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HomeMy Public PortalAbout06262023 City Council Regular Meeting Agenda Packet CITY COUNCIL REGULAR MEETING AGENDA JUNE 26, 2023 6:00 P.M. CITY COUNCIL CHAMBERS The Public is invited to view our meetings on the City of Crestview Live stream at https://www.cityofcrestview.org or the City of Crestview Facebook Page. You may submit questions on any agenda item in advance (by 3:00 p.m. the day of the meeting) to cityclerk@cityofcrestview.org. 1. Call to Order 2. Invocation, Pledge of Allegiance 2.1. Pastor Drew Brassfield of Destiny Worship Center 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Presentations and Reports 6. Consent Agenda 6.1. Approval of June 12, 2023 minutes 6.2. Memorandum of Understanding- The Waters at Crestview 6.3. Memorandum of Understanding- Retreat at Redstone 7. Public Hearings / Ordinances on Second Reading 7.1. Ord. 1932 - Third Avenue Annexation 7.2. Ord. 1933 - Third Avenue Comprehensive Plan Amendment 7.3. Ord. 1934 - Third Avenue Rezoning 7.4. Ord. 1935 - Brookmeade Drive Annexation 7.5. Ord. 1936 - Brookmeade Drive Comprehensive Plan Amendment 7.6. Ord. 1937 - Brookmeade Drive Rezoning 8. Ordinances on First Reading 9. Resolutions 10. Action Items 10.1. PSAP Interlocal Agreement Page 1 of 235 10.2. Employee Assistance Program Contract 10.3. Twin Hills Gymnasium Roof Restoration and Renovations 10.4. Interlocal Cooperative Agreement- Aquatic Facility 11. City Clerk Report 11.1. Monthly Update 12. City Manager Report 12.1. Financial Update - Finance Director 12.2. Monthly Report - Public Services Update 12.3. PFAS Water Contamination Litigation 13. Comments from the Mayor and Council 14. Comments from the Audience 15. Adjournment All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. Florida Statute 286.0105. Notices of meetings and hearings must advise that a record is required to appeal. Each board, commission, or agency of this state or of any political subdivision thereof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The requirements of this section do not apply to the notice provided in s. 200.065(3). In accordance with Section 286.26, F.S., persons with disabilities needing special accommodations, please contact Maryanne Schrader, City Clerk at cityclerk@cityofcrestview.org or 850-628-1560 option 2 within 48 hours of the scheduled meeting. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Council or the city staff, and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening invocation if a person does not wish to participate in or witness the opening invocation. Page 2 of 235 CITY OF CRESTVIEW Item # 2.1. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Jerry Whitten, Mayor DATE: 4/27/2023 SUBJECT: Pastor Drew Brassfield of Destiny Worship Center BACKGROUND: Area clergy volunteer to provide the Invocation. DISCUSSION: The invocation is provided as a service to the community. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT RECOMMENDED ACTION No action required. Page 3 of 235 Attachments None Page 4 of 235 CITY OF CRESTVIEW Item # 6.1. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 6/14/2023 SUBJECT: Approval of June 12, 2023 minutes BACKGROUND: Draft minutes were distributed prior to the meeting. DISCUSSION: The item is a routine approval of past minutes. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION Staff respectfully requests a motion to approve the minutes of June 12, 2023. Page 5 of 235 Attachments 1. 06122023 City Council Regular Meeting Minutes Draft Page 6 of 235 City Council Minutes DRAFT June 12, 2023 6:00 p.m. Council Chambers 1. Call to Order The Regular Meeting of the Crestview City Council was called to order at 6:00 p.m. by Mayor JB Whitten. Board members present: Mayor Pro-Tem Andrew Rencich, Council members: Doug Capps, Joe Blocker, and Ryan Bullard. Also present: City Manager Tim Bolduc, City Clerk Maryanne Schrader, City Attorney Jonathan Holloway, and various staff members. Councilmember Cynthia Brown was excused. 2. Invocation, Pledge of Allegiance 2.1. Pastor Ronnie Bearden of First Methodist Church of Crestview The Invocation and Pledge of Allegiance was led by Pastor Ronnie Bearden of First Methodist Church of Crestview. 3. Open Policy Making and Legislative Session Mayor JB Whitten went over the procedures and stated there was a quorum. 4. Approve Agenda Mayor JB Whitten called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Doug Capps to approve the agenda, as presented. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. 5. Presentations and Reports 5.1. Kiwanis Club Presentation CRA Director Elizabeth Roy and Yvonne Shanklin representing the Kiwanis Club recognized the following departments for their assistance on Memorial Day: Parks and Recreation/Facility Services (Cody Suggs), Public Information Office (Melissa Carter), and the Fire and Police Combined Honor Guard. 6. Consent Agenda Mayor JB Whitten called for action. Motion by Councilmember Ryan Bullard and seconded by Councilmember Joe Blocker to approve the Consent Agenda, as presented. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. 6.1. Approval of Minutes of May 22, 2023 6.2. Cartegraph CMMS Software Contract 6.3. AXON Taser/Cameras Contract Page 7 of 235 2 | Page 7. Public Hearings / Ordinances on Second Reading No ordinances were brought forward for Second Reading. 8. Ordinances on First Reading 8.1. Ord. 1932 - Third Avenue Annexation Senior Planner Nicholas Schwendt presented Ordinance 1932 - Third Avenue annexation to the City Council. He mentioned the next three ordinances are related to the property located at 2203 Third Avenue. He went over the current uses and stated a development order has not been received. He went over the mailings and postings that are required. Senior Planner Nicholas Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Annexing to the City of Crestview, Florida, ± 12.02 Acres of Contiguous Lands Located In Section 4, Township 3 North, Range 23 West, and Being Described As Set Forth Herein; Providing For Authority; Providing For Land Description; Providing For Boundary; Providing For Land Use and Zoning Designation; Providing For Amendment to the Base, Land Use and Zoning Maps; Providing For A Comprehensive Plan Amendment; Providing For Filing With the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing for an Effective Date. Mayor JB Whitten called for comment from the Council. In hearing none, he called for action. Motion was made by Councilmember Doug Capps and seconded by Councilmember Joe Blocker to approve Ordinance 1932 on First Reading and move to Second Reading for final adoption. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes; 4; Nays: 0. All ayes. Motion carried. 8.2. Ord. 1933 - Third Avenue Comprehensive Plan Amendment Senior Planner N. Schwendt presented Ordinance 1933 to the City Council for a future land use change regarding the Third Avenue Comprehensive Plan Amendment. He mentioned the fees were waived per the moratorium. Senior Planner N. Schwendt asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Amending Its Adopted Comprehensive Plan; Providing For Authority; Providing For Findings of Fact; Providing For Purpose; Providing For Page 8 of 235 3 | Page Changing the Future Land Use Designation From Okaloosa County Mixed Use to Mixed Use (MU) on Approximately 12.02 Acres, More or Less, In Section 4, Township 3 North, Range 23 West; Providing For Future Land Use Map Amendment; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. In hearing none, he called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Joe Blocker to approve Ordinance 1933 on First Reading and move to Second Reading for final adoption. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. 8.3. Ord. 1934 - Third Avenue Rezoning Senior Planner N. Schwendt presented to the City Council Ordinance 1934 regarding the Third Avenue Rezoning and asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning of 12.02 Acres, More or Less, of Real Property, Located In Section 4, Township 3 North, Range 23 West, From the Okaloosa County Mixed Use Zoning District to the Mixed Use (Mu) Zoning District; Providing For Authority; Providing For The Updating of the Crestview Zoning Map; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. In hearing none, he called for action. Motion by Councilmember Doug Capps and seconded by Councilmember Joe Blocker to approve Ordinance 1934 on First Reading and move to Second Reading for final adoption. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. 