ESTABLISHING A TICKET DISMISSAL PROGRAM; INSTITUTING A PROCEDURE FOR TEMPORARY/PERMANENT USAGE OF CITY PARKING FOR SPECIAL PURPOSES OR VALET PARKING OPERATIONS; AND MODIFYING APPENDIX A, XIX. STREETS, SIDEWALKS, OTHER PUBLIC PLACES, FEE SCHEDULE TO CONFORM TO THE CHANGES PROPOSED BY THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, there are several multi-space parking lots that provide revenue to the City, and the inclusion of the terms "parking enforcement specialist" and "multi-space parking pay station" to several sections of Chapter 30, Traffic and Motor Vehicles, Clearwater Code of Ordinances is necessary for parking enforcement purposes; and WHEREAS, Parking Services wishes to collect administrative court- related costs related to fines that become delinquent, and assess this collection cost to the person fined, and pursuant to Florida Statutes, the time frame of delinquency has been changed from 80 to 90 days; and WHEREAS, this ordinance proposes the establishment of a ticket dismissal program that allows the City to recover processing and administrative fees in circumstances where a citation was properly issued for a violation of failing to display or not properly displaying a parking receipt, permit, or hang tag, so long as the citizen can provide proof of a valid parking receipt, permit, or hang tag as of the time and date of the violation; and WHEREAS, a procedure is established for the temporary or permanent removal of parking meters/multi-space parking stations, for the temporary use of parking spaces for a special purposes, and for the use of public parking spaces for valet parking operations; and WHEREAS, Appendix A contains modifications to the schedule of fees relating to the changes proposed by this ordinance, now therefore, Ordinance No. 81EI$eM # 32 Attachment number 1 Page 2 of 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 30, Traffic and Motor Vehicles, Section 30.040 be amended by adding the underlined language as follows: DIVISION 1. GENERALLY Sec. 30.040. Parking in revenue generating city parking lots, garages and other city property. (1) It is unlawful for any person to remove a vehicle from any city owned or operated parking lot, garage or property after the person shall have parked thereon without first paying the attendant, activating an access or smart card, or depositing the proper amount of money in a parking meter or multi-space parking pay station or for any person to make any attempt thereof to defraud the city. (2) It is unlawful to alter or duplicate, damage or destroy an access or smart card, spitter ticket, multi-space parking pay station receipt, permit, tag, placard or decal used for parking control issued by the parking division or to make any attempt thereof to defraud the city. ********** (4) It is unlawful to stop, stand or park in city owned or operated parking lots, garages or other city properties that are reserved for hourly, daily, or monthly parking without properly displaying appropriate documentation of payment for parking privileges for the current period (hangtag, decal, placard, multi-space parking pay station receipt, etc.). Section 2. That Chapter 30, Traffic and Motor Vehicles, Section 30.042 be amended by adding the underlined language as follows: Sec. 30.042. Near intersections and crosswalks. Notwithstanding the provisions of F.S. § 316.1945, parking shall be permitted within 20 feet of an intersection or a crosswalk where the city engineer, or designee, of the city has posted signs., er installed meters, or multi-space parking pay stations authorizing such parking. Section 3. That Chapter 30, Traffic and Motor Vehicles, Section 30.043 be amended by adding the underlined language as follows: Sec. 30.043. Placement of motor vehicle in parking space. 2 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 3 of 12 (2) No truck, tractor truck or trailer shall occupy more than one parking space where designated, except while actively loading or unloading and while all meters used have been properly activated and / or when proper parking permits or multi-space parking pay station receipt(s) have been obtained and are displayed or except in cases of emergency. ********** Section 4. That Chapter 30, Traffic and Motor Vehicles, Section 30.057 be amended by adding the underline language as follows: Sec. 30.057. Enforcement. In addition to any other means of enforcement provided in the Code of Ordinances, a police officer, traffic infractions enforcement officer, parking enforcement specialist (PES), or code enforcement inspector certified as a parking enforcement specialist is hereby authorized to issue traffic court parking citations for violations of sections 30.054, 30.055, and 30.056. Section 5. That Chapter 30, Traffic and Motor Vehicles, Section 30.060 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 30.060. Penalties/warning letter upon failure to comply with ticket. (1) If a violator of the provisions of this article does not respond to the parking ticket affixed to the motor vehicle by paying the fine listed thereon or by contacting the designated parking violation processing services office specified on the parking ticket within a period of fifteen 151 calendar days of the date of the infraction, the designated parking violation processing services office, having jurisdiction of the subject matter shall, send the registered owner to whose vehicle the parking ticket was affixed a warning letter informing the registered owner of the violation and the fact that a penalty of $10.00 has been assessed for the violation to cover additional administrative costs, except for fines for violations involving handicapped parking which shall remain at the amount established in section 30.061. If the fine indicated on the parking ticket is not paid within thirty 301 days (in addition to the penalty assessed after 15 days in the preceding sentence hereof) an additional penalty of $15.00 will be assessed for the violation to cover additional administrative costs. The designated parking violation processing services office will issue up to two additional late notices to the registered owner. After 99 ninety (90) days the unpaid ticket will be considered a delinquent account and will be handled through the delinquent collection services division of the designated parking violation processing services office. 3 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 4 of 12 (2) Pursuant to F.S. 938.35, parking violation fines and penalties for which full payment is not received within ninety (90) calendar days from the date of issuance will also be subject to an additional collection fee if the account is referred to a private attorney who is a member in good standing of the Florida Bar or to a collection agent who is registered and in good standing pursuant to F.S. chapter 559, each retained by the city pursuant to its applicable procurement practices to pursue the collection of such unpaid financial obligations. The amount of such collection fee shall not exceed forty (40) percent of the amount owed at the time the account is referred to the attorney or agents for collection, or in the actual amount charged by such private attorney or agents for collection, whichever is less. (23) Overpayments. Any overpayments of fines / penalties will only be refunded if specifically requested within 90 days of receipt of the overpayment. (34) The designated parking violation processing services office shall supply the State of Florida department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge, which is machine readable by the installed computer system at that department, listing persons who have three or more outstanding parking violations or who have any outstanding violations of F.S. 316.1955. (45) Contesting a violation. Any person who wishes to contest the validity of the violation may request a court hearing by contacting the designated parking violation processing services office within 15 calendar days of the date of the infraction. A copy of the parking violation must be included with the completed request form for a court hearing. Upon such request, a summons for a court appearance will be issued to confirm the time and date of the court hearing. (56) Ticket cancellation. The cis City Manager's designee will establish and maintain a parking ticket cancellation program. Tickets may be cancelled in lieu of court appearance and dismissal by the designee when the complainant has a valid complaint. A valid complaint may include but not be limited to an improperly written ticket, verified official city business, ambulance transport, police department undercover vehicles, or a malfunctioning meter. (7) Ticket Dismissal. The City Manager's designee will establish and maintain a parking ticket dismissal program. Properly issued tickets for failure to display or properly display valid parking permits, valid multi- space parking pay station receipts, or handicap hang-tags or any other recognized permit shall be dismissed in lieu of court appearance and dismissal by the designee when the complainant can later produce valid 4 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 5 of 12 proof of such permit or hang-tag. A fee of $10.00 for such dismissal will be charged to cover all administrative costs. Section 6. That Chapter 30, Traffic and Motor Vehicles, Section 30.093 be amended by adding the underlined language as follows: Sec. 30.093. Installation of parking meters or multi-space parking pay stations; operation. (1) When parking meters or multi-space parking pay stations are installed, the city manager shall place such parking meters or multi-space parking pay stations in appropriate locations relative to each parking space. Each parking meter or multi-space parking pay station shall be so set as to show or display a signal that the lawful parking period has expired or provide a printed receipt displaying expiry of paid for time. (2) The city manager shall provide for the regulation, control, operation and use of the parking meters or multi-space parking pay stations provided for in this section and shall maintain such meters or multi-space parking pay stations in good workable condition. Each parking meter or multi-space parking pay station shall be so set as to display a signal or dispense a printed receipt showing legal parking upon the deposit of coins or currency of the United States, use of a City of Clearwater pre-paid parking card, credit/debit cards or any authorized type of payment therein for a period of time conforming to the parking limit established by the city manager for the area where such meter is placed. Section 7. That Chapter 30, Traffic and Motor Vehicles, Section 30.094 be amended by adding the underlined language as follows: Sec. 30.094. Fees and time limits designated by city manager. The City Manager is authorized to designate fees and time limits for parking at any city owned or operated parking lot, garage or other property and to designate the denomination of United States coins or currency, use of City of Clearwater pre-paid parking cards, credit/debit cards or any authorized type of payment which may be deposited or inserted therein for the purpose of obtaining legal parking for such period of time so designated. Section 8. That Chapter 30, Traffic and Motor Vehicles, Section 30.095 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 30.095. Use of meter/multi-space parking pay station and space. 5 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 6 of 12 (1) When any vehicle shall be parked, pursuant to this division, in any space alongside of, ar next to, or in proximity to ?"ihinh there len"+ed p ,rs aRt t„ this di„1C1er, a parking meter/multi-space parking pay station, the owner, operator, manager, or driver of such vehicle shall, immediately after 61P9R entering the parking spacer immerlio+e?,i deposit the proper coins or currency of the United States, City of Clearwater pre-paid parking cards, credit/debit cards or any authorized type of payment in the parking meter/multi-space parking pay station alongside of, er next to, or in proximity to the parking space and shall set the meter/multi-space parking pay station in accordance with all posted instructions thereon including, but not limited to, prominently displaying any dispensed parking receipt(s) where indicated. aAdThe parking space may then be used by such vehicle during the parking limit provided for the area in `"'hinh G„Gh parking crone is Ienoter! ********** (3) Temporary parking meter removal. The parking system may provide for the temporary removal of parking meters to accommodate construction and other limited special uses. The fee for the removal and reinstallation of the meter/multi-space pay station is listed in Appendix A. No removal shall last for a cumulative period of more than ninety (90) days during any calendar year without prior approval from the City Manager's designee. (4) Permanent parking meter removal. Permanent parking meter removal requests are strongly discouraged and are granted within the sole discretion of the City Manager's designee consistent with the parking needs of the city. The fee for the permanent removal of a metered parking space or any designated public parking spaces is listed in Appendix A, and the calculation is based upon the daily rental rate per public parking space for a period of two (2) years. (5) Temporary use of designated parking spaces for limited special purpose. Parking space rental for a special purpose including, but not limited to, construction projects, valet parking operations, special events, and production/film events may be requested. The applicable temporary bagged parking space rental rate shall be assessed on a per space, per day basis, payable in advance, until such time as the designated rental has ended. The fee for the rental is listed in Appendix A. No temporary use of parking space shall last for a cumulative period of more than ninety (90) days during any calendar year without prior approval from the City Manager's designee. Section 9. That Chapter 30, Traffic and Motor Vehicles, Section 30.096 be amended by adding the underlined language and deleting the stricken language as follows: 6 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 7 of 12 Sec. 30.096. Overtime parking. (1) If any vehicle eha4 remains parked in any parking space when the parking meter/multi-space parking station indicates the expiry of paid for time, then beYGR ! the narking limit gRaated f?anh narking spa, paFkiRg ?Tmreteir shalpplay she_?.A.gi.pg marking aRd OR that event such vehicle shall be considered as parked overtime and such act is unlawful. (2) At multi-space parking lots, a failure to prominently display the parking receipt dispensed by the parking pay station in the manner instructed is unlawful and the vehicle shall be deemed as parked overtime. It She i inla?nifi it fgr aRy nercgn tG Permit a Vehinle tg remain gr be Planer! in arni narking mono algngSirle gf gr nevi tg ?.Uhinh aRy narking meteF iS Planer! ?.Uhile Si inh meter iS displaying a Signal ShGWing that s inh ?iehinle hoc vv-i already marked heYGRd the meriGd gf time a"A-UP-r! (3) It is unlawful for the operator of a vehicle to stop, park or leave standing a vehicle on a city owned or operated parking lot, garage or other property, using meters, multi-space parking pay stations, gates, permits, or time limits for revenue and access control, for a period longer than 72 hours without first making arrangements in advance with the parking division. Section 10. That Chapter 30, Traffic and Motor Vehicles, Section 30.097 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 30.097. Extending parking beyond legal time. It shall be unlawful for any person to deposit or cause to be deposited in a parking meter/multi-space parking pay station a coin, currency, City of Clearwater pre-paid parking cards, credit/debit cards or any authorized type of payment for the purpose of extending the parking time beyond the legal time fixed for parking in the parking space alongside oft er next to, or in proximity to whor-h where such parking meter/multi-space parking pay station is placed. Section 11. That Chapter 30, Traffic and Motor Vehicles, Section 30.098 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 30.098. Defacing, tampering with, etc. 7 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 8 of 12 It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter, multi-space parking pay station, or /revenue control equipment installed on any city owned or operated parking lot, garage or other property pursuant to the terms of this division. Section 12. That Chapter 30, Traffic and Motor Vehicles, Section 30.099 be amended by adding the underlined language as follows: Sec. 30.099. Use of substitutes for payment. It shall be unlawful for any person to deposit or cause to be deposited in any parking meter/multi-space parking pay station or change maker on any city owned or operated parking lot, garage or other property, any slug, device or substitute for a coin or currency of the United States, City of Clearwater pre-paid parking card, credit/debit card or any authorized type of payment. Section 13. That Chapter 30, Traffic and Motor Vehicles, Section 30.100 be amended by adding the underlined language as follows: Sec. 30.100. Disposition of parking fees. The coins, United States currency, City of Clearwater pre-paid parking card, credit/debit card or any authorized type of payment, deposited as provided in this division shall be utilized in the manner provided by the parking system bond ordinance, and until such bonds have been satisfied or otherwise redeemed. Section 14. That Chapter 30, Traffic and Motor Vehicles, Section 30.101 be amended by adding the underlined language as follows: Sec. 30.101. Exception for city officers and employees while on business. The provisions of this division shall not be construed to require payment into a parking meter/multi-space parking pay station by an officer or employee of the city who is on city business in order to park a marked city vehicle or a vehicle with an authorized city parking permit displayed on the dashboard of the vehicle, or a visible hang-tag, in any on or off street parking space within the city parking system. A city officer or employee who is not on city business and who parks a marked city vehicle or a vehicle with an authorized city parking permit displayed on the dashboard of the vehicle, or a visible hang-tag, in any on or off street parking space within the city parking system without paying the parking fee shall be subject to appropriate disciplinary action as may be determined by the city 8 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 9 of 12 manager, including but not limited to loss of the city parking permit privilege or use of a marked city vehicle. Section 15. That section 30.102 be added to Chapter 30, Traffic and Motor Vehicles as follows: Sec. 30.102. Valet Parking. (1) Valet Storage Spaces. The City may provide on an as-needed basis, the ability for a valet service company to rent on and off street public parking spaces to accommodate valet parking storage for special events. The City Manager's designee shall weigh the impact of each request on the parking area and its users, and shall determine both the ability to lease spaces, and the number of spaces that may be leased for the special event. The fee per space is charged in accordance with the current fee schedule by location and is based on the daily parking rate plus an administrative fee as outlined in Appendix A. Valet storage fees are not pro-rated for a portion of the day, and the fees are payable forty-eight (48) hours in advance. (2) Valet ramp space rentals. The City may provide on an as-needed basis, the ability for a valet service company to rent public parking spaces for the purpose of creating a valet ramp for the expeditious unloading and loading of passengers. The City Manager's designee shall determine the number and location of said spaces, and will provide, if possible, spaces adjacent to the business served by the valet service. A copy of the valet business tax receipt for the location to be served, a notarized letter of authorization from the business owner and a certificate of insurance covering the valet service location must be presented to obtain Parking Service approval before the first space rental request is made. The fee per space is charged in accordance with the current fee schedule by location and is based on the daily parking rate plus an administrative fee as outlined in Appendix A. All valet ramp fees are not pro-rated for a portion of the day. The fees are payable two (2) weeks in advance for regular users and forty-eight (48) hours in advance for special events. Rented spaces shall be signed appropriately with the Parking System approval and shall restrict parking within the ramping area and shall be strictly enforced. Section 15. That Appendix A, XIX Streets, Sidewalks, Other Public Places, be amended by adding the underlined language and deleting the stricken language as follows: APPENDIX A - Schedule of Fees Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 10 of 12 XIX. STREETS, SIDEWALKS, OTHER PUBLIC PLACES: Fees for services provided by the department of public works (ch. 28): (1) Petition to vacate: (a) Right-of-way ... $500.00 (b) Easement ... 400.00 (2) Request for street name and address change: (a) Name change ... 200.00 Plus cost of signs (b) Address (house no.) change ... 150.00 (3) Right-of-way permit (a) Single family residence/duplex ... 25.00 (b) Multi-family/commercial... 125.00 (c) Sidewalk (construction of new or replacement sidewalk) ... 50.00 (d) Subdivision development permit (Construction of a new subdivision and/or construction of new streets (private or public with accompanying street utility connections such as sanitary sewer, water, storm drainage systems) ... 200.00 Plus per gross acre ... 50.00 (e) Utilities: Reclaimed water connection fee ... None Utility connection or construction ... 150.00 No pavement cut; fee per each utility involved and per each connection. Utility connection or construction ... 200.00 Pavement cut; fee per each utility involved and per each connection. Annual general permit ... 400.00 Providers of communications services ... None (f) Miscellaneous permit (work requiring engineering inspection in an easement or for other miscellaneous work) ... 50.00 (g) Failure to obtain r.o.w. permit before starting work ... Double fee (4) Use of any revenue generating/timed/designated public parking spaces (i.e. metered, permitted, cashiered, loading zone, designated, etc.): (a) Beach - Spaces (per day, everyday) ... 42 F;Q highest current City of Clearwater municipal daily beach rate 10 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 11 of 12 Plus tax if applicable Downtown - Spaces (per day, Monday--Friday) ... 3-98 highest current Citv of Clearwater municipal dailv downtown rate Plus tax if applicable b) Administrative Fees: The Parking System shall charge an administrative service fee for all parking space rental requests including valet ramp/valet storage rentals. The fee schedule is as follows: 1. $20.00 administrative fee assessed for any parking space rental of five spaces or less. 2. $30.00 administrative fee assessed for any parking space rental of six to ten spaces. 3. $50.00 administrative fee assessed for any parking space rental of eleven spaces or more. (5) Parking space/meter removal - permanent and temporary: (a) Permanent loss of r°??e a parking space as a result of construction on adjacent property causing elimination of a awn revenue generating/timed/designated public parking spaces (i.e., metered, permitted, cashiered, loading zones, designated parking, etc. paFkiRg Snor loading zones. Fee is based on loss of revenue for period of eae two 2 years based on daily amounts listed in number four (4) above. Fee for removal of loading zone will be treated the same as the loss of an adjacent metered parking space. (b) Temporary removal of parking meter/multi-space parking pay stations: 1. The fee for the removal of a parking meter/multi-space pay station and post shall be $50.00 per meter/pay station post. 2. The fee for re-installation of a parking meter/multi-space pay station and post shall be $50.00 per meter post. Payment in full shall be paid to the City of Clearwater Parking System in advance at a rate of $100.00 per meter post. (6) Permit fee to conduct race utilizing public rights-of-way, per participant ... 0.25 11 Ordinance No. 8168-10 Item # 32 Attachment number 1 Page 12 of 12 (a) The city manager may require the applicant to pay the charge as a deposit based upon the estimated number of participants and may deny the permit if the applicant refuses to pay such deposit. (b) The charge shall be remitted by the applicant within two weeks following the race event, if a deposit has not been required. If a deposit has been required, any underpayment shall be remitted or any overpayment shall be returned to the applicant within ten days after receipt of the affidavit provided for in subsection (c) below. (c) All applicants for special event permits to conduct a race shall provide an affidavit form at the time of payment of the charge or a request for refund of overpayment, a statement identifying the event and the number of persons that participated in the event. Section 16. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk 12 Ordinance No. 8168-10 Item # 32 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering schedules, and pass Ordinance 8202-10 on first reading. SUMMARY: The Governing Board of the Southwest Florida Water Management District (SWFWMD) lifted water shortage restrictions effective July 1, 2010, following a three-year drought. Created in response to the original water shortage restrictions imposed by SWFWMD, Clearwater Ordinance 7802-07 contains a provision giving the City Manager authority to alter Clearwater's watering restrictions contained in Code Section 32.153 upon declaration of changes by SWFWMD in accordance with SWFWMD's administrative order. Ordinance 8202-10 codifies Clearwater's normal condition watering schedule as altered by the City Manager and aligns the reclaimed watering schedule for more hours of availability and ease of enforcement. There are no costs associated with this item. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8202-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING WATERING SCHEDULE FOR ALL WATER SOURCES; ADDING SECTION 32.110, CODE OF ORDINANCES, ESTABLISHING GENERAL WATERING SCHEDULE DURING PERIODS OF NO DROUGHT; AMENDING SECTION 32.383, AMENDING RECLAIMED WATER HOURS OF USE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.110, Chapter 32, Article IV, Code of Ordinances, is added to read as follows: Sec. 32.110. General watering schedule. Under normal conditions, watering restrictions are as follows: 1) Established lawns and landscape Twice-per-week watering with all water sources (except reclaimed, which is allowed any day of the week): (a) Wednesday and Saturday - Even-numbered addresses (or A - M) (b) Thursday and Sunday - Odd-numbered addresses (or N - Z), or mixed or no street address 2) New Lawns 60-day establishment period for new and replacement turf (sod, plugs, seed, etc.), not between 10:00 a. m. and 4:00 p.m. (a) Days 1 - 30 - any day of the week (b) Days 31 - 60 - Tuesday/Thursday/Saturday (even addresses for A - MI) - Wednesday/Friday/Sunday (odd addresses for N - ZI) 3) All Water Sources (a) No irrigation sprinkler use between 10 a.m. and 4 p.m. (b) Hand watering, low-volume irrigation devices or drip tubing - any day, any time (c) Fountains, Car Washing and Pressure Washing are no longer restricted. If applicable, shut-off nozzle should be used. (d) Fertilizers, insecticides, fungicides and herbicides may be watered in As nPPdPd See 32.153 for water shortage schedule. See 32.383 for Reclaimed Water use schedule. Section 2. Section 32.383, Chapter 32, Article IX, Code of Ordinances, is amended to read as follows: Ordinance No. 820Rdrih # 33 Attachment number 1 Page 2 of 2 Sec. 32.383. Reclaimed water use restrictions. To conserve the resource, no irrigation by use of reclaimed water is allowed between the hours of 944 10:00 a.m. and 5L59 4:00 p.m. on each day of the week. When applied, reclaimed water should be used only to the extent necessary for irrigation needs of lawns, gardens and individual plants. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 820Rdrih # 33 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the timeline for negotiating changes to the Employees' Pension Plan, provide direction on changes desired, and appropriate $200,000 from General Fund retained earnings to pay for any costs incurred related to such changes including costs for legal and actuary services related to such changes. SUMMARY: Staff will be making recommended pension plan changes based on prior Council guidance to focus on eliminating the no-cost spousal benefit, limiting the inclusion of overtime in final pension calculations, extending the years of service to be eligible for retirement, and establishing of a second tier plan for future employees. Prior to that recommendation, these potential changes must first be coordinated with the Pension Plan Attorney to ensure compliance with all applicable laws and the Plan Actuary for a cost analysis. Once these recommendations are approved, the City must collectively bargain these changes with all the City Unions. Once collective bargaining is completed, an actuarial impact statement must be completed, approval obtained by the State Division of Retirement, drafting of the referendum language, and final approval by City Council. Due to these required steps the earliest a referendum can be held is November 2012. The proposed time line is as follows: Council determines specific changes to pursue: Sep-Oct 2010 Actuary provides cost data: Oct-Nov 2010 Follow-up discussions with City Council: Jan 2011 Collective bargaining: Feb-Apr 2011 Union agreement or impasse: May-Oct 2011 Actuary impact statement: Nov 2011-Jan 2012 Obtain State approval: Feb-Apr 2012 Draft referendum language May 2012 1st and 2nd Readings: Jun-Jul 2012 Ballot question to County Aug 2012 Referendum: Nov 2012 Review 1) Financial Services 2) Human Resources 3) Financial Services 4) Office of Management and Approval: Budget 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 34 Attachment number 1 Page 1 of 2 Potential Pension Plan Options This memorandum provides a summary of potential pension plan changes which the City may consider. The goal of any changes would be to achieve long term savings for the plan and ultimately reduce cost to the City. At the same time, providing an appropriate benefit to all of our employee groups which will ensure recruiting and retention is not negatively impacted. There has been a great deal of analysis provided by Staff, the Plan Attorney, and Plan Actuary regarding potential changes, the minimum benefit levels that must be maintained to meet Chapter 175/185 requirements, and the process we must follow to comply with State law. The City Council has been provided a recommended timeline that will allow us to submit any changes to a referendum during 2012. One potential change is to create a second tier defined benefit plan. We are not permitted to reduce or impair any benefit that has already been earned. However, we can create a new tier which will provide a reduced benefit for all newly hired employees and would result in savings for the plan. This approach would permit lower actuarial cost assumption for future employee pension benefits while maintaining a steady flow of new employees with a lower per capita retirement cost and a continuing stream of employee contributions. We can also include current employees for benefits not yet earned which would result in more immediate savings. The expectation our employee groups would agree to these changes without other concessions is minimal. A new tier could include the following: 1. Reduce the retirement Benefit Multiplier from the current 2.75%. We would ask the Actuary to cost out the savings for a .25% multiplier reduction to 2.0%. The multiplier for hazardous duty employees must not go below 2% in order to retain Chapter 175/185 funding. 2. Change the normal form of retirement benefit from a 100% survivor annuity paid monthly for five years; 50% survivor annuity thereafter to a ten year certain and life thereafter for hazardous duty employees and a life annuity for non-hazardous duty employees. 3. Change the line of duty disability benefit from not less than 66 2/3% to not less than 42%. 4. Limit the inclusion of overtime in the benefit calculation to 300 hours for Police and zero for all other employees. 5. Raise the employee contribution from the current 8% of pay. (Raising the contribution for hazardous duty employees would require a corresponding increase in benefits to comply with Chapter 175/185 requirements). 6. Raise the normal retirement age to attain eligibility for receiving retirement benefits. A second option is to create a defined contribution (401A) plan. This could be done for all employees or could be accomplished for all non-hazardous duty employees while maintaining the current or second tier defined benefit plan for hazardous duty employees. If this option was implemented for hazardous Item # 34 Attachment number 1 Page 2 of 2 duty employees, the City would lose all future Chapter 175/185 premium tax revenue. We could also anticipate that our ability to recruit and retain Police Officers and Firefighters would be significantly impacted. Using the FRS DC plan as a comparator, the City contribution rate would be 9% of pay. The City of Largo currently contributes 5% of pay while the employees contribute 5% of pay. Largo also participates in Social Security which would be an additional 6.2% of pay. We certainly would have the option to reduce or even eliminate the employer contribution. If the City chose to not have these employees participate in social security, the benefit would have to be equivalent to the benefit provided by social security. If we choose to participate in Social Security, the City contribution would also be 6.2%. Maintaining a defined benefit plan only for hazardous duty employees will most likely result in an increased employer contribution for those classes of employees. Another consideration is closing down the current Pension Plan will require the City to continue funding the plan for as long as there eligible participants/beneficiaries. It would also result in the elimination of the employee contribution. Conceivably, we may choose to adopt many of these changes, but more analysis is needed before we can reach a final position. The recommendation, at this point, is for Council to authorize staff to engage the Plan Actuary so the potential savings and/or costs can be determined. Any cost incurred by this initiative cannot utilize pension funds. Item # 34 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Establish the Clearwater Greenprint Stakeholder Steering Committee and provisions for member eligibility, categories and term of office, adopt Resolution 10-20, and appoint committee members. SUMMARY: Clearwater Greenprint will lead to the adoption of strategies and actions to enhance mobility, increase energy efficiency and conservation, and reduce greenhouse gas emissions citywide. The primary objectives of the project are to: 1) set the policies and strategies to guide energy efficient growth and redevelopment in Clearwater over the next 20 years; 2) develop an action plan for public and private sector decision-making that substantially advances the city in its pursuit of community sustainability and quality of life; and 3) meet requirements mandated by Florida Senate Bill 360 (transportation mobility) and Florida House Bill 697 (energy-efficiency). A steering committee comprised of Clearwater stakeholders will benefit the Clearwater Greenprint project by providing strategic direction and evaluation of the planning process and products (e.g., proposed strategies and actions). The Stakeholder Steering Committee will consist of 15-21 members representing diverse perspectives, experiences and cultures. Specifically, the committee will assist the project team in: Establishing strategic direction for Clearwater Greenprint; Setting mobility and sustainability goals and policies for Clearwater Comprehensive Plan; Generating public interest and participation in project surveys, interactive open houses and public hearings; Communicating the vision and strategy to others within their professional and social networks; and Ensuring vision continuity through leadership changes. For the first phase (comprehensive plan amendments), the members will participate in a series of scheduled committee meetings from August 2010 to February 2011, at which time the adoption public hearing process begins. The committee will reconvened in spring/summer 2011 to commence the projects' second phase (Community Development Code amendments). Member terms of office will be two years-- a little greater than the anticipated timeframe for the both project phases. It is hoped that members will be able to participate throughout both project phases. The committee will sunset at the conclusion of the same two-year period. A call for committee member applications was published on June 21, 2010, and 27 applications were received by the Planning and Development Department prior to the July 14, 2010, application deadline. Staff has evaluated the applications based on the desired committee composition, as defined by the committee membership categories and targeted level of representation for each (see resolution), and developed a recommended slate of committee members for consideration and approval by City Council. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 35 Attachment number 1 Page 1 of 2 H J m a z a 0 0 iy CL Z .J Zr a Ui z ? a 0 U z z OC W w 0 N U oc Q W ?J Z 0 = a W z Y Q W N oc C7 W a a W J U C a) E t E a a) a) n5 0 p V) s o C bio 4- U t o E C: a) C ? U C L S (1) 0 ' Cl h.0 VI Q O a p 4- C: 4? (J O O CO N 'a O O N v CA - > p L 0 H >, a O U s CO s VI E C Ln . VI M O U C U U 4? C a) 5 O Q a) N L CL 0 -0 m s Z L L U a) d M - o p L CO -a ? Q N (6 U FU 3 0 4- O a) M a) Ln 1 {n L C t)Z -a O U LL a) ? C a) rI O U +' aLn ) 0 s C: L C a) L a) a) a) E C: !E '> ? C L N " (6 U E N C a) C . a) O ?O O C C a) U s O , 7 tw a) 4- +? a O N O +? Lu N > U U O L 0 C: O - (1) 4 (6 ?: 4, -a L O U L i CO V) ?- 4- r'I -a Nt,O '> 'CA a CO L 0 M z w U 0 > L 0 U V) O ri 7 CU L C Lu w a) > C ' (1) 4 U a) o a 4, E 0 3 3 a) a U E C `? a ? '- E c a C O ) ) o 4- 4- U ° 3 72 `^ C ' C a Q) C7 C7 ?' - +? v u 3 ° ? o u ) a; C U C U M U M L a) a) '- c`a a) E C to s a; a 3 a) p Ln Ln o U -0 U o Lu W Q U > U C1 C1 U U Q W N W D C1 U- J Q CO C1 N l0 r- Ln N ri N N M N a) 3 > s L a) O -le C U C f6 E V) a) C: a) bio 'i > p bio ti.0 Q LID U 0 C S >> ° C: J CL a) C: bio a) c c d 'a Q - >, Q) _C V) M to Q t o S C a) to O = E C C: .L C X L U 0 >` L LU U Q H M ri ar ? C M ? L QJ O ri L E L L 0 0 ? 1 3 a) `? 3 3 c`o > a) a) ° E C w C c 3 L a) s: S? C V) r- a) a) o o > V) CL Q U U CO s: C: C U s +1 - a E ) E r u ) o 0 3 N C C: M c -F > C 0 Q) C a a) a) a) p y o U w (O > U `^ U N J m 0 0 U W m ri a) tin n5 a O ri O N LrI N h.0 Q Item # 35 Attachment number 1 Page 2 of 2 r m a Z a N QJ Cr 0 O CL Z .J Zr a w Z 0 ? a 0 U - Z Z :) OC W w 0 N U oc Q W ?J Z 0 R M a W z Y Q W oc Ln c? oc W a a W J U a? O te a ' E L E O O U CD ? C: O O VI (1) -0 C: N > . > -a T) O a U a CA U (1) CL ? } 0 C a 0 N O Q m N E O m m U C: bio U a) C: L, O L L -a L L O } L L 0 ? 0 a? -a E ; 0 tw > - _ > o L > U tw -a ° > f+ ° > N a) C1 qA 4- N U a) a Q s tw Q > i E L L O Q C Q M • U C: L C: O • U ?, CO O O C: +, W W W U M CO +- > 4 + o C 3 0 - " C: 4 C: 0 - C: = ° 76 M s c 0 s L W L a) E a) E a) w `? CL . W C: O ? a) E 0 W E U U . p 'a U 0 ? N CO a S C: :E a) O L LU U N U C C L h.0 ? . S • 0 ?i U M 4- M U 0 0 C O -a U U O U bio CO 4'.? v) a) -0 > L O L L M U U Z M M M a? Lu (1) ? > 'Zl -0 E V) "' CL a?i 4 C: L?" L?" CO C C E CO L 3 3 7 U L L N > oo L L CL L 4 ± V U M U U a) Q) 4- N E M N 4 +' c aai ca M M U .? a) ca E a) O 0 - C7 C7 M _ N = L U N O n aJ U N n ? J L M M C CL (6 U L C to +j E a S CO L C CSO L L M 1 O VI n N D L M L ) u L O D a U L U w c? ( L U L d ( U L L L U U ? ? ? ? rl l0 ? ? l0 l0 l0 CL a p - c W N C: C J C C Ln • > Ln a) 3 L ' M C: M + p ' a) W C: O in c ? c n Q '-'- 0 c W C7 (6 C L m O + a) CA a) M c G 0 0 C: Q >• L CL L O U S U >- CO N U V' E L a) 0 4+ N +? L L M C: 'Z, a 1 V 0 a o 0 3 E Ln .0 7 O (6 O a? U E O w U a O ai r QJ s U (n O U Q Q a) I p O O p ? ? O L s ±' CD CL ? C: C: • O Ln O ? C: L O 0 C: C: E r W >, O O .a L C 7 E C: E C: u, 4 - Es E o o E O - O- ? 