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02/14/2007 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER February 14, 2007 Present: Paul J. Kelley Chair F. David Hemerick Board Member Edward O’Brien, Jr. Board Member - arrived at 8:02, departed 9:16 a.m. Mark A. Smith Board Member Bill Stephan Board Member - arrived at 8:03 a.m. Tim Trager Board Member Vacant Seat Board Member Also Present: Bill Morris Marine & Aviation Director Bev Buysse ` Marine & Aviation Assistant Director Catherine Yellin Administrative Analyst The Chair called the meeting to order at 8:01 a.m. at the Marina. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2 – Minutes Approval – January 10, 2007 Member Hemerick moved to approve the minutes of the regular meeting of January 10, motion 2007, assubmitted in written summation to each board member. The was duly carried seconded and unanimously. 3 – Old Business Discussion on process to address marine-related issues; Waterway Management Impact Form Marine & Aviation Assistant Director Bev Buysse said a form in the Waterway Management Plan will allow people to request changes that impact waterway usage and navigation. The Marine & Aviation Director will review the requests and submit feasible ones to the MAB (Marine Advisory Board) for consideration prior to approval. Feedback from board on recommendations for changes to City Code Sec. 33 In response to a question, Ms. Buysse said the current Code does not accurately reflect the Harbormaster’s authority to enforce rules and regulations, nor include language related to Florida Statute 327.60. The board recommended changes to Code Section 33 incorporate language identifying the Harbormaster’s authority to enforce waterway rules and regulations, with cooperation from Code Enforcement and the Police. Discussion ensued regarding Florida Statute 327.60, which permits boaters, not permanent live-aboard boat residents, to anchor for any length of time, anywhere but in designated mooring fields, channels, etc. The City is responsible for identifying live-aboard boaters. Only if the City can argue that a vessel is being lived on, can it enforce its 72-hour anchorage restriction. It was recommended that the Code establish mooring fields immediately. Marine Advisory 2007-02-14 1 It was recommended that the Code address: 1) Enforcement; 2.) Public anchorage; and 3) Moorings. It was requested that Ms. Buysse review the Code and make appropriate edits/amendments. Members were requested to e-mail Ms. Buysse with recommendations for specific amendments to the Waterway Management Plan by March 7, 2007. 4 – New business Yacht basin lift discussion It was reported that the Sandpearl is reducing the size of its dock project in the yacht basin. The importance of MAB review of new project plans prior to their approval was emphasized. Ownership of bottomland in Marina Harbor It was stated that the City does not own bottomland south of Water Lot 1 and documents were distributed referencing ownership of submerged land for Section 8 Lloyd-White-Skinner Subdivision just south of Water Lot 1 in Clearwater Marina Harbor. Marine & Aviation Director Bill Morris reported that Mr. Blackwood had purchased the bottomland at the City Recreation Center. Commercial tenant request for additional wave runners Larry Zuccolo, commercial tenant, requested increasing the number of three-person wave runners he operates from two to twelve. He said he limits the number of riders per wave runner to two. He said he and his family own and operate the business and abide by all PAPO regulations. He said each rental is escorted in and out of the marina. Discussion ensued with comments that parking should be contemplated during the consideration of applications. It was suggested the change would result in 72 trips daily. It was stated that parking congestion is a problem for only 10 weeks annually. In response to questions, Mr. Zuccolo said he had not expanded the business previously due to timing and costs, which he estimated at $150,000. He moved his business from a Clearwater beach hotel property when it was redeveloped. He agreed to restrict vessels to the north side of the Causeway Channel when entering and exiting the Marina. Member Smith moved to approve the request by Larry Zuccolo to operate 12 wave motion runners out of the Marina. The was duly seconded. Members O’Brien, Smith, Stephan, carried Trager, and Chair Kelley voted “Aye.” Member Hemerick abstained. Motion . 5 – Other Business Downtown Boat Slips It was recommended that MAB members let others know that they support the downtown boat slip proposal. Marine Advisory 2007-02-14 2 . . . Copies of "An Auditor's Analysis on the Consultants report to the City Re: Downtown Boat Slips" were distributed. Mr. Morris requested that board members contact him if they have any questions. 6 - Aoenda for next meetino on March 14. 