8.4. Ord. 1935 - Brookmeade Avenue Annexation Senior Planner N. Schwendt presented Ordinance 1935 to the City Council stating the next three ordinances are regarding Brookmeade Drive. He went over the current uses stating the property is currently vacant and can be developed for commercial use. He stated the courtesy notices and postings have been made. He added the fees were waived per the moratorium. He then asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance Annexing to the City of Crestview, Florida, ± 2.36 Acres of Contiguous Lands Located In Page 9 of 235 4 | Page Section 28, Township 3 North, Range 23 West, and Being Described as Set Forth Herein; Providing For Authority; Providing for Land Description; Providing For Boundary; Providing For Land Use and Zoning Designation; Providing For Amendment to the Base, Land Use and Zoning Maps; Providing for A Comprehensive Plan Amendment; Providing For Filing With the Clerk of Circuit Court of Okaloosa County, the Chief Administrative Officer of Okaloosa County and the Florida Department of State; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. In hearing none, he called for action. Motion by Andrew Rencich and seconded by Councilmember Joe Blocker to approve Ordinance 1935 on First reading and move to Second Reading for final adoption. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. 8.5. Ord. 1936 - Brookmeade Avenue Comprehensive Plan Amendment Senior Planner N. Schwendt presented Ordinance 1936 to the City Council stating the information was same as the annexation. He asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Amending Its Adopted Comprehensive Plan; Providing For Authority; Providing For Findings of Fact; Providing For Purpose; Providing For Changing the Future Land Use Designation From Okaloosa County Mixed Use to Commercial (C) on Approximately 2.36 Acres, More or Less, In Section 28, Township 3 North, Range 23 West; Providing For Future Land Use Map Amendment; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. In hearing none, he called for action. In reply to Councilmember D. Capps regarding the type of development that may be coming with the church and residential in the area, Senior Planner N. Schwendt replied that we do not have a development order yet. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Ryan Bullard to approve Ordinance 1936 on First Reading and move to Second Reading for final adoption. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. Page 10 of 235 5 | Page 8.6. Ord. 1937 - Brookmeade Avenue Rezoning Senior Planner N. Schwendt presented Ordinance 1937 to the City Council Brookmeade Avenue Rezoning and asked the City Clerk to read the ordinance. City Clerk Maryanne Schrader read the Ordinance by Title: An Ordinance of the City of Crestview, Florida, Providing For the Rezoning of 2.36 Acres, More or Less, of Real Property, Located In Section 28, Township 3 North, Range 23 West, From the Okaloosa County Mixed Use Zoning District to the Commercial Low-Intensity District (C-1) Zoning District; Providing For Authority; Providing For the Updating of the Crestview Zoning Map; Providing For Severability; Providing For Scrivener’s Errors; Providing For Liberal Interpretation; Providing For Repeal of Conflicting Codes and Ordinances; and Providing For an Effective Date. Mayor JB Whitten called for comment from the Council. In hearing none, he called for action. Motion by Councilmember Joe Blocker and seconded by Councilmember Ryan Bullard to approve Ordinance 1937 on First Reading and move to Second Reading for final adoption. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. 9. Resolutions 10. Action Items 10.1. Main Street Improvements Constructability Review and CEI Services City Manager Tim Bolduc stated the LEAD students would present the item. Alec Stapp, Public Services; Maddie Tatom, Code Enforcement; and Firefighter Kevin Walters came forward. Alec explained that after three attempts to bid, no bids were received. In an effort to move forward, Alday-Howell was asked to review the RFP. After the design engineer submits comments, FDOT will have to approve the changes, and then the project will go out for bid again. He requested a motion to approve Alday-Howell Engineering Inc to provide Construction and Engineering services for the Crestview Main Street – Roadway Improvement project in the amount of $280,670, upon receiving and selecting a bid. Mayor JB Whitten called for comment from the Council. Councilmember D. Capps asked if the amount is a ballpark figure, and Alec replied it was not adding that Jayce could provide additional information. City Manager T. Bolduc replied that is was a set amount. Also, Mayor Pro-Tem A. Rencich commented that he was concerned about the Page 11 of 235 6 | Page amount and the 365 days start time but understood. City Manager T. Bolduc replied that the 365 days will begin at the time the project is awarded. He explained that when we did not get any bids, we wanted another engineer to look at the RFP and determine why we did not receive any bids. Mayor JB Whitten called for comment from the public. In hearing none, he called for action. Motion by Mayor Pro-Tem Andrew Rencich and seconded by Councilmember Joe Blocker to approve the staff recommendation. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. 10.2. Conceptual Plat - White Wolf Run Senior Planner N. Schwendt explained that the White Wolf Run plat had gone through staff review. He explained that this subdivision is proposed just north and west of Jones Road with a connection. The developer is relocating Jones Road where it used to run, so the traffic will flow more easily. The subdivision has 232 lots which is the allowed density. Mayor JB Whitten called for comment from the Council. In response to Councilmember R. Bullard regarding whether it would impact the current sewer system, Public Services Director M. Criddle responded there is no immediate impact. Mayor JB Whitten called for comment from the public. In hearing none, he called for action. Motion by Councilmember Doug Capps and seconded by Councilmember Joe Blocker to approve the conceptual plat for White Wolf Run. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 4; Nays: 0. All ayes. Motion carried. 10.3. Conceptual Plat - Cherry Brook Subdivision Senior Planner N. Schwendt explained that staff have reviewed the plat. The subdivision is proposed south of Point Center Road, which is south of Antioch Elementary School on Whitehurst Lane. The subdivision will consist of 106 lots, which are within the allowed density and will connect to Garrett Pit Road as a paved road. Mayor JB Whitten called for comment from the Council. Councilmember R. Bullard asked whether the sewer system went out that far. Civil Engineer, Matt Zinke, said the developer will pay for the lift station that needs to be built. Mr. Zinke mentioned the work on the system is dependent on the progress of the roadwork on PJ Adams. Page 12 of 235 7 | Page Mayor JB Whitten called for action. Motion by Councilmember Joe Blocker and seconded by Councilmember Doug Capps to approve the conceptual plat for the Cherry Brook subdivision. Roll Call: Joe Blocker, Andrew Rencich, Doug Capps, Ryan Bullard. Ayes: 0; Nays: 0. All ayes. Motion carried. 11. City Clerk Report City Clerk M. Schrader mentioned she would be attending the Florida Association of City Clerks Summer Conference from Friday, June 16th - Wednesday, June 21st. 12. City Manager Report City Manager T. Bolduc had nothing more to report. 13. Comments from the Mayor and Council Mayor JB Whitten asked for comments from the Council. No further comments. Mayor JB Whitten said he had a good meeting with members of the Italian Air Force recently. He mentioned a Blood Drive for Sickle Cell Anemia on Thursday at the Community Center. He added the Juneteenth celebration is coming up on Monday, the 19th and will begin at 11:00 a.m. at Old Spanish Trail Park. 14. Comments from the Audience Mayor JB Whitten asked for any public comment. Shannon Hayes thanked the Council mentioning the May Day celebration sponsored by the Carver Hill Historical Society went well. 15. Adjournment Mayor JB Whitten adjourned the meeting at 6:40 p.m. Minutes approved this __ day of __, 2023. _____________________________________ JB Whitten Mayor ____________________________________ Maryanne Schrader City Clerk Proper Notice having been duly given Page 13 of 235 CITY OF CRESTVIEW Item # 6.2. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Nicholas Schwendt, Senior Planner DATE: 6/22/2023 SUBJECT: Memorandum of Understanding- The Waters at Crestview BACKGROUND: Staff received the initial application submittal for the Waters at Crestview project, a 288-unit apartment complex, at 300 Rasberry Road, on March 20, 2023. For commercial projects, Public Services staff reviews each project's traffic study or report, and any transportation related improvements proposed, to determine what improvements or contributions need to be made by the developer resulting from the impact of their proposed development, via a Memorandum of Understanding (MOU). DISCUSSION: For the Waters at Crestview project, Public Services staff reviewed the traffic study provided, resulting in the attached MOU. In this specific case, the MOU provides for the developer to participate in costs not to exceed the total amount of $69,200.00 to be held in escrow by the City of Crestview for proposed offsite roadway improvements that the City is constructing to mitigate traffic impacts. This cost was determined by an established per-trip cost based on the total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued. This MOU, if approved, also needs to be signed by the Mayor and the City Clerk. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Infrastructure – Satisfy current and future infrastructure needs. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Safety – Ensure the continuous safety of citizens and visitors. Mobility – Provide safe, efficient and accessible means for mobility. Page 14 of 235 FINANCIAL IMPACT This MOU will provide funds to the City to construct improvements that will mitigate the traffic impact resulting from this development. RECOMMENDED ACTION Staff respectfully requests a motion to approve the attached Memorandum of Understanding to be sent to the Mayor and City Clerk for signature. Attachments 1. MOU_TheWatersatCrestview_2023 Page 15 of 235 4604696-1 MEMORANDUM OF UNDERSTANDING Subject: Mirage Avenue Traffic Improvements June 13, 2023 The Waters at Crestview City of Crestview & The Waters at Crestview, LLC Based upon the Waters at Crestview/City of Crestview Public Services comments dated May 15, 2023, this Memorandum of Understanding in reference to the Mirage Avenue Traffic Improvements has been provided with the following acknowledgements: Whereas, the Operational Analysis dated April 10, 2023, indicates that traffic flow improvements and mitigation are not needed to facilitate the additional traffic projected from The Waters at Crestview. According to the traffic analysis performed by Dantin Consulting, LLC dated April 10, 2023, The Waters at Crestview, LLC agrees to provide the City of Crestview with a traffic contribution in the amount of $69,200. Upon receipt of said contribution, the City of Crestview agrees to issue any necessary Certificates of Occupancy. City of Crestview The Waters at Crestview, LLC ______________________________ __________________________________ By: JB Whitten, Mayor By: Prescott Bailey, Director of Development _____________________________ Maryanne Schrader, City Clerk Page 16 of 235 Project Name: Waters at Crestview, Crestview, FL Indep. Units/Daily Peak Hour Daiy EnterDaily Exit Daily Daily Daily Pass-by Variable Size Trip Rate/Equation Split Split Trips Enter Exit Total Enter Exit Total Enter Exit %Total Enter Exit Total Enter Exit Office General Office/710 1000 SF 18,000 Ln(T)=0.87Ln(X)+3.05 50% 50% 262 131 131 27 24 3 235 107 128 235 107 128 Subtotal Office 18,000 262 131 131 27 24 3 235 107 128 0 0 0 235 107 128 Retail / Commercial Subtotal Commercial / Retail 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Restaurant Subtotal Restaurant 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Residential Multi-family Housing /220 (Low-Rise Close to rail-transit, Gen Urban/Sub.)DU 288 T=6.13(X)-550.73 50% 50% 1,215 607 608 27 3 24 1,188 604 584 0% 0 0 0 1,188 604 584 Subtotal Residential 0 1,215 607 608 27 3 24 1,188 604 584 0 0 0 1,188 604 584 Entertainment/Cinema Subtotal Commercial / Retail 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hotel Subtotal Hotel 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL 1,476 738 738 54 27 27 1,423 711 712 0 0 0 1,423 711 712 Overall Int. Capture %:4%Overall Pass-by %:0.0% * Apply PM Peak Hour Internal Capture % and Same Mode Split to Daily Net New Trips (Less Mode Split):1,423 711 712 Total Person Trips @ 1.18 veh. Occupancy (Multi-family only):1636 819 817 4% 66 33 33 2% 32 16 16 Mode Split Trips:98 49 49 Convert to Auto Trips (Reduction): 84 42 42 Use for Traffic Impact Fees:Net Automobile Trips:1,339 669 670 DAILY TRIP GENERATION ANALYSIS 11th Edition Trip Generation Manual, with 3rd Edition ITE Handbook (Gen. Urban/Suburban) Land Use / ITE Code Internal Capture Trips External Trips Pass-by Trips Net New External Trips Page 17 of 235 CITY OF CRESTVIEW Item # 6.3. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Nicholas Schwendt, Senior Planner DATE: 6/22/2023 SUBJECT: Memorandum of Understanding- Retreat at Redstone BACKGROUND: Staff received the initial application submittal for the Retreat at Redstone project, a 158-unit apartment complex, on Redstone Avenue East, on November 2, 2022. For commercial projects, Public Services staff reviews each project's traffic study or report, and any transportation related improvements proposed, to determine what improvements or contributions need to be made by the developer resulting from the impact of their proposed development, via a Memorandum of Understanding (MOU). DISCUSSION: For the Retreat at Redstone project, Public Services staff reviewed the traffic study provided, resulting in the attached MOU. In this specific case, the MOU provides for the developer to participate in costs not to exceed the total amount of $60,000.00 to be held in escrow by the City of Crestview for proposed offsite roadway improvements that the City is constructing to mitigate traffic impacts. This cost was determined by an established per-trip cost based on the total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued. This MOU, if approved, also needs to be signed by the Mayor and the City Clerk. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Infrastructure – Satisfy current and future infrastructure needs. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Safety – Ensure the continuous safety of citizens and visitors. Mobility – Provide safe, efficient and accessible means for mobility. Page 18 of 235 FINANCIAL IMPACT This MOU will provide funds to the City to construct improvements that will mitigate the traffic impact resulting from this development. RECOMMENDED ACTION Staff respectfully requests a motion to approve the attached Memorandum of Understanding to be sent to the Mayor and City Clerk for signature. Attachments 1. Memorandum of Understanding - Retreat at Redstone Page 19 of 235 MEMORANDUM OF UNDERSTANDING May, 10th, 2023 Subject: Retreat at Redstone (the Development) City of Crestview, Florida & TrimCor Construction of FL, LLC(the Developer) Based upon the City of Crestview Engineering Standards Manual Chapter 5.1, this Memorandum of Understanding is in reference to the proposed Retreat at Redstone (the Development) and has been provided with the following acknowledgements: •The Development generates significant traffic capacity impacts to the surrounding roadway network and no offsite roadway improvements are proposed as part of the Development. •The City of Crestview is constructing offsite roadway improvements to mitigate traffic impacts. •The developer shall participate in cost not to exceed the total amount of $60,000.00 to be held in escrow by the City of Crestview for these proposed improvements. This cost was determined by an established per trip cost based on total average trips per day generated by the development. The obligation to deposit the money in escrow and participate shall occur before the Development Order is issued. City of Crestview TrimCor Construction of FL, LLC ___________________________ ___________________________ BY: J.B. Whitten, Mayor BY: Steven W. Corbett, Member _________________________________ Maryanne Schrader, City Clerk Page 20 of 235 CITY OF CRESTVIEW Item # 7.1. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Ordinance TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 6/22/2023 SUBJECT: Ord. 1932 - Third Avenue Annexation BACKGROUND: On May 10, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2203 Third Avenue. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The Planning and Development Board recommended approval of the request on June 5, 2023, and the first reading was approved by the City Council on June 12, 2023. DISCUSSION: The property description is as follows: Property Owner: Smith Family Trust C/O Mary Joseph 124 Miracle Strip Pkwy SW Unit 1500 Ft Walton Beach, FL 32548 Parcel ID: 04-3N-23-1840-0001-0010 Site Size: 12.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Public Lands Public Lands Public School East Commercial & Okaloosa County Mixed Use Commercial Low-Intensity District (C-1), Commercial High-Intensity District (C-2) & Okaloosa County Mixed Use Vacant, Commercial & Residential South Mixed Use Mixed Use Vacant & Residential West Residential Single and Multi-Family Density Dwelling District (R-3) Vacant Page 21 of 235 The subject property is currently vacant, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for residential and/or low-intensity commercial use. Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and finds the following: - The property is contiguous to the city limits; - The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore considered compact; - The annexation of the property would not create an enclave - The subject property is not included in the boundary of another municipality; and, - The subject property meets the definition of urban purposes. Courtesy notices were mailed to property owners within 300 feet of the subject property on May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for annexation have been waived for this application as it was received during the moratorium on annexation fees. The cost of advertising was $544.50. The successful annexation of this property will have positive future impacts, including ad valorem revenue based on future taxable assessed value, development and building permit fees, and utility usage fees. RECOMMENDED ACTION Staff respectfully requests a motion to table this item until the August 14 City Council meeting. Page 22 of 235 Attachments 1. Exhibit Packet Page 23 of 235 ORDINANCE: 1932 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 12.02 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND BEING DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE, LAND USE AND ZONING MAPS; PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes, and Section 2 of the City Charter. SECTION 2 – LAND DESCRIPTION. The following described unincorporated area contiguous to the City of Crestview, Florida, is hereby annexed to the City: PIN # 04-3N-23-1840-0001-0010 (Deed recorded in Book 2631, page 3729, dated June 28, 2005) Lot One (1) to Ten (10) inclusive of Block One (1) Oakdale Miniature Farms Subdivision according to plat on file in the Office of Clerk of Circuit Court, Okaloosa County, Florida, LESS, begin at the Northeast corner of Lot Six (6) of Block One (1) of Oakdale Miniature Farms, Crestview, Florida, thence run in a Westerly direction along the North boundary of said Lot 6, One Hundred Feet; thence parallel with Garden Street run in a Southerly direction One Hundred Feet; thence parallel with the North boundary of said Lot 6 run in an Easterly direction One Hundred feet to Garden Street; thence on the West boundary of Garden Street in a Northerly direction run One Hundred feet to Point of Beginning. Being in said Lot Six (6) as per plat on file with the Clerk of Circuit Court of Okaloosa County, Florida. SECTION 3 – BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these changes pursuant to law. SECTION 4 – LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain in full force and effect until rezoning and land use changes are finalized by the City in compliance with the Comprehensive Plan. SECTION 5 – COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for annexation shall apply through the City for a Comprehensive Plan change which will designate the future land use category for the parcel, with a zoning designation to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities. Page 24 of 235 SECTION 6 – MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest possible date. SECTION 7 – FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 8 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 9 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 10 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 11 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 12 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 25 of 235 Page 26 of 235 N FERDON BLVD OLD BETHEL RD HWY 85 N AIRPORT RD N FERDON BLVD HWY 85 N Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 27 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Chu rchesClubs/Lodges Fin ancialGym/FitnessImproved A Mu nicipalNo AG Acre OfficePrivate Sch oolPublic School Res tau rantService Shop Sin gle FamilyStoresSupermarket Vacan tVacant Commer cial Vacan t/CommercialVehicle SaleWarehouse Page 28 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Pa rcel City Limits City Futur e Land Use Comm ercia l (C)Industrial (IN)Mixed Use (MU)Conserva tion (CON)Public Land s (PL)Residential (R) County Futur e Land Use Mixed Use (MU) Page 29 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low De nsity District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fam ily Dwelling District(R-3)Mixed Use (MU)Comme rcial (C-1)Comme rcial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zonin gMixed Use (MU) Page 30 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Com me rcia lIndustrial Mixed U seConservation Public La nd sResidential County Future Land Mixed U se Page 31 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low De nsity District (R-1) Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3) Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 32 of 235 CITY OF CRESTVIEW Item # 7.2. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 6/22/2023 SUBJECT: Ord. 1933 - Third Avenue Comprehensive Plan Amendment BACKGROUND: On May 10, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2203 Third Avenue. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The application requests the Mixed Use (MU) future land use designation for the property. The Planning and Development Board recommended approval of the request on June 5, 2023, and the first reading was approved by the City Council on June 12, 2023. DISCUSSION: The property description is as follows: Property Owner: Smith Family Trust C/O Mary Joseph 124 Miracle Strip Pkwy SW Unit 1500 Ft Walton Beach, FL 32548 Parcel ID: 04-3N-23-1840-0001-0010 Site Size: 12.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Public Lands Public Lands Public School East Commercial & Okaloosa County Mixed Use Commercial Low-Intensity District (C-1), Commercial High-Intensity District (C-2) & Okaloosa County Mixed Use Vacant, Commercial & Residential South Mixed Use Mixed Use Vacant & Residential Page 33 of 235 West Residential Single and Multi-Family Density Dwelling District (R-3) Vacant The subject property is currently vacant, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for residential and/or low-intensity commercial use. Staff reviewed the request for a comprehensive plan amendment and finds the following: - The proposed future land use map designation is compatible with the surrounding area. - The proposed future land use map designation is consistent with the city’s comprehensive plan and land development code. - The process for adoption of the future land use map amendment follows all requirements of Florida statute sections 163.3184 (3) and (5). - The proposed amendment does not involve a text change to goals, policies, and objectives of the comprehensive plan. It only proposes a land use change to the future land use map for a site- specific small-scale development. - The subject property is not located within an area of critical state concern. Courtesy notices were mailed to property owners within 300 feet of the subject property on May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the comprehensive plan amendment have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the comprehensive plan amendment request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests a motion to table this item until the August 14 City Council meeting. Page 34 of 235 Attachments 1. Exhibit Packet Page 35 of 235 ORDINANCE: 1933 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM OKALOOSA COUNTY MIXED USE TO MIXED USE (MU) ON APPROXIMATELY 12.02 ACRES, MORE OR LESS, IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this Ordinance is Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Okaloosa County Mixed Use to Mixed Use (MU) on a parcel of land containing 12.02 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 12.02 acres of land, more or less, from Okaloosa County Mixed Use to Mixed Use (MU). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 12.02 acres, more or less, is known as Parcel 04-3N-23-1840-0001-0010 and commonly described as: Lot One (1) to Ten (10) inclusive of Block One (1) Oakdale Miniature Farms Subdivision according to plat on file in the Office of Clerk of Circuit Court, Okaloosa County, Florida, LESS, begin at the Northeast corner of Lot Six (6) of Block One (1) of Oakdale Miniature Farms, Crestview, Florida, thence run in a Westerly direction along the North boundary of said Lot 6, One Hundred Feet; thence parallel with Garden Street run in a Southerly direction One Hundred Feet; thence parallel with the North boundary of said Lot 6 run in an Easterly direction One Hundred feet to Garden Street; thence on the West boundary of Garden Street in a Northerly direction run Page 36 of 235 One Hundred feet to Point of Beginning. Being in said Lot Six (6) as per plat on file with the Clerk of Circuit Court of Okaloosa County, Florida. The Mixed Use (MU) Future Land Use Category is hereby imposed on Parcel 04-3N-23-1840-0001-0010. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 04-3N-23-1840-0001-0010 thereon. SECTION 5 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 6 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 7 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9 – EFFECTIVE DATE. The effective date of this plan amendment and ordinance shall be thirty- one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant to §163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land Planning Agency or the Administration Commission finding the amendment in compliance with §163.3184, F.S. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 37 of 235 Page 38 of 235 N FERDON BLVD OLD BETHEL RD HWY 85 N AIRPORT RD N FERDON BLVD HWY 85 N Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 39 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Chu rchesClubs/Lodges Fin ancialGym/FitnessImproved A Mu nicipalNo AG Acre OfficePrivate Sch oolPublic School Res tau rantService Shop Sin gle FamilyStoresSupermarket Vacan tVacant Commer cial Vacan t/CommercialVehicle SaleWarehouse Page 40 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Pa rcel City Limits City Futur e Land Use Comm ercia l (C)Industrial (IN)Mixed Use (MU)Conserva tion (CON)Public Land s (PL)Residential (R) County Futur e Land Use Mixed Use (MU) Page 41 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low De nsity District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fam ily Dwelling District(R-3)Mixed Use (MU)Comme rcial (C-1)Comme rcial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zonin gMixed Use (MU) Page 42 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Com me rcia lIndustrial Mixed U seConservation Public La nd sResidential County Future Land Mixed U se Page 43 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low De nsity District (R-1) Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3) Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 44 of 235 CITY OF CRESTVIEW Item # 7.3. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 6/22/2023 SUBJECT: Ord. 1934 - Third Avenue Rezoning BACKGROUND: On May 10, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located at 2203 Third Avenue. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The application requests the Mixed Use (MU) zoning designation for the property. The Planning and Development Board recommended approval of the request on June 5, 2023, and the first reading was approved by the City Council on June 12, 2023. DISCUSSION: The property description is as follows: Property Owner: Smith Family Trust C/O Mary Joseph 124 Miracle Strip Pkwy SW Unit 1500 Ft Walton Beach, FL 32548 Parcel ID: 04-3N-23-1840-0001-0010 Site Size: 12.02 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Residential The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Public Lands Public Lands Public School East Commercial & Okaloosa County Mixed Use Commercial Low-Intensity District (C-1), Commercial High-Intensity District (C-2) & Okaloosa County Mixed Use Vacant, Commercial & Residential South Mixed Use Mixed Use Vacant & Residential Page 45 of 235 West Residential Single and Multi-Family Density Dwelling District (R-3) Vacant The subject property is currently vacant, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for residential and/or low-intensity commercial use. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the rezoning request have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the rezoning request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests a motion to table this item until the August 14 City Council meeting. Attachments 1. Exhibit Packet Page 46 of 235 ORDINANCE: 1934 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 12.02 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 4, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY MIXED USE ZONING DISTRICT TO THE MIXED USE (MU) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 – PROPERTY REZONED. The following described 12.02 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 12.02 acres, more or less, being formerly zoned Okaloosa County Mixed Use with the Mixed Use (MU) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1933, is hereby rezoned to Mixed Use (MU) to wit: PIN # 04-3N-23-1840-0001-0010 Lot One (1) to Ten (10) inclusive of Block One (1) Oakdale Miniature Farms Subdivision according to plat on file in the Office of Clerk of Circuit Court, Okaloosa County, Florida, LESS, begin at the Northeast corner of Lot Six (6) of Block One (1) of Oakdale Miniature Farms, Crestview, Florida, thence run in a Westerly direction along the North boundary of said Lot 6, One Hundred Feet; thence parallel with Garden Street run in a Southerly direction One Hundred Feet; thence parallel with the North boundary of said Lot 6 run in an Easterly direction One Hundred feet to Garden Street; thence on the West boundary of Garden Street in a Northerly direction run One Hundred feet to Point of Beginning. Being in said Lot Six (6) as per plat on file with the Clerk of Circuit Court of Okaloosa County, Florida. SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. Page 47 of 235 SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1933 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 48 of 235 Page 49 of 235 N FERDON BLVD OLD BETHEL RD HWY 85 N AIRPORT RD N FERDON BLVD HWY 85 N Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 50 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Chu rchesClubs/Lodges Fin ancialGym/FitnessImproved A Mu nicipalNo AG Acre OfficePrivate Sch oolPublic School Res tau rantService Shop Sin gle FamilyStoresSupermarket Vacan tVacant Commer cial Vacan t/CommercialVehicle SaleWarehouse Page 51 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Pa rcel City Limits City Futur e Land Use Comm ercia l (C)Industrial (IN)Mixed Use (MU)Conserva tion (CON)Public Land s (PL)Residential (R) County Futur e Land Use Mixed Use (MU) Page 52 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling District (R-1E)Single Family Low De nsity District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fam ily Dwelling District(R-3)Mixed Use (MU)Comme rcial (C-1)Comme rcial (C-2)Industrial (IN)Public Lands (P)Conservation (E) County Zonin gMixed Use (MU) Page 53 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Com me rcia lIndustrial Mixed U seConservation Public La nd sResidential County Future Land Mixed U se Page 54 of 235 JONES RD GARDEN ST N FERDON BLVD INDUSTRIAL DR THIRD AVE OAK LN SHADY LN THIRD AVE N FERDON BLVD ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E)Single Family Low De nsity District (R-1) Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3) Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 55 of 235 CITY OF CRESTVIEW Item # 7.4. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 6/22/2023 SUBJECT: Ord. 1935 - Brookmeade Drive Annexation BACKGROUND: On April 13, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located Brookmeade Drive. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The Planning and Development Board recommended approval of the request on June 5, 2023, and the first reading was approved by the City Council on June 12, 2023. DISCUSSION: The property description is as follows: Property Owner: Magnolia Creeks LLC 107 N Partin Dr Niceville, FL 32578 Parcel ID: 28-3N-23-0000-0013-001A Site Size: 2.36 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Vacant The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Residential East Okaloosa County Mixed Use Okaloosa County Mixed Use Residential South Mixed Use (MU) Mixed Use (MU) Vacant West Commercial (C) Commercial Low-Intensity District (C-1) Vacant The subject property is currently vacant, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Page 56 of 235 Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and finds the following: - The property is contiguous to the city limits; - The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore considered compact; - The annexation of the property would not create an enclave - The subject property is not included in the boundary of another municipality; and, - The subject property meets the definition of urban purposes. Courtesy notices were mailed to property owners within 300 feet of the subject property on May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for annexation have been waived for this application as it was received during the moratorium on annexation fees. The cost of advertising was $544.50. The successful annexation of this property will have positive future impacts, including ad valorem revenue based on future taxable assessed value, development and building permit fees, and utility usage fees. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1935 on second reading. Attachments 1. Exhibit Packet Page 57 of 235 ORDINANCE: 1935 AN ORDINANCE ANNEXING TO THE CITY OF CRESTVIEW, FLORIDA, ± 2.36 ACRES OF CONTIGUOUS LANDS LOCATED IN SECTION 28, TOWNSHIP 3 NORTH, RANGE 23 WEST, AND BEING DESCRIBED AS SET FORTH HEREIN; PROVIDING FOR AUTHORITY; PROVIDING FOR LAND DESCRIPTION; PROVIDING FOR BOUNDARY; PROVIDING FOR LAND USE AND ZONING DESIGNATION; PROVIDING FOR AMENDMENT TO THE BASE, LAND USE AND ZONING MAPS; PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR FILING WITH THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF OKALOOSA COUNTY AND THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Chapter 171, Florida Statutes, and Section 2 of the City Charter. SECTION 2 – LAND DESCRIPTION. The following described unincorporated area contiguous to the City of Crestview, Florida, is hereby annexed to the City: PIN # 28-3N-23-0000-0013-001A (Deed recorded in Book 3676, page 1703, dated May 23, 2023) Beginning at the Southwest corner of the Northwest Quarter of Section 28, Township 3 North, Range 23 West, Okaloosa County, Florida, proceed N-2°14'21" E 660.81 feet along section line, thence S-88°02'll" E 500 feet, thence S-10°14'37" W 86.62 feet, thence S-38°23'37" E 90.15 feet, thence S-8°24'35" W 92.52 feet, thence S-40°53'07" W 59.33 feet, thence S-56°17'10" W 105.89 feet, thence S-33°56'18" W 361.27 feet to South line of Northwest Quarter thence N-88°03'24" W 224.l feet to POB. LESS AND EXCEPT Portion contained in Official Records Book 1422, Page 655 SECTION 3 – BOUNDARY. The existing boundary line of the City of Crestview, Florida, is modified to include the herein referenced tract of land and the base, zoning and land use maps shall be updated to reflect these changes pursuant to law. SECTION 4 – LAND USE AND ZONING. Pursuant to general law, the property hereby annexed was subject to Okaloosa County land development, land use plan, and zoning or subdivision regulations, which shall remain in full force and effect until rezoning and land use changes are finalized by the City in compliance with the Comprehensive Plan. SECTION 5 – COMPREHENSIVE PLAN UPDATE. Pursuant to Chapter 163.011, et seq. petitioner for annexation shall apply through the City for a Comprehensive Plan change which will designate the future land use category for the parcel, with a zoning designation to be assigned and run concurrent with the approval and adoption of the Comprehensive Plan amendment by the proper authorities. Page 58 of 235 SECTION 6 – MAP UPDATE. The Base, Zoning and Future Land Use Maps shall be updated at the earliest possible date. SECTION 7 – FILING. Upon passage, the City Clerk is directed to file a copy of this ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department of the State. SECTION 8 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 9 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 10 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 11 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 12 – EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 59 of 235 Page 60 of 235 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 61 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Use Churches Commercial Header Rec Ho mes fo r Multi-Family Munic ipal No AG Acre Res Co mmon Single Family State Vac ant Wasteland PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Page 62 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Us e (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Mixed Us e (MU) Page 63 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling Distr ict (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fa mily Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conser va tion (E) County ZoningMixed Use (MU) Page 64 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Us e Com me rcia l (C)Industrial Mixed U seConservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Mixed U se Page 65 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E) Single Family Low De nsity District (R-1)Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3)Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 66 of 235 CITY OF CRESTVIEW Item # 7.5. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 6/22/2023 SUBJECT: Ord. 1936 - Brookmeade Drive Comprehensive Plan Amendment BACKGROUND: On April 13, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located Brookmeade Drive. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The application requests the Commercial (C) future land use designation for the property. The Planning and Development Board recommended approval of the request on June 5, 2023, and the first reading was approved by the City Council on June 12, 2023. DISCUSSION: The property description is as follows: Property Owner: Magnolia Creeks LLC 107 N Partin Dr Niceville, FL 32578 Parcel ID: 28-3N-23-0000-0013-001A Site Size: 2.36 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Vacant The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Residential East Okaloosa County Mixed Use Okaloosa County Mixed Use Residential South Mixed Use (MU) Mixed Use (MU) Vacant West Commercial (C) Commercial Low-Intensity District (C-1) Vacant Page 67 of 235 The subject property is currently vacant, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Staff has reviewed the application based on the criteria detailed in Florida statute 171.043 for annexations and finds the following: - The property is contiguous to the city limits; - The property is comprised of one (1) lot in unincorporated Okaloosa County, and is therefore considered compact; - The annexation of the property would not create an enclave - The subject property is not included in the boundary of another municipality; and, - The subject property meets the definition of urban purposes. Courtesy notices were mailed to property owners within 300 feet of the subject property on May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the comprehensive plan amendment have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the comprehensive plan amendment request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1936 on second reading. Attachments 1. Exhibit Packet Page 68 of 235 ORDINANCE: 1936 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, AMENDING ITS ADOPTED COMPREHENSIVE PLAN; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PURPOSE; PROVIDING FOR CHANGING THE FUTURE LAND USE DESIGNATION FROM OKALOOSA COUNTY MIXED USE TO COMMERCIAL (C) ON APPROXIMATELY 2.36 ACRES, MORE OR LESS, IN SECTION 28, TOWNSHIP 3 NORTH, RANGE 23 WEST; PROVIDING FOR FUTURE LAND USE MAP AMENDMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this Ordinance is Section 2 of the City Charter, §163.3187 F.S., §166.021 F.S., §166.041 F.S. and the adopted Comprehensive Plan. SECTION 2 – FINDINGS OF FACT. The City Council of the City of Crestview finds the following: A. This amendment will promote compact, orderly development and discourage urban sprawl; and