6 U M = E E a) L m y 0 - U m E M > a M a > M .0 0 -0 0a) O M M U O >, O O C: O C: O O N W U Z U V R W J U CO W CO W CO of Z U N (1) q0 f6 CL 0 ci 0 N LrI q0 7 Q Item # 35 Attachment number 2 Page 1 of 2 RESOLUTION NO. 10-20 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING A STAKEHOLDER STEERING COMMITTEE FOR THE CLEARWATER GREENPRINT ENERGY EFFICIENCY, CONSERVATION AND MOBILITY STRATEGY; PROVIDING FOR MEMBER ELIGIBILITY; PROVIDING FOR MEMBERSHIP CATEGORIES; PROVIDING FOR AUTOMATIC REMOVAL FROM THE COMMITTEE UPON MEETING NONATTENDANCE, AND FOR REPLACEMENT; PROVIDING FOR MEMBER TERMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Mayor Frank Hibbard signed the U.S. Conference of Mayors' Climate Protection Agreement in 2007, committing to protect the environment through the reduction of greenhouse gas emissions; and WHEREAS, Florida House Bill 697 (2008) requires local comprehensive plans to include energy efficient land use patterns, greenhouse gas reduction strategies and energy conservation; and WHEREAS, Florida Senate Bill 360 (2009) provides for local comprehensive plans to include land use and transportation strategies to support and fund mobility in Transportation Concurrency Exception Areas in lieu of transportation concurrency requirements; and WHEREAS, the U.S. Department of Energy awarded a grant to the City to develop an energy efficiency, conservation and mobility strategy and associated comprehensive plan policies and land development regulations to advance the objectives of the foregoing actions; and WHEREAS, the Clearwater Greenprint project will culminate in the adoption of short and long range strategies and actions to enhance mobility, increase energy efficiency and conservation, and reduce greenhouse gas emissions citywide; and WHEREAS, the City desires to establish the Clearwater Greenprint Stakeholder Steering Committee (Committee) to incorporate the diverse perspectives, experiences and cultures of the Clearwater community in the creation of a sustainable community vision and framework for action; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Clearwater Greenprint Stakeholder Steering Committee is hereby established. Resolution No. 11MEN # 35 Attachment number 2 Page 2 of 2 Section 2. The role of the Committee will be to provide strategic direction and evaluation of the Clearwater Greenprint process and proposed strategies and actions. Section 3. Persons who live, own property or are employed by a company located in the Clearwater incorporated area are eligible to be considered for membership on the Committee. Section 4. The following membership categories and targeted levels of representation will guide the City Council selection of 15 to 21 persons to the Committee: • Resident (4-7) • Represents Economic Environment (1-3) • Represents Built Environment (1-3) • Represents Social Environment (1-3) • Represents Natural Environment (1-2) • Community Development Board Member (1) • Environmental Advisory Board Member (1-4) Section 5. A member of the Committee who fails to attend any three Committee meetings shall be deemed removed from the Committee without the necessity of further action. In the event of such removal, the City Council may thereafter select a replacement Committee member. Section 6. The term of office for Committee members will be two years from the effective date, at which time the Committee will be dissolved. Section 7. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2010. Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Resolution No. ol$eM # 35 ?- Meeting Date:8/5/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Council Policies SUMMARY: The Council reviewed its policies at the June 1, 2010 Work Session. Revisions have been made based on direction provided. Staff also recommends amending Policy 24E, Landscaping of City roads, to include consideration of ease and frequency of maintenance in landscape material selection. Staff requests the Council review Policy 2013, Sparkling Clearwater, and provide direction regarding whether changes are needed to reflect current Council philosophy. Finance is preparing an updated Investment Policy to present to Council at the August 18, 2010 Council Meeting. Review Approval: 1) City Manager 2) Clerk 3) City Manager 4) Clerk Cover Memo Item # 36 Attachment number 1 Page 1 of 31 CITY COUNCIL POLICIES TABLE OF CONTENTS Boards ....................................................................................................... Page 1 Representative Balance ......................................................................................1A Ad Hoc Committee ..............................................................................................1 B City Representatives on Non-City Boards .......................................................... 1 C Non-Board Business Functions Sunshine Law .................................................. 1 D Special Request ..................................................................................................1 E Input to Other Boards/Committees ......................................................................1 F Letterhead .......................................................................................................... 1G Campaign Material During Meetings .................................................................. 1 H Input from Advisory Boards .................................................................................1 1 City Representatives on Non City Boards (Deleted by Council 8-21-03) ............ 1 J Advisory Board nn;er Appreciation ...................................................................1 K Budget ................................................................................................ Pages 2-14 Balanced Budget ................................................................................... ..............2A Maintenance of Capital Plant and Equipment ....................................... ..............2B Budget Review Process ........................................................................ ............. 2C Budgetary Position Control ................................................................... ............. 2D General Fund Unappropriated Retained Earnings ................................ ..............2E Capital Improvement Budget and Capital Improvement Plan ............... ..............2F Road Millage ......................................................................................... ............. 3G Enterprise Funds ................................................................................... ............. 3H Enterprise Fund Transfer Payment ....................................................... ..............3 1 Interfund Administrative Charge ............................................................ .............. 3J Interfund Other Service Charge ............................................................ ..............4K CRA Contribution to General Fund ....................................................... .............. 4L Special Events Fee ............................................................................... .............4M Accounting Procedures ......................................................................... ............. 5N Review of Rate Schedules .................................................................... ............. 50 Review of Annual Audit ......................................................................... ..............5P Investment Policy .................................................................................. ............. 5Q Debt Management Policy ...................................................................... ........... 11R Central Insurance Reserve Policy ......................................................... ............13S Clearwater Gas System Gas Supply Hedging Policy ............................ ............13T City Council ...................................................................................... Pages 15-17 Resolutions .................................................................. .....................................15A Proclamations .............................................................. .....................................15B Representation on Boards ........................................... .................................... 15C Citizen Inquiries-Responses ........................................ .................................... 15D Departing Councilmembers' Gifts ................................ .....................................16E Travel ........................................................................... .....................................16 F Fund Raiser ................................................................. .................................... 16G Staff Projects ............................................................... .................................... 16H Annual Dinners ............................................................ .....................................16 1 Televising Council Meetings ........................................ ..................................... 17J Information Available to Public and Press .................... .....................................17K Distribution of Council Mail .......................................... .....................................17L i Revised 08/04AIam # 36 Attachment number 1 Page 2 of 31 Table of Contents (contd) Strategic Planning ............................................................................................18M City Employees ....................................................................................... Page 19 Participating in Auctions ....................................................................................19A Reimbursement of certain meal event .....................................................19B General Administration ................................................................... Pages 20-23 Application Fee Waivers ..................................................................... ..............20A Sparkling Clearwater ........................................................................... ..............20B Fire Lanes ........................................................................................... ............. 21 C Copyright Fees .................................................................................... ............. 21 D Renewal .............................................................................................. ..............21 E Stationery ............................................................................................ ..............21 F Welcome Letters ................................................................................. .............21G Citizens to be Heard Response .......................................................... ............. 21 H Special Event Street Closure Limitation ....................................... ............211 Road Side Memorials .............................................................. .......... 21J City Sponsored Events ............................................................ ............21 K Land Development ........................................................................... Pages 22-25 Annexation Agreements ...................................................................... ..............24A Subdivision Monuments ...................................................................... ..............24B Petitions for Annexation ...................................................................... ............. 24C Easement - US 19 (Deleted by Council 8-21-03) .............................. ............. 24D Landscaping of City Roads ................................................................. ..............24E Parks & Recreation Card to Annexing Property .................................. ..............24F Waiver/reduction of Liens ......................................................... ........... 25G Legal ........................................................................................................ Page 26 Case Reports ....................................................................................................26A Leisure .............................................................................................. Pages 27-29 Holiday Decorations ..........................................................................................27A Library Donor Naming Recognition .........................................................27B Amplification of Sound at City Venues ................................................... 28C 12 and 13 year Olds' Use of Recreation Center Fitness Rooms .................. 28D ii Revised 08/04AIaM # 36 Attachment number 1 Page 3 of 31 CITY COUNCIL POLICY BOARDS A. Representative Balance. When making appointments to a board, the City Council will strive to assure the board has a balance of race, gender and geographical area of the City represented. B. Ad Hoc Committees. Members of boards may also serve on Ad Hoc committees or Task Forces. C. City Representatives on Non-City Boards. Citizens appointed by City Council to be the City's representatives on non-City Boards will serve no more than three consecutive terms. The representatives shall keep the Council informed of the activities of the boards by PFGVmdmRg aRR al reps61RIP-1-31-3 YefTegHeRt FepeFts aFe Fequested. Note. Policy C Revised and approved by Council 8-21-03 D. Non-Board Business Functions - Sunshine Law. In order to eliminate the possibility or appearance of violation of the Sunshine Law, all boards and committees appointed by the City Council are requested not to schedule luncheons or other non-board business functions. E. Special Request. Requests for special reports on projects will require Council or City Manager's approval prior to staff commencing efforts in this regard. F. Input to Other Boards/Committees. Upon majority approval, a board may advise other boards or agencies regarding its position on issues but may not represent that position as City policy. G. Letterhead. Advisory Board letterhead may be used and staff assist when correspondence is written on behalf of the entire board. Letterhead will not be used by individual members expressing individual opinions and concerns. H. Campaign Material during Meetings. During City Council and board meetings, board members will not display material supporting or opposing candidates or issues on any election ballot. 1. Input from Advisory Boards. Staff will assure that input from advisory boards regarding issues coming before the City Council is noted in the City Council's agenda items. J. City Representatives on Non-City Boards (Note. Deleted by Council 8- 21-03) K. Advisory Board Dinner-Appreciation. Each recipient of an invitation to the Annual Advisory Board Appreciation iffier event may bring one guest. Members should attend at least one meeting prior to being invited to the annual der event. 