2007 Board Members were requested to e-mail Ms. Buysse with specific amendments to the Waterway Management Plan by March 7, 2007, and also to submit recommended changes to the Code. 7 - Adjournment The meeting adjourned at 9:22 a.m. Marine Advisory 2007-02-14 ~~~ ::f~~ = Marine Advisory Board 3 ... . . . <</1'{j~7 ~~O b(<)~~ Mr. Larry Zuccolo has requested permission to swap commercial operations between the wave runner operation in slip 6 and the parasail operation in slip 21. Facts: · Mr. Zuccolo has had a dock permit and occupational license to operate two - 3 passenger wave runners out of slip 9 since November 8, 2004. · Mr. Zuccolo chose to not operate PWC's from slip 21 but has paid slip rent for the use of two PWC's in this slip since November 8, 2004. · Currently there is a parasail boat in slip 21 that will fit in slip 9 with minor dock modifications that Mr. Zuccolo is willing to pay for. · March 16, 2006, Mr. Zuccolo requested bringing 12 wave runners into slip 21, to replace the parasail vessel. · March 22, 2006, a letter of approval was sent to Mr. Zuccolo to transfer the parasail boat to slip 9 and operate 12 wave runners from slip 21. . No changes were made. · January 18,2007, Mr. Zuccolo contacted our office in writing to schedule the dock modifications and implement the changes. · Mr. Zuccolo was notified in writing that the process to implement changes that impact waterway usage has changed. He would need to present his request to the Marine Advisory Board according to the "draft" Waterway Management Plan. · Mr. Zuccolo makes the observation that several wave runner rental businesses are no longer operating out of Clearwater due to the condo development. · Mr. Zuccolo has been informed that his request will be discussed at the Marine Advisory Board meeting February 14,2007. Slips folder: Slip 21 folder: Request to swap operations 1-19-07 file ,~ . . . .. -: ,. << W fi.' f PJ~~.#'i'.\1' I:" {>l t\ L.~r.... ,,,,. ~ -r: ,.:/;:>\ I" l:l{th-4>...,.. \,'} 1. ;~:1'l-,,.;~.!:.,-t'.~ 6~""'" ~~t':\~:'~#~~ ",'f,"':", '~'1t, ;';:';,;:;l~TE:~,~;~~;'1 ;'--,$-' J~:IY'if" ;.,l, ~ j C I T Y 0 F CLEARWATER CLF..ARWATER MUNICIPAL l\1ARINA, 25 CAUSEWAY BOULEVARD, CLEARWATER, FLORIDA 33767 TELEPHONE (727) 462-6954 FAX (727) 462-6957 MARINE & AVIATION DEPARTMENT January 18, 2007 Mr. Larry Zuccolo 7108 Pelican Island Dr. Tampa, FL 33609 Dear Mr. Zuccolo, J have received your letter requesting permission to change business operations of slip 21 from a parasail operation to a Personal Watercraft: Rental operation and to adjust slip 9 for the parasail operation. When you submitted your original request, J was under the impression that you were going to make the change iinmediately. As of this date you have not made that change. We are currently using a different procedure prior to the change of a business operation that will impact the waterway usage in Clearwater Harbor. Prior to making an approval of a business change that will add Personal Watercraft operating out of the marina and impacting the waterway usage to and from the marina, your request will be discussed at the Marine Advisory Board. The Marine Advisory Board meets the second Wednesday of every month. The next meeting will be February 14,2007. Jfyou would like your proposal to be heard by the advisory board, please attend this meeting. Sincerel~. ' .~~ Bev Buysse Marine & Aviation Assistant Director BB FI{A~I\ IIIIIIIAHI1, MWOH JC )111\ DOHAi', Cc II :~CII..\IE"\lIEH BII,I.JCH\SC):\, CCII;~C1J..\IE:V\lIER IICl\"\' i LI:V\lITC1!\, (:IIl';\C1DIE.\IIIEH C,.\I{I.EN 1\. I'FTEI{SE~, Cl II ';\(;II..\IE.\\lIER * "EC,JI i,\1. EillI'I.OYillENT Ai\:1l AFFll{illATIVE ACTiO'" bII'IOYI':!{" v II II:J/<=VV r It:. <=<= t"1\^ I I I i i I .I i l&I vv I t~')v., I January 18, 2007 . Beverly Buysse Marine & Aviation Director Clearwater Municipal Marina 25 Causeway Blvd. Clearwater Beach, Florida 33767 Dear Beverly; On or about 3/14/06 we n:quested and were granted permission to move the vessel Flying Titne to Slip #9 and convert Slip# 21 to a waverututer location. We submitted our drawings, which were also approved. Our intent at that time was to budget our money and hold off on that expenditure until this year. Previously we had a waverunner location at the Holiday Inn Sand Key, which was demolished. The Adams Mark is also no longer in existence each of these hotels sponsored waVerunners (this accowted fo.- approJcimately twenty four skis) thusly a. void has been created and an additional need for wavenmners in Clearwater Beach. This letter is to update you on the status of our project and our intent to begin as soon as possible. As . always thank you for your help. We appreciate the concern and attention you have extended. ......-.....-/'" . dJr ~ l 0 7 V1)WtA.~ Ac:lJ,'i;(t &JiM& ~ . Clearwater Harbor Waterway Management Impact Form Approved 0 Disapproved 0 Date: What is your request? How will it impact Clearwater Harbor? (specific locations) How will it impact navigation to and from Clearwater Municipal Marina? . What benefit/detriment will there be for making this change? Are there any conditions you will conduct to minimize hazardous conditions? . S:waterway Management Plan:Waterway Management Impact Form.doc I Other remarks or comments: I . I Conditons of Approval: I Permits required: Yes No: Other permits required: . Will there be a cost to the city? Yes: No: How much? -l Will there be a maintenance fee involved? Yes: No: How much? I William D. Morris Harbormaster Director of Marine and Aviation Department City of Clearwater . S:waterway Management Plan:Waterway Management Impact Form.doc G-//l(lo1 ~AJM\sUKj6~ m~ ~~~-) . .