1 Revised 08/04AIaM # 36 Attachment number 1 Page 4 of 31 CITY COUNCIL POLICY BUDGET and FINANCE t4k ?r f- ? N A. Balanced Budget. It is a policy of the City Council to adopt a balanced budget for all funds. The City will avoid budget and accounting practices that balance the budget at the expense of future budgets. The City will also avoid budgeting any unrealized investment gains due to the City's practice of holding investments until maturity. B. Maintenance of Capital Plant and Equipment. It is a policy of the City Council that the City's budget will provide adequate funding for maintenance of capital plant and equipment and the funding for their orderly replacement. C. Budget Review Process. It is a policy of the City Council to be provided with a quarterly budget report comparing actual versus budgeted revenue and expense activity. D. Budgetary Position Control. It is a policy of the City Council that the total number of permanent full-time and part-time positions (full-time equivalents) approved in the annual operating budget may not be exceeded without prior approval of the °. ithnriZed doffing revel of the City Council. E. General Fund Unappropriated Retained Earnings. It is a policy of the City Council to maintain a General Fund reserve equal to 8% of the subsequent year's budgeted expenditures as a contingency fund to meet unanticipated financial needs. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available, and may be appropriated by the Council for specific Capital Improvement Projects or other one-time needs. In addition, the City Council will maintain an additional General Fund reserve equal to '/% of the subsequent year's budgeted expenditures to fund unanticipated retirements of General Fund long-term employees during the given fiscal year. Any appropriations approved by the City Manager during the year, for this purpose, will be noted in the City Manager's quarterly budget report. F. Capital Improvement Budget and Capital Improvement Plan. It is a policy of the City Council to adopt a six-year Capital Improvement Plan and Budget which summarizes the project scope, estimated cost estimates by project, method of financing, and anticipated operating costs of each project. 2 Revised 08/04AIaM # 36 Attachment number 1 Page 5 of 31 Budget and Finance (contd.) G. Road Millage. In order to maintain the City's sidewalks and streets (including curbs and bridges), a road millage will be designated as a part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs. H. Enterprise Funds. It is a policy of the City Council that all Enterprise Fund operations shall be self-supporting, and shall pay administrative and other appropriate service charges to General Fund Operations for support at a level determined by the City Council. Enterprise Fund Transfer Payment. It is a policy of the City Council that the specific enterprise operations designated by the City Council shall annually transfer to the General Fund an amount determined appropriate to be considered reimbursement in lieu of taxes. The current rate is 5.5% of prior year gross revenues. April 1989 policy adopted by councilmembers established this rate at 4.5% of prior-year gross revenues. This proportionate rate was adopted to accommodate growth, and replaced prior years' policy of a prescribed dollar contribution. Other than the exceptions noted below, the rate of 4.5% remained in effect until the City Council adopted the amended rate of 5.5% in September 2005. Upon adoption of the Gas Strategic Plan in fiscal year 1995196, the Council agreed to replace the Gas Support contribution with a franchise fee from natural gas customer accounts payable to the General Fund. This, in combination with the Gas dividend, offered the General Fund the same level of support as fiscal year 1995196. The Gas System Dividend will be a minimum of $1,000,000 plus a PILOT (Payment in Lieu of Taxes) fee of at least $508,720. Such PILOT fee will be paid by the Gas Franchise Fees to offset such PILOT payment. When the Gas System Net Income less Bond Interest Earnings exceeds $2.0 million for any fiscal year, the Gas Dividend payment for the next fiscal year will be one half of that amount. In September 2000, with the adoption of the 2001102 Annual Operating Budget, the City Council expanded this policy, which had previously been imposed only on the utility enterprises, to include an annual payment in lieu of taxes from the Marine and Airpark Fund. At the-GUFFG-R-t-t>n4e, the o Fk4pg Fund has not been impose UGh ° ^°) e/4 (In FY 2009 the Parking Fund began paying the PILOT) J. Interfund Administrative Charge. It is a policy of the City Council that an allocation shall be made annually distributing the costs for administrative support departments among all operating departments. This distribution shall be proportionately based on the operating 3 Revised 08/04AIaM # 36 Attachment number 1 Page 6 of 31 department's annual budget, and shall not be charged to General Fund departments. Upon adoption of the Gas Strategic Plan in fiscal year 1995/96, the Council agreed to maintain the same charge for administrative support from the Gas Fund for fiscal year 1995/96 which will be increased annually by estimated the cost of salary increase index (fiscal year 2001/02 - 5%). Beginning in fiscal year 2001, the City Council approved an adjustment to the Gas Fund charge increasing the charge by $325, 000 over the computed amount to bring the Gas Fund more in line with the proportionate amount calculated in the same manner as the Other Enterprise Funds. inn Due to the natu z e of the ? rrafben4ew upe , this s ent ?-rccerprisrrrc e epeFacr crcr? - v -rn-r?vro-rcov--r-ar?rcvpc?zcvrr is not nharned this fee K. Interfund Other Service Charges. It is a policy of the City Council that the cost of services provided to Enterprise Fund Departments by General Fund Departments shall be charged to, and paid by the Enterprise Fund. L. CRA Contribution to General Fund. It is the City's policy that services provided for administrative support to the Community Redevelopment Agency (CRA) by City employees shall be reimbursed to the General Fund. Such reimbursement shall be approximate actual costs incurred by the department, together with any associated costs. M. Special Event Fees. The Special Events Committee will review applications for use of City beaches, sidewalks, outdoor recreation open space and rights-of-way. Sponsoring organizations will be responsible for the costs of all City services needed in conjunction with the events unless they are City sponsored or co-sponsored events. The City Council may waive all or a portion of fees and related charges for City sponsored or co-sponsored events, including, but not limited to Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot, Iron Man and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co- sponsorship and waiver of fees for those to be submitted in the budget will be brought for City Council acceptance in March of each calendar year. All items accepted by the Council are then to be included in the appropriate department's budget. Only after the item is passed as part of the approved budget is the item considered to be funded. In the event additional monies are requested beyond what is included in the approved budget, City Council approval will be needed before said additional funds are appropriated. Note. Policy M Revised and approved by Council 8-21-03 4 Revised 08/04AIaM # 36 Attachment number 1 Page 7 of 31 Budget and Finance (contd.) N. Accounting Procedures. It is a policy of the City Council to establish and maintain a standard of accounting practices on a basis consistent with Generally Accepted Accounting Procedures (GAAP), and the Governmental Accounting Standards Board (GASB), and the standard practices of the Government Finance Officers Association of the United States and Canada (GFOA). The City will also comply with the rules of the Auditor General and the Uniform Accounting System as required by the State of Florida. 0. Review of Rate Schedules. It is a policy of the City Council to review rate schedules of the City of Clearwater at a minimum of every 5 years. The purpose of the review will be to assure rates are set in a manner to be fair and equitable while covering the City's cost to provide the service. Unrestricted fund balances (working capital reserves) should be maintained at a level equivalent to at least three months' operation and maintenance expense. P. Review of Annual Audit. It is a policy of the City Council to have a Certified Public Accounting firm perform an annual audit on all of the City's funds. A work session will be held each year within 60 days of the release of the annual financial audit of the City. At that time, the overall financial condition of the City and its enterprise funds will be reviewed. Q. Investment Policy. (1) SCOPE The statement of investment policy and investments of the City's pooled cash, investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Trust Funds guidelines applies to all which includes cash and The policies set forth do not apply to the Employee Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. (2) INVESTMENT OBJECTIVES A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. 5 Revised 08/04AIaM # 36 Attachment number 1 Page 8 of 31 Budget and Finance (contd.) From time to time, however, securities may be traded for other similar securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes, providing any of the following occurs with respect to the replacement security: The yield has been increased, or The maturity has been reduced, or The quality of the investment has been improved B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with maturates each month except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. And unless, specifically matched against a debt or obligation not more than 10% of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. (3) PERFORMANCE MEASUREMENT The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 25% 3 month Treasury Bill rate 20% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 20% 3 year Treasury Note rate 20% Total 100% 6 Revised 08/04AIaM # 36 Attachment number 1 Page 9 of 31 Budget and Finance (contd.) (4) PRUDENCE AND ETHICAL STANDARDS The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. (5) AUTHORIZED INVESTMENTS 1. The City shall limit investments, as authorized in Florida Statutes to: a. Direct obligations, the United States Treasury. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. b. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). C. Securities and Exchange Council registered money market funds with the highest credit quality rating from a nationally recognized rating agency. d. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 FS. e. Debt issued by the State of Florida or any political subdivision thereof including pools. f. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or 7 Revised 08/04AIaM # 36 Attachment number 1 Page 10 of 31 Budget and Finance (contd.) instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. g. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01. h. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (6) Maturity and Liquidity Requirements A. The City will attempt to forecast expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. As stated above the City will ladder it's maturates so that there are maturates each month with the exception of months when the majority of Ad valorem taxes are received. C. The City will attempt to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than four years. (7) Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from over- concentration of assets in a specific maturity, issuer, instrument, dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% CMOs and REMIC 33% 8 Revised 08/04AIaM # 36 Attachment number 1 Page 11 of 31 Budget and Finance (contd.) Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. (8) Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. (9) Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will be notified by fax of the transaction including all details of the securities purchased or sold. The notification will be signed by two individuals authorized to make investment decisions. (10) Master Repurchase Agreement All approved institutions and dealer transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (11) Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: 9 Revised 08/04AIaM # 36 Attachment number 1 Page 12 of 31 Budget and Finance (contd.) A. The security involved is a 'new issue' and can be purchased 'at the auction'. B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the entity and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices one of the following to determine if the transaction is in the City's best interest: 1. Bloomberg Information Delivery System. 2. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. 3. Daily market pricing provided by the City's Custody Agent or their corresponding institution. (12) Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. (13) Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type. B. Book Value C. Market Value D. Income Earned 10 Revised 08/04AIaM # 36 Attachment number 1 Page 13 of 31 Budget and Finance (contd.) (14) Continuing Education The chief investment officer will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The chief investment officer will have sufficient knowledge and education to invest in any and all of the securities listed above. R. Debt Management Policy This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. 1. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt maybe used for financing capital improvements; this includes, but is not limited to, short-term and long- term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost-effective. 11 Revised 08/04AIaM # 36 Attachment number 1 Page 14 of 31 Budget and Finance (contd.) C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. 3. Issuance of Obligations A. Selecting Service Providers: 1) The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2) The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3) As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4) Any process utilized to select professional service providers in connection with the City's debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a) Promote competition b) Be as objective as possible c) Incorporate clear and rational selection criteria d) Be independent of political influence e) Be perceived as fair by the respondents f) Result in a cost-effective transaction g) Result in the selection of the most qualified firm h) Eliminate conflict of interest B. Method of Sale 1) Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2) Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3) Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1) Bonds will generally not have more than a thirty-year duration. 2) Lease Purchase debt will generally not have more than a five- year duration. Note. Policy R was revised and approved by Council 6119103 12 Revised 08/04AIaM # 36 Attachment number 1 Page 15 of 31 Budget and Finance (contd.) S. Central Insurance Reserve Policy It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers' compensation, health or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. If reserves are drawn down below the above target minimum balance, the City will develop a plan to replenish the reserves, generally within five (5) years. Note. Policy S was revised and approved by Council 0912012007. T. Clearwater Gas System Supply Hedging Policy It is a policy of the City Council to limit the financial risk to Clearwater Gas System (CGS) of natural gas purchases by Hedging a portion of its gas supply needs with the intention of reducing price volatility for the residential, commercial, and industrial customers of CGS. Hedging amounts for a specified period of time will NOT exceed the expected average natural gas energy usage over that time period. The City Representative shall issue a Directive to Florida Gas Utility (FGU) in the event that CGS would like FGU to take any action with respect to a Financial Product on its behalf. The General Manager of FGU shall not be authorized to enter into a Financial Product on a system- wide basis for CGS without a Directive from the City Representative. Financial Products shall be purchased or otherwise acquired for the purpose of risk management and, to the extent possible, shall be entered into in such a manner as to meet applicable accounting standards as a "hedge" for accounting purposes; provided that the failure to obtain any particular accounting treatment with respect to a Financial Product shall not form a basis for challenging or otherwise calling into question the legality and enforceability of a Financial Product entered into pursuant to a Directive. CGS shall not engage in any purchase or acquisition of Financial Products for Speculation. In the event if any inconsistency between the terms of this Policy and any existing agreement between FGU and CGS, including, without limitation, the All Requirements Gas Services Agreement, dated as of February 15, 2002 and as amended from time to time, between FGU and CGS and entered into pursuant to Resolution No. 02-02 the City of Clearwater, Florida, the terms of such agreement shall prevail. 1. City Representative - A representative of the City of Clearwater, Florida, who can authorize a Directive with respect to Financial Products, which term shall include, without limitation, any person designated as a "member representative" or "project participant representative" under an agreement between FGU and the City of Clearwater, Florida. 13 Revised 08/04AIam # 36 Attachment number 1 Page 16 of 31 2. Directive - An instrument, in writing, executed and delivered by a City Representative that gives directions to FGU, or otherwise authorizes actions by FGU, with respect to Financial Products and the related Financial Instruments. 3. Financial Instruments - One or more agreements entered into with respect to Financial Products by and among the parties thereto, which may include FGU, CGS, or both, or any other third party or counterparty thereto, and such term shall expressly include, without limitation, any assignment or termination agreement related to Financial Products by FGU, CGS, or both. 4. Financial Products - Swaps, options, caps, collars, floors, forwards, futures contracts, and any other Hedging transactions, and any combination of the foregoing, whether executed "over-the-counter" pursuant to private agreement of "exchange-traded" on one or more regulated contract markets. 5. Hedge - To minimize or protect against loss by counterbalancing one transaction against another or otherwise mitigating economic risk. The term "Hedging" shall be construed accordingly. 6. Speculation - Using Financial Products in a manner not reasonably expected to reduce the risk associated with CGS business activities. Note - Policy T was adopted on December 2, 2004. 14 Revised 08/04AIaM # 36 Attachment number 1 Page 17 of 31 CITY COUNCIL POLICY CITY COUNCIL ` A. Resolutions. An individual Councilmember may request a resolution. However, prior to preparation of the resolution, there must be a majority of the Councilmembers agreeing to do so. B. Proclamations. The City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. Proclamations will not be issued to individuals, companies, "for profit" organizations, profit making agencies, political organizations or religious organizations. C. Representation on Boards. Councilmembers are asked to serve on various regional and governmental boards. Boards/Committees may be added or deleted from time to time. These duties should be distributed equitably among the Councilmembers. Appointment of Council members to these boards shall be evaluated annually in April. Whenever possible, a Council representative on a board or committee will receive Council input prior to taking a position regarding issues coming before that board. The representing Councilmember shall vote in accordance with the stated position of the majority of the Council. If it is not possible to obtain Council input the Councilmember is to act to the best of their ability in the city's interest and with prior Council positions in mind. Periodic review of the actions of these boards and committees is desirable and the representing Councilmember should coordinate these reports. D. Citizen Inquiries - Responses. 1. Generally responses should be in the same form as received, i.e. letter with letter. However, when deemed to be more appropriate a different form may be used. 2. Inquiries addressed to a specific Councilmember will be responded to by that Councilmember. 3. Inquiries addressed to the whole Council, whether in one letter or duplicate letters to all Council members, will be answered factually by the Mayor with an introductory phrase of "On behalf of the Clearwater City Council." When needed, pG4Gy responses shall requ+re 9theeF will be brought to Council for direction, GG innilmomh°rc prior to being sent. Mail will be routed to the appropriate staff to draft a response. Individual Councilmembers are not precluded from responding individually to express their opinion. 15 Revised 08/04AIaM # 36 Attachment number 1 Page 18 of 31 City Council (Cont.) 4. Inquiries received which are not specifically addressed to the Council or its members will be answered by the City Manager or designated staff member. 5. Cis ^f?sPGRdeReaWed Inquiries and responses will be distributed, via e-mail, to all Councilmembers ?.Ui+h on inrlinotinn of ,.Uhn will prepare a respnnce 6 Gepie A-f lett oil recpnncec fn inns iiriec orlrlreccer! fn +he GG innil nr a (`ni innilmemher will he previded to ell GG innilmemherc - 6& Form letters or emails may be acknowledged but will not require a customized response. E. Departing Councilmembers' Gifts. Departing gifts shall be chosen in consultation with the outgoing members. The value of the gifts shall be a maximum of $300 for one full term, $500 for two full terms and $600 for more than two full terms. One full term. Plaque, nameplate, letter, pewter tray with seal, Council pictures. Two full terms. Plaque, nameplate, letter, ,fax manhi.pe 9 City watch, Council pictures. Three of more full terms. Plaque, nameplate, ring, collage or album, tray with seal, letter, gag gift, caricature. F. Council Travel. Payment for travel expenses shall be in keeping with the charter and the City's travel code. Specific amounts of the Council's travel budget shall be allocated to each Council member during annual budget preparations. At the end of each fiscal year Council members shall provide a report detailing that year's travel. Council approval shall be obtained prior to any member exceeding their annual allocation for travel. Note. Policy F Revised and approved by Council 8-21-03 G. Fund Raisers. It shall be at the discretion of individual Councilmembers whether or not to accept invitations to fund raising activities. Expenses incurred by acceptance are not reimbursable. City employees will not attend these functions as City representatives. H. Staff Projects. A Councilmember shall request staff research or projects only through the City Manager or City Attorney in accordance with the City charter. Any request that, in the determination of the City Manager or City Attorney, will take longer than 8 hours must be approved by a majority of the Council. The results of such research or projects, except for legal advice to an individual, will be shared with all council members. Annual ^m?rq Events. Newly elected Councilmembers shall be invited to the annual Phillies dinner and advisory board dippers appreciation event. 16 Revised 08/04AIaM # 36 Attachment number 1 Page 19 of 31 City Council (Cont.) J. Televising Council Meetings. All regular City Council meetings and work sessions will be televised on C-View. Efforts will be made to also televise specially scheduled meetings and work sessions. However, there will be times when this is not possible, or practical. No closed door attorney/client or bargaining sessions will be televised K. Information Available to Public and Press. All material prepared by the City Manager and City Attorney for the Council shall be provided to the press and to the public via the Official Records and Legislative Services Department. Note. Policy K Revised and approved by Council 8-21-03 L. Distribution of Council AUR Correspondence. All ma+4 correspondence to the Mayor and the Councilmembers arriving at City Hall received pursuant to the law or in connection with the transaction of official business by the City of Clearwater shall be seP+ed distributed as follows: When needed, e-mails will be forwarded to all Councilmembers by the Council Assistant. Councilmembers will receive the original of hard copy items individually addressed to them, whether anonymous or not. Council e-mails and other correspondence will be available on the City's website throuah the electronic document manaaement svstem. Genies A DepaFtmeRt, the Ile?rtmeRt, aR ! the p blip infnrmotinn filo Mail will be delivered to the Council at least once per week. OR days mail io net deliye-Fed iny+gming moil will be foxed to each CG innilmemher Other anonymous letters and suggestions will not be distributed but will be maintained in the City Manager's Office. Publications and lengthy agony-!- m?teri?lo fgr ether hr»ry-!o i IPGR WhiGh the GgiarnivGiIMi P_.M_he.F1_; Senye ?.Uill net be GGPied (lnly the age $ wo" he. 4 items of considerable length (such as petitions and agenda materials for other boards) will not be seP+ed, distributed b4A i7A rt-;;qZa--T?emg well ho dortroh, pd ARAM inning the availability of the it?mT ,,, hP Affi . These items, along with other routine correspondence not requiring responses will be noted on a weekly read file and available through the electronic document management system. Unless otherwise directed, Ma+t correspondence with the words similar to "Personal", "Confidential", or "For the Addressee Only" will be delivered unopened to the addressee. If such correspondence is determined to be related to Citv business. the receivina Councilmember is to forward to the Council Assistant for distribution The Mayer ony^I (`ni innilmemherc rey+ei?ying iny^liv0d lolly addressed moil W011 be eGPGR Gi Treplyinsinn the Git?y Manager gr City /?tteMe?y tg reply, nr planing `t'ff?he M. ??F GA GLageRda fenr fnormol G URGiT 17 Revised 08/04AIaM # 36 Attachment number 1 Page 20 of 31 The City Manager will discuss with the Mayor malicious mail. All e-mails received by the Councilmembers in their individual city email account will be forwarded to the Council Assistant for distribution, or email forwarding, in the same manner as other "hard copy" mail. The following emails will not be forwarded: SPAM/JUNK, broadcast general information or solicitation or items pertaining to scheduling. Emails or "hard copy" mail relating to city business, sent directly to a councilmember's home or private business, or hand delivered, shall also be forwarded to the Council Assistant for distribution. M. Strategic Planning. Each year the City Council shall meet in a strategic planning session(s). The meeting(s) will review the five-year financial forecast and update as necessary, the City's Mission, Values and Vision Statements. From these documents a five-year strategic plan will be developed. The five-year strategic plan will become the basis for the annual City Manager and City Attorney Objectives, and the City's annual budget process for the next fiscal year. 18 Revised 08/04AIaM # 36 Attachment number 1 Page 21 of 31 CITY COUNCIL POLICY CITY EMPLOYEES t, III A. Participating in Auctions. City employees and Councilmembers are prohibited from participating in City auctions involving the sale of property which has either been abandoned and confiscated, acquired with public funds or which has otherwise come into the possession of the City. They may attend as spectators but may not bid on or purchase items offered for sale. All actions that would lead to perceptions of participation, such as a family member bidding on items, should be avoided. It is the intent of this policy to avoid giving "insider" information or a profit motive to employees or their families in the disposal of surplus items. B. Reimbursement of certain meal events. The City Manager will determine when it is appropriate to reimburse city employees for meal costs associated with recognition, award and business related functions. 