~. -r) Yellin, Catherine Subject: MessageGUID: OriginalDate: Originator: Style: Morris, William D. Thursday, February 08, 2007 3:46 PM Colon, Carlos; Buysse, Beverly A Treuhaft, Linda; Hollander, Gwen; Yellin, Catherine; Pride, Patricia A; 'dsomers@pcsonet.com' RE: A04-01371 Marina general miscellaneous: New Florida Anchoring law From: .~t: Cc: {72282549-ACF5-43EA-8F2A-6A5FODB53E75} None Sql Marina general miscellaneous -----Original Message----- From: Colon, Carlos Sent: Thursday, February 08, 2007 3:33 PM To: Morris, William D. Cc: Treuhaft, Linda; Hollander, Gwen Subject: A04-01371 Marina general miscellaneous: New Florida Anchoring Law Bill, As I understand your question, you have asked whether based upon Florida Statute 327.60, can the City enforce its 72 hour anchorage ordinance for live aboard vessels and non-live aboard vessels. I provide the following guidance: . Florida Statute 327.60(2) states in pertinent part that "Nothing contained in the provisions of this section shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulations which prohibit or restrict the mooring or anchoring of floating structures or live-aboard vessels within their jurisdictions or of any vessels within the marked boundaries of mooring fields...However, local governmental authorities are prohibited from regulating the anchoring outside of such mooring fields of non-live-aboard vessels in navigation." The City's anchorage ordinance, Section 33.057(1) states that "Public anchorages within the city limits may be established or designated only by the city manager. Therefore, except as provided by section 33.055(3) and except as further provided in this section, the establishment of floating mooring devices or the anchoring of vessels in the waters of the city for any period exceeding 72 continuous or cumulative hours during any 30-day period, in lieu of mooring at a dock or similar facility, is prohibited. Any vessel violating the provisions of this section shall be subject to removal and impoundment as authorized by section 33.058." You have stated that the City does not presently have a designated mooring field. Therefore, the first part of F.S. 327.60(2) that references mooring and anchoring restrictions within a mooring field is irrelevant and not applicable to our situation and your question. We next look at the provisions within the statute that references anchoring restrictions outside of mooring fields. The statute is clear that the City cannot place any restrictions on anchoring of non-live aboard vessels outside of mooring fields. It is silent regarding implementing restrictions on anchoring of live aboard vessels outside mooring fields. As I see it, the City's present ordinance, when compared to F.S. 327.60(2), could not be used in part to enforce a 72 hour anchorage restriction. Per 327.60, the City could use the present ordinance to enforce the 72 hour anchorage restriction on live aboard vessels, but could not use it to enforce the 72 hour anchorage restriction on non-live aboard vessels. This begs the question, when is a vessel live aboard and when is it not? That is a question that will constantly be debated and it will all depend on the facts and evidence surrounding the circumstances at the time. If the City can argue that the vessel is being used as a live aboard vessel than we can use the present ordinance to enforce the 72 hour anchorage restriction, if the City cannot, then the ordinance could not be used to enforce the 72 hour anchorage restriction. . Carfos P. Cown Assistant City Attorney City Attorney's Office City of Clearwater 727-562-4010 1 ,c. . ;;L/ILfla7 lY1aJU/{(L klvts~&cucP- ~~ f1nn 8;((~ . An Auditor's Analysis on the Consultants report to the City Re: Downtown Boat Slips The city administration has waffled concerning whether the project will be funded wholly by boat owners' slip fees or require the infusion of taxpayer money to sustain liquidity. The initial feasibility study projected losses of approximately $300,000 annually; the city now states in its recent "Fact Sheet" mailing that "Slip rentals will pay the majority of the cost." Also, " This means that users of the facility will bear the costs". Note that they are carefully not claiming that slip renters will pay all the costs--only a "majority", whatever that might be. The city has already spent over $258,426 of taxpayer money on the Wade-Trim report plus $60,000 to influence the referendum vote thru meetings and mailers, taxpayer funded. It is left to the private political organization Citizens For A Beautiful and Active Waterfront to claim in their recent mailer that ''No Clearwater tax funds would be used to construct or operate the facility". Further, "The project would actually contribute almost $5 million to the city's general fund in the first 20 years". This is misleading. Specifically: . TAXPAYER CONTRIBUTIONS: The 'city has arranged for the Community Redevelopment Agency to transfer $500.000 to offset marina costs. TheDowntown Development Board is pledging $50,000 for ten years, a total of $500,000. This is $1,000,000 of taxpayer money that doesn't have to be spent here or anywhere else. SLIP RENTAL RATE INCREASE: The Wade-Trim Report reviewed slip rental rates in the area and concluded that $12-14 per foot per month.was.."competitive"; using their own data, however, Jhese rates are higher than any other marinus i!! the vicini!y':- To compensate for the~high rates, "Facility Management must target ~ustomer service to tend to the needs of boaters, providing assistance with provisioning, restaurant reservations, and transportation between the slips, downtown amenities, and the beach". Quite a level of service recommended for these boaters. . But using these recommended rates, the projected loss is an average $300,000 annual deficit. To correct this disturbing problem, the city found a solution: simply change the numbers, raising slip rentals to $15.50 per foot per month, well above competing marina rates. However, projected slip usage remains the same: 90% thet1. J;"'1l1 fITst y~ar, I 00% f~rever after. Thi~ 15%--~0~ increase in slip rates, ~hile still l ()~, (j fr. "'if assummg 100% shp usage, convemently ehmmates most of the defiCIt, on paper. ~ ~;- .\ f~~~ U. . '1 ~ ,o,tP / L... . '\ AWASH IN FUEL SALES: To ward off complaints, the city decided to eliminate . fuel sales at the downtown marina; but revenue from projected increased fuel sales at the existing Clearwater Marina of $83,000 annually is yet included in the Financial Feasibility Worksheet prepared by the city. The city is claiming income of$83,000 annually for the Downtown Marina based on the assumption that the new boat owners are all heading for the Cleanvater Marina for fuel. Fuel sales from the new marina are projected at 50 gallons per slip per month and 50 gallons per transient s~y for transient ~lips. That is a huge fuel forecast: The~e boats ~ust really be / ....If:.- 0 If'v~ thirsty and have bIg stomachs. u~y- .~ ~ ~ r7~ ~~ Boats are mostly floating furniture. My 34 foot sailboat, powered with a typical inboard diesel engine, would consume less that a gallon of fuel powering from the downtown marina area to the open waters of the gulf That includes returning. The fuel sales number of $83,000 annual income is unverifiable fluff TRANSIENTS APLENTY: Fully 350/0 of slip rental, over $500,000 annually, is attributed to stops by transient boaters, at a base price of$2 per foot per day. It is difficult to evaluate the accuracy of this forecast but it seems optimistic. ~ WHO ARE THESE BOAT OWNERS? OfPinelIas County residents, 99.2% do not . own a boat. Further, in 2005,86% of registered boats are under forty feet. Yet only 13 of the 129 slips are for boats under forty feet. Using Clearwater pop.ulation . / figures ~6'7""- ~-J1 ~ 1~*~Mf5cvd1/U'Io ~ lit ~~f{o(" It Of 110,000, that means only 880 Pinellas County residents own registered boats; and only 14% of these 880 registered boaters own a boat 40 feet and over--a total of 123 boats owners. Boats of this size are already moored somewhere. For this project to achieve its financial and social objectives would have to switch to the new marina and promptly. Will they? Aren't many of them constrained by annual leases? This project will principally benefit just over 100 wealthy individuals who can afford slip rents in excess of $600 monthly and who can afford boats forty feet and larger. Why a taxpayer subsidy? ABOUT SAFETY IN HURRICANES: The proposed marina is being designed to withstand a wind speed of 92 miles per hour--with a special vulnerability facing southwest. This is why, in the Wade-Trim report, the consultants recommend a "spur" be attached to the existing seawall at Pierce 100. An aerial photo oftms location indicates why: at just the right angle, the proposed marina would be exposed . .-; ,., . to more than a mile of open water, which could be very destructive. This issue is not being addressed and has not been budgeted. . . Acknowledging a significant risk, one expert suggested that a solution for boaters in storm conditions is to remove their boats from the water. The nearest boat lift is in Tarpon Springs, 20 miles north. DELAYS IN PERMITS?: The consultants note that the marina location is uncomfortably close to the path of the Intercoastal WateIWay. Their solution is to relocate the waterway slightly to the we~t. This relocation involves changing legal nautical maps, with the involvement and approval of the Army Corps of Engineers. This process proceeds deliberately, could cause extensive delays, with uncertain results. Using the Wade-Trim forecast of construction cost increases at 7% annually, a one-year delay would increase construction costs by $770,000. rJ / COST PROJECTIONS: The city projects personnel costs to increase