19 Revised 08/04AIaM # 36 Attachment number 1 Page 22 of 31 CITY COUNCIL POLICY GENERAL ADMINISTRATION ` A. Application Fee Waivers. Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other governmental agencies. If staff believes special conditions exist, such requests may be brought to the Council for consideration. Application fee waivers for governmental agencies will include all governmental projects including those in which the governmental agency is leasing property from a third party, providing the governmental agency is the entity which applies for and obtains the permit. PACT will be considered a governmental entity when considering application fee waivers. NOTE: The City Clerk's research regarding waiver of application fees shows the following: Chi Chi Rodriquez Youth Foundation - no waivers Center Foundation - waive building permit fees Pinellas County - waived building permit fees for work done by County forces; waive fees for variance application State of Florida - waive fees for variance applications Clearwater Ferry - waive building permit fees St. Petersburg Jr. College - refunded building permit fee for parking lot None of the above includes waiving impact fees. B. Sparkling Clearwater. In order to maintain and enhance the image of Sparkling Clearwater, the Council supports staff in enhanced solid waste recycling and conservation projects, tightening and increasing enforcement of codes (i.e., fence landscaping, prohibition of banners, lot clearing, etc.). Staff is also directed to place a greater emphasis on and coordinate aesthetic consideration on site plans and other development review (i.e., placement of dumpsters, fencing of dumpsters, property landscaping and landscaping of parking lots including perimeter plantings). Litter cleanup and "adopt a street or park" programs are encouraged. Educational and incentive programs for both City staff and the public addressing this issue should be developed. C. Fire Lanes. Fire Department personnel will participate in the enforcement of parking violations pertaining to fire lanes and fire hydrants. 20 Revised 08/04AIaM # 36 Attachment number 1 Page 23 of 31 General Administration (contd.) D. Copyright Fees. The City shall pay the necessary copyright fees to ASCAP for those concerts in the bandshell co-sponsored by the City. The City shall provide a monthly report to ASCAP regarding activities in the bandshell and ASCAP shall be responsible for collecting the fees from bands participating in non-City sponsored programs. In addition, the City shall pay the necessary copyright fees to BMI for showing movies at various recreation centers. E. Renewal. All renewals of agreements the City has with organizations or tenants should be presented to the Council at least sixty (60) days prior to the expiration of the original term. F. Stationery. The City shall have one form of stationery on which the City seal will be imprinted. Paper stock will be recyclable. Other forms in supply will be allowed to be used until said supply is depleted. Exception: The Gas Division may sent, a use its logo but the Gity Seal mi 16t ho Irn'+4?e?°?oro ^n +h° o4u4i?T ri crp G. Welcome Letters. Upon adoption of an Annexation Ordinance staff will prepare a letter for the Mayor's signature welcoming the property owner to Clearwater. H. Citizens to be Heard Response. When appropriate, responses will be sent to those addressing the Council under Citizens to be Heard regarding Items not on the Agenda. Special Event Street Closure Limitation. Street closures for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. J. Roadside Memorial Marker Program. The purpose of this policy is to establish the guidelines for the placement of standardized roadside memorials for people that have died as a result of a motor vehicle, pedestrian or bicycle crash within City maintained right-of-way on segments of roadway in incorporated Clearwater. The City of Clearwater, Traffic Operations Division, is responsible for the implementation of the Roadside Memorial Marker Program. The policy will apply to fatalities occurring after January 1, 2005. 21 Revised 08/04AIaM # 36 Attachment number 1 Page 24 of 31 The installation of a roadside memorial marker will be processed in accordance with the following: Requests for a memorial marker shall be submitted in writing to the Traffic Operations Division of Engineering by filling out a Memorial Marker Request Form. The form will be available online from the City's website or by calling the City. Requests may be made by immediate family members or friends. Requests from friends require written approval from the deceased's immediate family. Memorial markers will be designed, constructed and installed by the Clearwater Traffic Operations Division. The Traffic Operations Division will be responsible for designing the sign and ensuring proper and safe placement - the exact location will be at the discretion of the City. Memorial markers will not be allowed within the limits of active construction work zones. There shall be no activities while the memorial marker is in place that pose a safety hazard to the public or that violates any provision of Chapter 316 of the Florida Statutes concerning stopping, standing, parking, or obstruction of traffic on public roads. Memorial Markers will only be installed in residential areas where fatalities occurred with the written permission of the resident whose property is abutting the residential right of way where the memorial is to be placed. The requesting citizen will be notified once the installation is complete. Memorial markers will be allowed to remain in place for one year after installation unless earlier removal is necessitated by construction activities. After one year the sign will be removed by City forces. The memorial marker shall be a 15" diameter aluminum sign with a white background and black letters. The sign message will state `Drive Safely - In memory', and the family will have the option of adding the deceased's name to the sign. As an option, the City can offer an alternate safety message to the `Drive Safely' legend if desired by the family that would be specific to the type of crash, and as long as it will fit on the sign. Examples could be `Don't Drink and Drive', `Buckle Up', `Slow Down', etc. The sign will be mounted at a height of 3.5' (42") from the ground to the top of the sign. 22 Revised 08/04AIaM # 36 Attachment number 1 Page 25 of 31 The applicant will incur the cost of design, construction, installation, maintenance, and removal of the memorial marker. This cost is $300.00. Upon request the sign becomes the property of the applicant. K. City Sponsored Events. Events sponsored by the City, such as Volunteer Recognition, Advisory Board Appreciation, etc., shall be held within the City limits of Clearwater, unless the cost for a venue outside the City limits is at least 20% less. 23 Revised 08/04AIaM # 36 Attachment number 1 Page 26 of 31 CITY COUNCIL POLICY LAND DEVELOPMENT t, III A. Annexation Agreements. The City Manager is authorized to approve routine annexation agreements involving one existing or proposed residences. Where a discrepancy exists regarding land use designations, right-of-way requirements, or any other circumstances, administrative approval is not authorized. A quarterly report of administrative approval is requested. B. Subdivision Monuments. New entranceway landscaping, monuments, signage, and walls shall not be allowed within the public rights-of-way of the City of Clearwater. Such special treatments are to be upon private property and in accordance with all applicable codes and regulations. The owners of all existing entranceway features occupying public property are to execute an agreement with the City of Clearwater wherein owners agree to keep all features in good repair, hold the City harmless for any liability arising from the use of the public right-of-way, and provide a $500,000 liability insurance policy. Upon failure of the owners to execute such agreement and provide the required insurance policy after forty-five days from written notice, or by tagging the structure when owners cannot be determined, or upon failure of the owners to repair or maintain any feature of the site which has fallen in disrepair after similar notice, the Public Works Department is to remove all such materials occupying the public right-of-way. A wooden sign with breakaway features approved by the City Engineer may be allowed within the public right-of-way when associated with a city approved "Adopt a (fill in name)" program, and is to be limited to a size necessary to name the sponsoring agency in 3-inch letters. Such sign to be a maximum height of 18-inches. C. Petitions for Annexation. Request to be made that all contiguous parcels under the same ownership be annexed simultaneously. D. Easement - U.S. 19 (Note. Deleted by Council 8-21-03) E. Landscaping of City Roads. WeReVeF-pessible, Ia"GIonapine Will he A port of Gity read and c+roo+ imprniomon+/epee+n in+inn preion+c When landscaping is a necessary and integral part of a City road or street improvement/construction project the landscape material shall be selected and located based on ease and frequency of required maintenance. All such material shall be drought resistant. F. Parks & Recreation Card to Annexing Property. Resident Parks & Recreation cards may be obtained by petitioners for annexation upon acceptance of the application. 24 Revised 08/04AIaM # 36 Attachment number 1 Page 27 of 31 Land Development (Cont.) G. Waiver/reduction of liens. In order to encourage (re) development of properties for enhancement of property values and living conditions in the City, the following factors will be considered for requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe structures/demolition liens. ? Whether the violation has been brought into compliance regarding the violation cited. ? Whether extreme or undue hardship is shown regarding payment of the lien and/or regarding coming into compliance with code requirements during the required time. ? Whether there are existing code violations on other properties owned by the violator or prospective purchaser. ? Whether there is a development or redevelopment proposal regarding the property which would result in improvement or upgrade of the property. ? Whether, given such a development or redevelopment plan, it would be impractical to take the compliance action directed by the City Council. ? Whether payment would hinder a proposed sale of the property. ? Whether an appraisal of the property, submitted by the applicant, demonstrates to the City that the cost of the lien has been absorbed. ? The amount of a lien will not be reduced below the amount representing administrative costs incurred by the city regarding the case. 25 Revised 08/04AIaM # 36 Attachment number 1 Page 28 of 31 CITY COUNCIL POLICY LEGAL A. Case Reports. The city attorney shall furnish to the city council a quarterly report of pending litigation, identifying each case, opposing counsel, the nature of the case, and the status of the case as of the date of the report. In addition, the city attorney shall keep the city council and city manager advised from time to time as to significant developments in each case. 26 Revised 08/04AIaM # 36 Attachment number 1 Page 29 of 31 CITY COUNCIL POLICY LEISURE ` V t i1 A. Holiday Decorations. Holiday decorations along the rights-of-way to be installed or paid for by the city will be limited to the Downtown Core, Memorial Causeway, South Gulfview north of Ad-amc nn_rk to the southern point of Beach Walk, Mandalay south of Acacia and the business district on Sand Key. B. Library Donor Naming Recognition. The following guidelines govern donor recognition with regard to naming buildings, areas, rooms, collections, furnishings and equipment: 1. Library building names will have geographical or functional names only and will not be subject to availability for donor recognition. Clearwater Main Library and North Greenwood Branch meet the policy guidelines, but John Doe Main Library does not. 2. Naming of library internal functional areas, rooms, and major collections is the prerogative of the City Council. 3. Collections of materials, equipment or furnishings, which are accepted as gifts by the Library Director, and/or funded by individuals, corporations or foundations, may be recognized by a discrete engraved plaque mounted on or near the gift as appropriate, with the name of the donor displayed. For example "the John Doe collection of Illuminated Manuscripts" or "Computer Equipment for Research Provided and Maintained by the John Doe Corporation." 4. All signs and plaques printed with names of donors will be of similar appearance and will be consistent with the architectural design and interior decoration of the building. 27 Revised 08/04AIaM # 36 Attachment number 1 Page 30 of 31 Leisure (Cont.) C. Amplification of Sound at City Venues. The following guidelines govern the amplification of sound at City co-sponsored and private events held at City venues for musical and entertainment productions. 