at an annual rate of 4.2%, and all other costs at 3.0%, or a combined annual cost increase of about 3.5%. We are to believe that a city that has increased its overall costs more than 10% annually for the last five years will successfully control marina costs at 3.5%. Projecting costs using actual historical averages in city budget increases utterly destroys this project financially. ROCK ABUTMENTS: The consultants recommend that rip-rap, defined as "a foundation or sustaining wall of stones or chunks of concrete thrown together without order" and "to prevent erosion", be installed against the existing seawall to prevent waves from reflecting back into the marina basin. This rip-rap is to be installed from Drew Street to Pierce 1 00 Condominium, and against their seawall. Itl/ i/ ~ there are any future pr~blems with this ~~~te ~eawall against which the city ha~~.~ r leaned many tons of CIty rocks, respoDSlbtlity IS blurred. . f~- CONCLUSIONS: The revenue projections based on 100% slip cap~acity at the $15.50 rate; the optimistic projections concerning the volume of transient boaters; the unrealistically low projection of future marina costs; the artificiality of transferring funds from CRA and DDB taxpayer funds of $1,000,000; the laughably inflated fuel sales; the ignored need for a spur from the Pierce 100 seawall--this is a city administration straining to make the numbers work. Ifbuilt on time and within budget, each slip would cost about $85,000. Conventional Florida slips not requiring wave attenuators and f}oa!i~~ docks cost less than $20,000.1k~r Because of the vulnerability of the location, the consultants recommended wave attenuators; the open water is dangerous in a storm, and the sea walls form a potentially destructive basin. So now we have wave attenuators, floating docks, and ~_;? rip-rap against seawalls, and it is still engineered only to 92l\1PR. r~~-.:~l-1- ;z:b.-/,V'.'p-r ( . Utilizing a disadvantaged location and engineering to a minimal wind requirement of 92mph would result in dangerous, expensive slips. The suggestion that boaters should remove their boats to land in storm conditions is ill-informed. Why build a vulnerable structure in a vulnerable location? Why should any new structure built by the City of Clearwater be built to such a weak standard, particularly near the water? To build a marina in that location to withstand 120-130mph winds would probably double the cost. Marina slip rates would be heavily subsidized; and the slip. rates would be very high. It would lose money forever and be very pretty. The City Council and particularly our Mayor are to be commended for bringing this important matter to the public forefront. The city has demonstrated unity of purpose . and a commendable sense of openness, and I admire their efforts. Somewhere in the process, however, the city has lost its objectivity and has slipped into an advocacy role. They want this project approved, and are willing to bend the numbers to imply no taxpayer subsidy will be required. Technical problems and construction delays, which are inevitable in a project of this magnitude, haven't even been considered in this analysis. Looking beyond the creative accounting provided by the city, I believe it is realistic to presume the marina will operate at a taxpayer-funded loss of at least $250,000 and it could be much worse. For 40 years. In a time when government spending on feel-good projects is under close scrutiny, when taxpayers are demanding less government spending and more accountability, this project is reckless. 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I '.." . ,L6 ;;c,':' .... ,- .... ."C ~" .?-..~r '., . ..........J; :'. Gi-'..'''''Z. ~;:....'. .....i.......... IT.'; ..................'. .,"C '.' ~ l,' '" ... ..'., "l'" -.; ",' · ..n. ..'.'. ;t;; iF. ...,..;,,"'4: . ..... .....' .,,', .: ;'. .." ! j'" . .....~,~: ... '.' ...... 'l..,,1 '. ................ . '? i~~"J" '''. '" > .., " ..3:'9:;,; 3,;";> <~.;.;H. i....',. ......... ...r iF;;'i' J.. ........ J:..........' ......... .............,'",:;' .Ie "."> ". . .' . ',,-. . "'i'" " " _,' C.' ..in '. .,. .' ...., ':'" ,...., ......'..... ..>: ...r..>i>......./;' ....... ,,jC ........... ........../> . .... .' > ,~..l'l1".i'E!. ~Oi" '. ~,;.f:;..!>..,.Lj. ........... _~ ' ...... ..... .... .... '.....;..............Li!;j.............. . <,,!;.!(.E'..;>../. .' . ............... _...,;;..............At,.k':..J::../.,Z)';... . >---.,-_'J' ~~ .0 ,,~... INSTRUMENT #114395 WARRANTY DEED. DATED Feb. 10. 1925. ACIN. Feb. 1~. 1925. FILED Feb. 26, 1925. ~'"a.rJratel' Isla.nd Bridge 'c:pany j a corporation organiz- , under the laws of the state Florida. Consideration: $10..00 ete" ~~TO~c= ,I. Lloyd, Trustee I of Hl11s- ':rough County, Florida. J;rst party has granted, barga.ined and sold to the said party ,{>the second part, his heirs a.nd assigns forever, the follow- ~_ described land 8i tu.ate, lying and baing in Pinellas Coun- t Florida, to-wit: 'Xj " Government Lot Four (4) of Section Eight (g) Township Twenty-nine (29) south Range Fifteen (15) East j ~itt,:,."'"'..""",..,'"'..O,,,','.,'.',,,..,,,',g',ether 1f i th all riparian rights and water, pI'i Vil, ages $hereunto belonging or 1n anywise appertaining. .J'af.nd the said party of the first part does hereby fully ~T the title to said land and w1l1 DEFEND the same f~alnBt the lawful claims of all persons' whomsoever, 1nclud~ ~~ng taxes f or the year 1924. b". f;'-". !'~gned, sealed and de11v- r:f:ed in the pre sence of: ~I~ I. McKay :l:ance s M ,.Freeman,. signed: CLEARWATER ISL.ID BRIDGE COMP ANY ' . By L. B. Skinner, President. Attest: R.E. SkinneTt secretary. (CORPORATE SEAL) ~hows acknowledged in Hillsborough County, Florida, on Feb. l!th, 1925 by L.B. Skinner and R.E. Skinner, respeotively the ~resident and Secretary of Clearwater Island Bridge Company (w1 th the recital: liand the said R. E. Skinner, Secretary of ~ald corporation further acknowledged that the seal affixed ,t"o said instrument 19 the genuine seal of said corporation, and was thereunto affixed by him by due authority.) with their personal appearance before and identification by the acknowledging officer, K.I. McKay, Notary public, State of florida at Large. Commission expires Feby 17, 1926e (Notarial seal) . "rI"I' t f~ (~()!v\FJ!.\l'~~~( t"~ ~,~ f: ':~.. _._.._-,..,~~~,:::;&;'"-,,,:;';' ;-:;>r ~ LJ,~ j ~ '.. ::. <' .> -::l ,j": -~, J ....,;' ./ ~ ') .J ., ", ...;. :;>/ ;?;'! ," , ;~ 'r- > ./~? \) I ....... .-./ (''t, ., c r . J : :--: ~-'- "" ., ~'i( "I" ".-~'~ -'-~ ~l .',' ',>/ "'."". '''' t;?'. 4' 'S'IiF' ,L'T' ,1>", '''''~ ',',',,' ,t;,. "'l(~~ Y~"'\" ,L "",'.',.'.' '" ::' ',', ' ; , ~{I,;\_:;'1",_C '.~ _ '_,~-__."""- _ __-2-~-" ,,',". ...'.."'..'.....'ii'. ..~:~~:i~~~~~~~~--~~j~~:z-;~~~,~~~i~~~{t\~~0t~~.t~Z~~1~~~:~:ji'~~{. ~-\ ." , ~~ - ~ZZ:J~:;;~~~:~~.~.-:i.ty:~.~~~t,~~;1t~~~i~ ~ '," :,~:,:,-, :.;V:;;;:~-l " . .,.- ,'., ,.__d."_' "--C.---._.--'..; . ,.,,'.'.,....,"', - \';,~~~""ii . ""'," ,'.',....'.. ,",',.'~ m'i> 'ii ,.".......,"..'.;>: !' ' ,".." TNR'T'RTT;'[;~'Jrr WAR'R tHJTV n~w.n"/, 'Ef,t:~ ,'..""" :;;;114395 ",. ", ',""" , ",'...'..<:' ',,' ,.,.,,'... /i! :, ,",,',"", ",.,"", ,," d,'> , ,,'" ,'" ," """ '" ,1 1,'. ""';:.>, . ,,',',' """">"';ji ',EI,' ."'."'..".".'.".."."." ...' ';f" '",' ,1!!! ' ,'.,",".. ""'.'.'.,jl.';~~.; ". ;t~.: ',','" ','," .'.,"'". -' !E~j. ,',',"".' .'.'.....'.','." '"...."'."',~1 ",'"",, First partYh, as grant ed,b,argained and ,,8, old ~o, thfe ,~,:,i~de','r ,.'.,',,'..'.. ,',."',",'/,>,",.' "':I."','~,.".,l,,.;~..,".,,".",".."'..'..,'...",i party of the second part, his 1~eir8 and, asslgns,' <;>'" VY. ,iii ,.."... ,'".-' ir ,,:the following deec-ril;>ed land. ~n:uateJlYlng and oeJ.;ng :Ln ..........ii..i>\I;). Pinellas .Oounty,FlorJ.;ca, to-vnt.i ........... Goyernment Lot. Four (4-) of Section Eigh~( 5) .' ........iii f i '.>i.. Tovmship Twa.'1ty-nine (29) South Range Flfteenii> .~ (~) ~~ .~ ;;~~~~~, ~~,1z ')j!;1>! .' _.,.~.;,;".,.,.~.'.,.~f, ji,.. l't~f>r .priVi~~ es ...;.........../.i," i..\{'f~er-~.pn'l:;O")qa- .... ng:. u ;;;u.-,.se a t ain lII-€; .ii i...........,.. ...i>.... >,And tnesaJ. party of. the first part does herebY.....i'.; ;~ullyWARB..ANT the title to said lanitl. and will DEFEND the>i i . same against tholamu.l c.lail1ls of all persons whomsoever, .... . .,~~c:luding tax~s. for the year 1924 ....iri .i, ~:. ...........,. ......>.. ...........1 :; ;,Sligned, sealed and del i v- Signed:i/ii;..t .... '.fired in the presence of: CLEARWATER ISLAND BRIDGE/{;i> :K.I.McKa,y OOMPANY . ............................ ........ ........ ..... Franc If F-.... . ':::l L"!:l Sk -,. p' .'. ........i.....'; .,'., jeSt,l. ...eeman. oY'..::;. J;nner, .resldent.>, ....... . Attest: R. E. Skinner ,Seqfytaryi>i..... .i; ......; ( CQRPORATESE,AJ..i) ....................'.......... ,..........., .........; ............ . .' ...... ...............i..... ........... ... Shows acknowledged ln Hillsborough County, Florida,onFeb. ..................... ..i....... ......... .....,. leith, 1925 by L.B.Skinner, and R.E.Skinner, respectively,;> ;~he P1'esicent and Secretary of Olearwater Island Briflge >>i ..... Company (with the recital: "and the saidR.E.Skinner,Secr~i ........ .-.<tcttyof said corporation further acknowledged that thesea.l. c!l.ff ixed to said instrument is the genuine seal of said corp.;;.i,>i Q1-iat ion, and was thel'eunto affixed by him by due authority"'.... <.withtheir personal appearanc e befor e and identificat ion l:>yiii." "ithe acknowledging off ic e1', K.::: .McKay, Notary Pub 1ic, Stat e.......'> >gf Florida at Large. Commission expires Feby 17, 1926....( (Not aJ.'1 al sea~).. ..../.r-- (.. ./i ....i....... i "'i ..... .............. .......... ................. ........... \<ii .............. ..... . ...........ii.. , .......\>. ..........,....... .... ........._:uu. ............. .......... .... '. ........ii...i. , ' .. . .... . ,..u .m. _ _______m_ ___ '" ,. '. - ;. ......i.................... ........... ..i.i....i.......<.>.;PINf~--,-:Li;:.t~6~J~:iy.l'I;~~~.'C()MHI\NY ...... ii ....X....... .......... . ....'. ................... '. ......./i ................ . - .........i ..,.._.,i.., . ....... ............. '...... ........ .....' '.. ...................... . ..... ./............................... \.~: '{' c"..,. _DJ!:'E.D _ :amORT') 261+ pt:~ge 2$6 Dat ed Feb 10,1925 Ackn Feb 18,1925 Filed Feb 26,1925 Oonsideration: $10.00 eta., 'fT' ...-- ......... - - - - F '. .i i , .- " " . , '.'-"."" ,_-"'~"".~.' .,.....~. .-.~'_~~;.c,.... ..,-.-0. ..~~;..i .,f.\ SArk.TYlj. :~,.~~~(~." .~~"'';;'" ,..... - ..;"':'-'. ....."'..i.-::~ ';';:::;'-_' .u...-;-:: DEED RECORD 1035 page 307 INSTRUMENT No.. 7396~5 FEE SIMPLE DEED Manette Loomis and Alfred Loomis, her husband, Dated Oct. 23, 1945 Ack. Oct. 23, 1945 Filed Nov.. 8, 1945 Consideration: $1.00 TO Garret A. Hobart Ill, --of' Tuxedo Park, of the County of Orange, State of New York First parties do grant, bargain, all the following piece, parcel, lying and being in the County of described as follows, to-wit: sell, convey and confirm, etc., lot or tract of land, situate, Pinellas, State of Florida and ::t73 '.'1 i.1 ! : Iii i' ! All of Bayside Subdivision, according to the map or plat I., thereof' as recorded in Plat Book 23, pages 18 and 19 of the il~:Ji Public Records of Pinella.s County, Florida, with all riParian.. ill I or littoral rights and easements thereunto appertaining and :,".',1,' all of the streets, alleys, parkways and all of the land sub- mre:rgeui'd' or botdJ:e:w~se shown upon and embraced within the plat ",!i,..::,....,.,,:i o '. sa su . J.V1.S1.on. ' (The said Manette Loomis was formerly Manette Hobart, wife of Garret A. Hobart 111) (Note: 101 State documentary stamp attached and cancelled.) TO HAVE AND TO HOLD the same .............forever. Signed, sealed and delivered in the presence of: Grace E. Ford F. W. Howell Signed: Manette Loomis (Seal) Alfred L. Loomi$ (Seal) Shows acknowledged in New York County, New York on October 23, 1945, by Alfred Loomis and Manette Loomis, his wife, including statutory separate examination for releasing of dower by the said Manette Loomis wife of the said Alfred Loomis, with their personal appearance before and identification by the acknowledging officer _George A. Roche, Notary PubliCI Bronx County No. 55, Cert. filed in N.Y. Co. No. 538, Reg. No. J05-R-6, Commission expires March 30, 1946. (Notarial Seal) ~__.. .+~._,. ~ .;;~. . .. -~ .... ". :~::. ...:...~......,:_.-_..., ~.~~:'.n... { '~:::._.." ~:':~:'..~_~~~ ".___._ ~. _.' : ____:. __.,,_~. ','__ ;.1 -i '_/ ,.1 1'1 , I I! . j .... ...........::,.. "-- I Certificate of Magistracy attached showing qualifications of the above acknowledging officer. PrNELLAS COUNTY TrTLE COMPANY ~I !{! "'1 ! i i ~. i i "j i- i i: I :';11 1..1 : c! !: I :'1 II::! i ~ll i~~ i~#11 Ii 11"-! l~i f ~! I ~! i.1 II j..j , I i ,1 1'1 ,I i-I' i. I- f'l I..;! I' I ..I :~:i j :~ j i : i '~i i ;.1 , "I I " I - 1111 i ...1 i I I ~I "i~~~~ ,'~\ S"CA''(;:T'tf.~ ./(1,1\\ rtft;t. f ~'>'!"~, "'''''~''''-'V''"'''~'''"'"'''''''0''''_~~~~~!~':;~",,,,"_''''''~'''ii''''':&""';" .-';'":X'. 9'; ..'1' '~::.~<;\ .,...... PLAT RECORD 23 page 17. IN STRUMENT #571233 PLAT. BAYSIDE SUBDIVISION, CLEARWAT ER BEACH ISLAND C L:3:ARWAT ER, PIN ELLAS OOUNTY, FLORIDA. FILED.Sept 23,1938. DESORIPTION: Beginning at the int ersection of the High Water Mark of the Gulf of Mexico and the 'East and West center line of Section 8 TO"1ivnShip 29 South,Range 15 East and being also described as lying 84 ft. West of the center line of Gulf Vi ew Boulevard as shovVl1 and recorded in a plat of Lloyd- White-Skinner Subdivision, Plat book 13 page 12, public re- cords of Pinellas County, Florida, run thence East along sai d cent er line of Sect ion 3, 661.699 ft. to po int of b e- ginning. Thence East 1022.301 ft. to a point 350 ft.West of the Northeast corner of Gov'tLot 4, Sec. 8 Twp.29 S.R. 15 E., thence South 560 East 1734.651 ft. along the second call of a description in Deed Record 414 page 412, thence .st 863.316 ft~ thence North ,84027'30" West 1740_348 ft. ence along a curve to the left bearing North 6000'16" East 127.84 ft. whose cord is 127.839 ft. and radius 6507.52 ft. Thence Uorth 5032'30" East 410.39 ft.thence al- ong a curve to the left bearing North 39027'30" West 109.956 ft. whose cord is 9S-994 ft. and radius 70 ft ,th- ence North 84027'36" West 40 ft. thence North 5032'30"East 60 ft., thence South 84027'30" :3:ast IH~ ft. ,thence North 5032'3011 East 87..592 ft. thence along a curve to the right bearing North 50032'30" 1I;ast 23.562 ft .whose cord is 21.213 ft. and radius 15 ft., thence South 84027'3011 East 27 ft., thenc e North 5032130 11 ~ast 39.85 ft. to POB. DEDICATION. KNOW ALL MEN BY TH:3:SE PRESENTS: That the undersigned, Garret A.Hobart 3rd and Manette Hobart his Wife, also Kath- arine H.Hand and David E.Hand her husband, also Elizabeth H. Kingsbury and Henry A. Kingsbury, her husband, hereby c ert i- fy that they are the O'\,'VTlers in fee simple of the tract of land described hereon, said tract having been subdivided and platt ed as BAYSIDE SUBDIVISION and by th ese present s they do hereby dedicate to the perpetual use of the public in general all streets and avenues, shovm hereon this plat. Sign ed: Mary A.Sheehan, Garret A.Hobart 3rd (No Seal) John J. Whit e, .nesses. .n J.White, Wi tn esS John J.White, Wi tn ess_ Mary A. Sheehan, MaIlett e Hobart (No Seal) his wif e . Katharine H.Hand (No Seal) Mary A. 8h eehan, (OONTINUED ON FOLLOWING PAGE) ~~",~-\...o~'~~g~?:'9:-:<II\l.".".....