1. Amplification of sound and in particular music for an event must end at a specific time set by the City Manager or his designee. In general that time will be no later than 10:00 p.m. Sunday through Thursday and no later than 11:00 p.m. on Friday and Saturday, but on certain rare occasions permitted to be held longer. 2. Amplification of sound including music will not exceed an average of 95 decibel or dB level measured at the house mix over a period of 30 seconds. 3. Amplification of sound during the event will be measured by a City employee or City contractor by using a sound-level meter which is an instrument that includes a microphone, amplifier, RMS detector, integrator or time average, output or display meter and the weighting networks used to measure sound pressure levels. 4. The City employee or City contractor will measure the sound levels for every group performing at the event. 5. In the event a promoter or sponsor violates this policy the City employee or City contractor will require that the sound levels be adjusted to meet the standard. If after the first warning the volumes are not adjusted to meet the policy the City employee or City contractor will personally adjust the sound level to bring in compliance. 6. If a promoter or sponsor continues to violate this policy then they will not be allowed to have concerts at City venues. D. Ages 12 - 13 supervised use of City recreation fitness facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such person is governed by this Council policy and is limited to instances where such person is actively, directly supervised by the individual's parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy is defined as either biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is 28 Revised 08/04AIaM # 36 Attachment number 1 Page 31 of 31 designated by the parent or legal guardian on the "Parental Consent and Waiver/Release of Liability" form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian or designated responsible adult and individual child, must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the "Parental Consent and Waiver/Release of Liability" form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant's fitness facility use rights. 29 Revised 08/04AIaM # 36 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Council Rule 6 and adopt Resolution 10-21. SUMMARY: Meeting Date:8/5/2010 The Council reviewed its rules at the June 1, 2010 Work Session and directed a change to Rule 6 to expand the time allowed for public comment to 60 minutes. Review Approval: 1) Clerk Cover Memo Item # 37 Attachment number 1 Page 1 of 3 RESOLUTION NO. 10-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the Council Rules; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Council Rules are hereby amended as follows: RULE 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. Special recognitions and awards D. Minutes of previous meetings. E. Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. 5. Council questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Quasi-judicial Hearings (those giving testimony will be sworn-in): Resolution 10-21 Item # 37 Attachment number 1 Page 2 of 3 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents further evidence. May be cross-examined (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. All time limits may be extended upon request, and upon approval of request by majority of City Council. G. City Manager reports. H. City Attorney reports. Council Discussion Items (work session only). Other Council action (if agendaed from work session). K. Closing comments by Mayor. (2) Agenda items, other than public hearings, will be presented by staff followed by questions by the Council, public input, discussion by the Council, a motion and second, then debate on the motion. (3) Public comments in support or opposition of items before the Council shall be limited to a total of 99 60 minutes, which can be extended upon Council approval. Unless otherwise specified, persons speaking before the City Council shall be limited to three minutes per speaker. Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waves their right to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Council. When time limits are set for speakers, unused time cannot be passed from one speaker to another. Extensions of time limits can be given if approved by the Chair. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2010. Resolution 10-21 Item # 37 Attachment number 1 Page 3 of 3 Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Resolution 10-21 Item # 37 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: HLN Executive Committee/Committee Co-Chairs Recommendation on Ordinance Item. SUMMARY: Meeting Date:8/5/2010 Review Approval: 1) Clerk Cover Memo Item # 38 Attachment number 1 Page 1 of 2 HLN Executive Committee/Committee Co-Chairs Recommendation on Ordinance Item from May HLN Meeting Background (this will be included in the material to the HLNfor the Aug. 6 meeting): The Executive Committee/Committee Co-Chairs were directed to review the discussion from the March full HLN meeting concerning local ordinances and the HLN position on the criminalization of homelessness. They were also directed to recommend action to be taken on the motion proposed at that meeting by member G.W. Rolle to issue a public statement that the HLN believes that housing is a human right and call for a moratorium on local government ordinances that impact homelessness. The HLN Executive Committee and Committee Co-Chairs discussed the motion and the issue at length at their meeting of June 5, 2010. Options for Recommended Statement or Proclamation (NOTE: this is the choice of the Executive Committee/Committee Co-Chairs, whether to recommend a proclamation as shown in (1) below, or to recommend a statement to be issued by the HLNpublicly (2). In either case, the new wording would be added to any changes made to the 10-Year Plan in the upcoming Plan review and re-write.) (1.) The recommendation to the HLN could be to approve a proclamation to be issued by the HLN that includes much of the draft proclamation that G.W. Rolle proposed to the Executive Committee/Committee Co-Chairs. A re-worded draft proclamation based on the discussion, G.W.'s original, and Sandra Lyth's proposed wording is below. WHEREAS, safe, decent, adequate, accessible, affordable housing is a basic human right and is essential for healthy families and communities; and WHEREAS, an estimated 6300 men, women and children are homeless on any given night in Pinellas County, totaling more than 23,000 incidents of homelessness here annually; and WHEREAS, the Homeless Leadership Network does not support legal actions that directly or by implication result in the criminalization of homelessness as a condition, thereby creating barriers for homeless persons to achieve housing and employment, and which also burden the municipalities, courts and jails with additional costs that far outweigh the cost of housing; and WHEREAS, Pinellas County and several of its largest municipalities continue their commitment to preventing and ending homelessness in our county; and WHEREAS, the Homeless Leadership Network created and remains committed to the Ten Year Plan to End Homelessness in Pinellas County, which includes these two strategies: • Work with local law enforcement to encourage proactive approaches to addressing homelessness and to avoid unnecessary incarceration that hinders a person's ability to regain self-sufficiency; Item # 38 Attachment number 1 Page 2 of 2 • Work with local governments to discourage enactment of laws or ordinances that criminalize homelessness; THEREFORE, Be it resolved by the Homeless Leadership Network of Pinellas County, that: 1. We do hereby publicly declare that Housing is a Human Right and should be guaranteed to every American citizen; and 2. We urge local governments to create and implement processes that would, prior to any formal vote, require a public report on the impact of proposed ordinances or other legal actions that may negatively affect homeless persons, their income opportunities, and the safety of all persons, together with alternatives that may remediate the negative impact of such an ordinance or legal action; and 3. We urge local governments to work with the HLN to find sustainable solutions to the underlying causes of homelessness. (Note: emphasis added for purposes of discussion) (2.) The recommendation to the HLN could be for a public statement to be issued by the HLN via the media, and to be included in the revised 10-Year Plan: The Homeless Leadership Network publicly states that safe, decent, adequate, accessible, and affordable housing is a basic human right and is essential for healthy families and communities in Pinellas County. The Homeless Leadership Network does not support legal actions that directly or by implication result in the criminalization of homelessness as a condition, thereby creating barriers for homeless persons to achieve housing and employment, and which also burden the municipalities, courts and jails with additional costs that far outweigh the cost of housing. We urge local governments to create and implement brocesses that would. brior to anv formal vote. reauire a bublic report on the impact of proposed ordinances or other legal actions that may negatively affect homeless persons, their income opportunities, and the safety of all persons, together with alternatives that may remediate the negative impact of such an ordinance or legal action. We urge local governments to work with the HLN to find sustainable solutions to the underlying causes of homelessness. (Note: emphasis added for purposes of discussion) Item # 38 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Lease Extensions for Crabby Bill's and Beach Concessions - Mayor Hibbard SUMMARY: Meeting Date:8/5/2010 Review Approval: 1) Clerk Cover Memo Item # 39 Attachment number 1 Page 1 of 2 Crabby Bill's Clw. Beach Seafood Date Crabby Bills October-04 November-04 December-04 January-05 February-05 March-05 April-05 Additional % rent May-05 June-05 July-05 August-05 September-05 TotalFY04/05 October-05 November-05 December-05 January-06 February-06 March-06 April-06 Additional % rent May-06 June-06 July-06 August-06 September-06 TotalFY05/06 October-06 November-06 December-06 January-07 February-07 March-07 April-07 Additional % rent May-07 June-07 July-07 August-07 September-07 TotalFY06/07 7,506.43 8,334.00 9,144.59 7,506.43 8,334.00 12,095.49 7,506.43 8,334.00 11,048.48 7,709.10 8,334.00 3,389.72 7,709.10 8,334.00 3,392.99 7,709.10 8,334.00 3,567.29 7,709.10 8,334.00 9,029.91 83,311.93 7,709.10 8,334.00 10,155.61 7,709.10 8,334.00 9,317.40 7,709.10 8,334.00 10,407.05 7,709.10 8,334.00 8,757.48 7,709.10 8,334.00 9,395.80 91,901.19 183,319.93 99,701.81 Pier 60 Concession Alexandria of Clearwater Beach Pier 60 Umbrella Alexandria of Clearwater Beach 7,709.10 8,334.00 8,128.19 7,709.10 8,334.00 6,218.91 7,709.10 8,334.00 5,534.28 8,040.59 8,334.00 1,776.19 8,040.59 8,334.00 4,233.37 8,040.59 8,334.00 2,909.35 8,040.59 8,334.00 10,376.17 66,181.57 8,040.59 8,334.00 12, 266.82 8,040.59 8,334.00 10,750.23 8,040.59 8,334.00 12,543.11 8,040.59 8,334.00 13,167.39 8,040.59 8,334.00 12,304.56 95,492.61 166,189.57 100, 208.57 8,040.59 8,040.59 8,040.59 8,225.52 8,225.52 8,225.52 8,225.52 8,225.52 8,225.52 8,225.52 8,225.52 8,225.52 8,334.00 8,334.00 8,334.00 8,334.00 8,334.00 8,334.00 8,334.00 78,452.63 8,334.00 8,334.00 8,334.00 8,334.00 8,334.00 7,665.16 9,674.71 5,890.81 2,628.53 5,404.67 4,853.03 6,648.81 6,774.26 5,104.70 9,249.03 15,518.69 13, 200.27 98,151.45 178,460.63 92,612.67 Item # 39 Attachment number 1 Page 2 of 2 Date October-07 November-07 December-07 January-08 February-08 March-08 April-08 Additional % rent May-08 June-08 July-08 August-08 September-08 TotalFY07/08 October-08 November-08 December-08 January-09 February-09 March-09 April-09 Additional % rent May-09 June-09 July-09 August-09 September-09 TotalFY08/09 October-09 November-09 December-09 January-10 February-10 March-10 April-10 Additional % rent May-10 June-10 July-10 August-10 September-10 Total FY09/10 Crabby Bill's Pier 60 Concession Pier 60 Umbrella Clw. Beach Seafood Alexandria of Alexandria of Crabby Bills Clearwater Beach Clearwater Beach 8,225.34 8,334.00 9,095.03 8,225.52 8,334.00 8,624.81 8,225.52 8,334.00 4,662.44 8,472.30 8,334.00 5,159.51 8,472.30 8,334.00 4,264.49 8,472.77 8,334.00 6,398.05 8,472.77 8,334.00 12,997.51 101, 259.20 8,472.30 8,334.00 15,007.40 8,472.30 8,334.00 10,088.95 8,472.30 8,334.00 13,153.60 8,472.30 8,334.00 18,071.64 8,472.30 8,334.00 10,734.23 100,928.02 201,267.20 118,257.66 8,472.30 8,334.00 9,720.83 8,472.30 8,334.00 8,556.07 8,472.30 8,334.00 4,188.22 8,912.86 8,334.00 5,941.42 8,912.86 8,334.00 4,326.58 8,912.86 8,334.00 5,451.53 8,912.86 8,334.00 13,927.21 89,440.72 8,912.86 8,334.00 15,342.07 8,912.86 8,334.00 13,414.42 8,912.86 8,334.00 13,499.91 8,912.86 8,334.00 12, 246.81 8,912.86 8,334.00 10,588.62 105, 63 2.64 189,448.72 117, 203.69 8,912.86 8,334.00 9,757.86 8,912.86 8,334.00 8,856.95 8,912.86 8,334.00 4,315.64 8,912.86 8,334.00 3,205.96 8,912.86 8,334.00 2,213.98 8,912.86 8,334.00 3,219.63 8,912.86 8,334.00 8,609.68 97,518.53 8,912.86 8,334.00 16,961.39 8,912.86 8,334.00 14,700.00 8,912.86 8,334.00 13,697.45 89,128.60 180,858.53 85,538.54 Item # 39 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Sea Oat Planting SUMMARY: Meeting Date:8/5/2010 Review Approval: 1) Clerk Cover Memo Item # 40 { r cI d nq V- '1 "? 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L ilk F4 i r Attachment number 2 Page 1 of 2 Department of Geology vestal Research Lab Vitae Dr Ping Wang Assistant Professor Department of Geology University Of SOLath Florida 4202 E. Fowler Ave Tampa, ,.3362I Phone: 813-974- 9170 Fax: 813-974- 2654 Email: pwangcas.usf,edu a, I { Item # 40 Attachment number 2 Page, 2 of 2 Item # 40 o ?I L. I _ I' I i; I I I I I ? I . Isla I ? I? hl ?,v I , II , I• , I i 1 I I , 9 I n