~,,~,~...,.~~.:i;>\~,;.~.u~;:~h"...;.:;'~'~:~;"~';;:;;~~~;...;,w;.:;.;...,;.;.;;~......., j':'i If i'l Ii !: ! I' i :/ I' I ' , .1 /.! r I ~",: ~~! ,~. i . -....": ) .,1 r"6. _l._~J~~ ~-i i _,1 !..-\ ;1 , 'Ii i~~il; i \! hi :,ili :-'-':1 : i 8i i ~ I j." ,": I ' 1,,1 i :1 iJ i:i IJ[ r ;q ill I ki i~: I ['::i I: I l,~! :'Ii i:i ,=1 1:1 ! , Ii i ~ i i ~ j i:i ]..':) Iii ii! i:i lei i "I I : I ' I~'I :' I [, ! il !:i i.1 I" [I ] ,~, i i.! 1:1 , , --- \;.\.\~'\<~'..i"# ~~~~;:- "".,,~~,i ,f1'~\SAF.f(~TV I~. i. ?UI, ,_'" r ~,., :.,..~~~:~..;.~. ".:_:;.;. .....,::.;{:. ,'_;-:"'.':~. .. ~ . f ..;:~,c . _':;{:~~'" 0 . ..... . .:;{:;;.-. ,;;:;;:~;~ < . . .. . '.{:;~:~:~ ;;,,::::'~' ~. H~' ,;;;:;~;~ '-"":'~''''''''.:::;...::: ,::~'."'}..... ..<dX:':" "">,'""... "r..;;. IN STRtlMENT #571266 (CONTINUED FROM PRECEDING PAGE) RESTRICTIONS. acknowledged in Passaic CountYl New Jersey on Sept 14,1938 by Elizabeth H.Kihgsbury the wife of Henry A.Kings- bury; including statutory separate examination for thepur- Pose of releasing dower 1 etc.., by Elizabeth H .I{ingsbury the wife of Henry A.Kingsbury; with her personal appearance before and identification by the acknowledging officer Mary A.Sheeh~ Notary Public (Notarial seal) Commission expires June 16,1942.. Shows acknowledged in Passaic COuntYI New Jersey on Sept 14,1938 by Garret A~Hobart III and his wife, Manette Hobart; inCluding statutory separate examination for the purpose of releasing dower ~ ete., by Manette Hobart the wife of Garret A.Hobart III; with their personal appear- ance before and identification by the acknowledging offi- cer Mary A.Sheehan, Ifotary Public of N.J.. (Notarial seal) Commission expires June 16, 1942. Shows acknowledged in Passaic County, New Jersey on Sept 14,1938 by David E.Hand, and his 'wif e, Kath~rine H .Hand; including statutory separate examination for the purpose of releasing dower, etc.., by Kathjirine H.Hand the wif eof DavidE.Hand; with their personal appearance before and i4entification by the acknowledging officer, Mary A. Sheehan, Notary Public of N.J. (Notarial seal) Commiss- ion expires June 1611942. C ert if icat e of Magistracy attached showing qualif icat ion of above acknowledging offic er. '::?-:.:H ..oj. ___....__ _"U' ____, _._ "':"::"_~_ ~.~.' __ <:":.. ,. ":::..--i:' . ~ _~!"./..::. ,_ . ~:-.:.:).:::~~;~... 'f"~:~~' ':"'., 'U. ,.y '.~.. --~ . -. , .. ,..::.- ";'_::::::~~.'" .,.~._.:-..., . "_:'-~:::'.I PINE LLAS COUNT)" TITLE COMPANY -<iil''''' 4'. i'l " --ii._ _ FORMBB MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICER~ NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE A SJ a THE BOARD, COUNCil, COMMISSION, AU HORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: B'6TY 0 COUNTY NAME OF POLITICAL SUBDIVISION: o OTHER lOCAL AGENCY MY POSITION IS: o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, counci commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a votin conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly dependin! on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form befOrE completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which ures to his or her special private. gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (inclUding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ,; ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you M..S st disclose the nature of the contlict before making any attempt to influence the decision, whether orally or in writing and whether made .,ou or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency; . The form must be read publicly at. the next meeting after the form is filed. . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your contlict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 5. bA V I 't) HE (Yl t R- I C K , hereby disclose that on ;:-- i=- ~. J Y ,20~: (~lA 'E!a~ure:amE! o~~come bef~re my ag:ncy WhiCh~(:~eck one) ~ . L inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of , by ,which is the parent organization or subsidiary of a principal which has retained me. . (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~~~.~~~~.~~~ .~ .. ~ ~~ _.........~_._nO~ ~.~.~ _q~ .Q ~ -r--~C- _~ _ '1T~""- __~.:....~ ~~ ~ ~~~~~~-:~--~~ ~~ >~. ~ _.__..........~ ~~ B."':t.~~ . ~ ~~~~-~ ~~A- ~. - ~-v~~~. ~~~~~~ "'-~'A~ ~~~, .' .._n("~_.~_~_._~..~.~ y_~.,--~~v~ ~~--\ ~_.. . "\...."'---._ ~ .o~.... ~'lb"\~ ~ ~ ~ IA- ~ ~~<;. ~ V~ ~ u--.r- 0" ~ ~_., ~ It-. ~....:......-.. ~ fi....&- ~ ~ ~ ~ ...~~vo~t~<... ~ fA.... ~ ~~~~ v~~~~~-".b~~ v.:-.:~..._. .Q ~ ~ ~~ ~ ~~~l~ . I ~~. ~~ ( .- ~ ":::::> ~ '\\ Date Filed' 3 , 'i Dr; Signature ~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSU. CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHME REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2