B. A public hearing has been conducted after "due public notice" by the Crestview Planning Board sitting as the Local Planning Agency with its recommendations reported to the City Council; and C. A public hearing has been conducted by the City Council after "due public notice"; and D. This amendment involves changing the future land use designation from Okaloosa County Mixed Use to Commercial (C) on a parcel of land containing 2.36 acres, more or less, lying within the corporate limits of the City; and E. This amendment is consistent with the adopted Comprehensive Plan and is in the best interests of the City and its citizens. SECTION 3 – PURPOSE. The purpose of this Ordinance is to adopt an amendment to the "City of Crestview Comprehensive Plan: 2020." The amendment is described in Section 4 below. SECTION 4 – FUTURE LAND USE MAP AMENDMENT. The Future Land Use Map is amended by changing the future land use category of a parcel containing approximately 2.36 acres of land, more or less, from Okaloosa County Mixed Use to Commercial (C). For the purposes of this Ordinance and Comprehensive Plan Amendment, the 2.36 acres, more or less, is known as Parcel 28-3N-23-0000-0013-001A and commonly described as: Beginning at the Southwest corner of the Northwest Quarter of Section 28, Township 3 North, Range 23 West, Okaloosa County, Florida, proceed N-2°14'21" E 660.81 feet along section line, thence S-88°02'll" E 500 feet, thence S-10°14'37" W 86.62 feet, thence S-38°23'37" E 90.15 feet, thence S-8°24'35" W 92.52 feet, thence S-40°53'07" W 59.33 feet, thence S-56°17'10" W 105.89 feet, thence S-33°56'18" W 361.27 feet to South line of Northwest Quarter thence N-88°03'24" W 224.l feet to POB. Page 69 of 235 LESS AND EXCEPT Portion contained in Official Records Book 1422, Page 655 The Commercial (C) Future Land Use Category is hereby imposed on Parcel 28-3N-23-0000-0013-001A. Exhibit A, which is attached hereto and made a part hereof by reference, graphically depicts the revisions to the Future Land Use Map and shows Parcel 28-3N-23-0000-0013-001A thereon. SECTION 5 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 6 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 7 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 9 – EFFECTIVE DATE. The effective date of this plan amendment and ordinance shall be thirty- one (31) days after adoption on second reading by the City Council, unless the amendment is challenged pursuant to §163.3187, F.S. If challenged, the effective date shall be the date a Final Order is issued by the State Land Planning Agency or the Administration Commission finding the amendment in compliance with §163.3184, F.S. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 70 of 235 Page 71 of 235 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 72 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Use Churches Commercial Header Rec Ho mes fo r Multi-Family Munic ipal No AG Acre Res Co mmon Single Family State Vac ant Wasteland PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Page 73 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Us e (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Mixed Us e (MU) Page 74 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling Distr ict (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fa mily Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conser va tion (E) County ZoningMixed Use (MU) Page 75 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Us e Com me rcia l (C)Industrial Mixed U seConservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Mixed U se Page 76 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E) Single Family Low De nsity District (R-1)Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3)Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 77 of 235 CITY OF CRESTVIEW Item # 7.6. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Second reading TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Barry Henderson, Development Services Director, Nicholas Schwendt, Senior Planner DATE: 6/22/2023 SUBJECT: Ord. 1937 - Brookmeade Drive Rezoning BACKGROUND: On April 13, 2023, staff received an application to annex and to amend the comprehensive plan and zoning designations for property located Brookmeade Drive. The subject property is currently located within unincorporated Okaloosa County with a future land use and zoning designation of Mixed Use. The application requests the Commercial Low-Intensity District (C-1) zoning designation for the property. The Planning and Development Board recommended approval of the request on June 5, 2023, and the first reading was approved by the City Council on June 12, 2023. DISCUSSION: The property description is as follows: Property Owner: Magnolia Creeks LLC 107 N Partin Dr Niceville, FL 32578 Parcel ID: 28-3N-23-0000-0013-001A Site Size: 2.36 acres Current FLU: Okaloosa County Mixed Use Current Zoning: Okaloosa County Mixed Use Current Land Use: Vacant The following table provides the surrounding land use designations, zoning districts, and existing uses. Direction FLU Zoning Existing Use North Okaloosa County Mixed Use Okaloosa County Mixed Use Residential East Okaloosa County Mixed Use Okaloosa County Mixed Use Residential South Mixed Use (MU) Mixed Use (MU) Vacant West Commercial (C) Commercial Low-Intensity District (C-1) Vacant Page 78 of 235 The subject property is currently vacant, and a development application has not been submitted. Based on the requested land-use and zoning designations, the property can be developed for commercial use. Staff reviewed the request for rezoning and finds the following: - The proposed zoning is consistent with the proposed future land use designation. - The uses within the requested zoning district are compatible with uses in the adjacent zoning districts. - The requested use is not substantially more or less intense than allowable development on adjacent parcels. Courtesy notices were mailed to property owners within 300 feet of the subject property on May 15, 2023. The property was posted on May 22, 2023. An advertisement ran in the Crestview News Bulletin on May 25 and June 1, 2023. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability – Achieve long term financial sustainability. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Community Character – Promote desirable growth with a hometown atmosphere. Opportunity – Promote an environment that encourages economic and educational opportunity. Community Culture – Develop a specific identity for Crestview. FINANCIAL IMPACT The fees for the rezoning request have been waived for this application as it was received during the moratorium on annexation fees. There is no additional cost of advertising as the rezoning request was included in the advertisement for annexation. RECOMMENDED ACTION Staff respectfully requests adoption of Ordinance 1937 on second reading. Attachments 1. Exhibit Packet Page 79 of 235 ORDINANCE: 1937 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR THE REZONING OF 2.36 ACRES, MORE OR LESS, OF REAL PROPERTY, LOCATED IN SECTION 28, TOWNSHIP 3 NORTH, RANGE 23 WEST, FROM THE OKALOOSA COUNTY MIXED USE ZONING DISTRICT TO THE COMMERCIAL LOW-INTENSITY DISTRICT (C-1) ZONING DISTRICT; PROVIDING FOR AUTHORITY; PROVIDING FOR THE UPDATING OF THE CRESTVIEW ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER’S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1 – AUTHORITY. The authority for enactment of this ordinance is Section 166.041, Florida Statutes and Chapter 102, City Code. SECTION 2 – PROPERTY REZONED. The following described 2.36 acres, more or less, of real property lying within the corporate limits of Crestview, Florida, with 2.36 acres, more or less, being formerly zoned Okaloosa County Mixed Use with the Commercial (C) Future Land Use Map designation recently ratified by the City Council through adoption of Ordinance 1936, is hereby rezoned to Commercial Low-Intensity District (C- 1) to wit: PIN # 28-3N-23-0000-0013-001A Beginning at the Southwest corner of the Northwest Quarter of Section 28, Township 3 North, Range 23 West, Okaloosa County, Florida, proceed N-2°14'21" E 660.81 feet along section line, thence S-88°02'll" E 500 feet, thence S-10°14'37" W 86.62 feet, thence S-38°23'37" E 90.15 feet, thence S-8°24'35" W 92.52 feet, thence S-40°53'07" W 59.33 feet, thence S-56°17'10" W 105.89 feet, thence S-33°56'18" W 361.27 feet to South line of Northwest Quarter thence N-88°03'24" W 224.l feet to POB. LESS AND EXCEPT Portion contained in Official Records Book 1422, Page 655 SECTION 3 – MAP UPDATE. The Crestview Zoning Map, current edition, is hereby amended to reflect the above changes concurrent with passage of this ordinance, which is attached hereto. SECTION 4 – SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 5 – SCRIVENER’S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager’s designee, without public hearing, by filing a corrected or re-codified copy with the City Clerk. SECTION 6 – ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. Page 80 of 235 SECTION 7 – REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 8 – EFFECTIVE DATE. The effective date of this Ordinance shall be the date Comprehensive Plan Amendment is adopted by Ordinance # 1936 and becomes legally effective. Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day of June, 2023. ATTEST: _____________________________________ Maryanne Schrader City Clerk Approved by me this 26th day of June, 2023. ______________________________________ J. B. Whitten Mayor Page 81 of 235 Page 82 of 235 I-10 S FERDON BLVD I-10 S FERDON BLVD Vicinity Map ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Not to Scale Subject Parcel(s) Page 83 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN Existing Use¯ 0 300150 Feet Legend Subject Parcel City Limits Existing Use Churches Commercial Header Rec Ho mes fo r Multi-Family Munic ipal No AG Acre Res Co mmon Single Family State Vac ant Wasteland PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET Page 84 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentFuture Land Use¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Future Land Use Commercial (C)Industrial (IN)Mixed Us e (MU)Conservation (CON)Public Lands (PL)Residential (R) County Future Land Use Mixed Us e (MU) Page 85 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN CurrentZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City ZoningSingle Family Estate Dwelling Distr ict (R-1E)Single Family Low Density District (R-1)Single Family Medium Density District (R-2)Single and Multi-Fa mily Dwelling District(R-3)Mixed Use (MU)Commercial (C-1)Commercial (C-2)Industrial (IN)Public Lands (P)Conser va tion (E) County ZoningMixed Use (MU) Page 86 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedFuture Land Use ¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City City Futur e Land Us e Com me rcia l (C)Industrial Mixed U seConservation (CON) Public La nd s (PL)Residential (R) County Future Land Use Mixed U se Page 87 of 235 BROOKMEADE DR N I C O L E L NTRENTON AVE RUBY LN CREVE CORE DR LADUE AVE NICOLE LN ProposedZoning¯ PREPARED BY CITY OF CRESTVIEW COMM UNITY DEVELOPMENT SERVICESPARCEL INFORMATION PROVIDED BYOKALOOSA COUNTY GIS DEPARTMENTNAD 1983 STATE PLANE, NORTH ZONEU.S. SURV EY FEET 0 300150 Feet Legend Subject Parcel City Limits City Zoning Single Family Estate Dwelling District(R-1E) Single Family Low De nsity District (R-1)Single Family Medium Density District(R-2)Single and Multi-Fam ily DwellingDistrict (R-3)Mixed Use (MU) Comme rcial (C-1) Comme rcial (C-2) Industrial (IN) Public Lands (P) Conservation (E) County Zoning Mixed Use (MU) Page 88 of 235 CITY OF CRESTVIEW Item # 10.1. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Dawn Barnes, Stephen McCosker, Police Chief DATE: 6/22/2023 SUBJECT: PSAP Interlocal Agreement BACKGROUND: The City of Crestview received An Interlocal Agreement Between Okaloosa County First Responder Agencies. This agreement is a renewal of the previous agreement. DISCUSSION: Florida statute allows local governments to cooperate with each other to provide efficient services to their communities. Prior to these interlocal agreements, if a 911 call was received by the incorrect dispatch center, the caller would have to be transferred to the correct office. This increased the amount of time needed to dispatch first responders. This interlocal service agreement allows 911 dispatch offices to contact the first responder agency who has jurisdiction over the location of an emergency. Dispatch offices have access to a radio dispatch channel designated for these types of calls. This agreement allows for faster response times, which could save lives. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows. Foundational – these are the four areas of focus that make up the necessary foundation of a successful local government. Organizational Capacity, Effectiveness & Efficiency – To efficiently & effectively provide the highest quality of public services. Quality of Life – these six areas focus on the overall experience when provided by the city. Safety – Ensure the continuous safety of citizens and visitors. FINANCIAL IMPACT This agreement will have no financial impact on the City. Page 89 of 235 RECOMMENDED ACTION Staff respectfully requests approval of this interlocal agreement. Attachments 1. Expired PSAP Agreement 2. INTERLOCAL AGREEMENT PSAP 2023 LMH edits 2 Page 90 of 235 Page 91 of 235 Page 92 of 235 Page 93 of 235 Page 94 of 235 Page 95 of 235 Page 96 of 235 Page 97 of 235 Page 98 of 235 Page 99 of 235 Page 100 of 235 Page 101 of 235 Page 102 of 235 AN INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY FIRST RESPONDER AGENCIES WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969” authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part 1 of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Marjory Stoneman Douglas High School Public Safety Commission recommended that counties be required to develop and implement communication systems that allow direct radio communication between public safe ty answering points (PSAPs) and first responders outside the PSAPs normal service area to provide for more efficient dispatch of first responders; and WHEREAS, in response to the Commission’s recommendations, the Florida Legislature created Section 365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering points and first responders); and WHEREAS, Section 365.179, Florida Statutes, requires each County Sheriff to facilitate an interlocal agreement between all first responder agencies (“AGENCY” or collectively “AGENCIES” or “Parties”) within the county which provides for inter-– agency communications as required under this law. NOW, THEREFORE, in consideration of the foregoing, the AGENCIES agree as follows: Article 1. Purpose This agreement sets forth the protocols under which a PSAP will directly provide notice by radio of a public safety emergency to the on–duty personnel of a first responder agency for which the PSAP does not provide primary dispatch functio ns. Article 2. Definitions A. “9-1-1 public safety answering point” or “PSAP” means a municipal or county emergency communications or 9-1-1 call center in the state that receives cellular, landline, or text –to– 9-1-1 communications. B. “First responder agency” includes each law enforcement agency and fire service agency, other than a state agency, and each emergency medical Page 103 of 235 INTERLOCAL AGREEMENT- PSAP 2 services provider, as is designated as a primary first responder for the service area in which a 9-1-1 public safety answering point receives 9-1-1 calls. See list of Okaloosa County First Responder Agencies, Exhibit A. C. “Public safety emergency” or “event” for purposes of this Agreement includes, but is not limited to, an incident where a person (s) is actively engaging in causing death or serious bodily injury to multiple victims. This may be the result of an active shooter and/or other hostile event where the potential for death or serious bodily injury is imminent and/or occurring . Article 3. Each AGENCY agrees that: A. Each PSAP will directly provide notice by radio of a public safety emergency to the on–duty personnel of an AGENCY for which the PSAP does not provide primary dispatch functions as follows: 1. Each PSAP shall have the ability to have direct radio contact with all primary first responder agencies and their dispatchers for whom the PSAP can reasonably receive 9-1-1 communications. 2. Upon the occurrence of a public safety emergency, if the primary PSAP with jurisdiction has not yet dispatched the event , the PSAP receiving the event from 9-1-1 shall, upon supervisor approval, immediately broadcast all 9-1-1 communications or public safety information regarding the emergency over the primary talk group/dispatch channel designated for such communications to the first responders and dispatchers with jurisdiction over the service area where the event is occurring. 3. Notwithstanding, once the event has been dispatched by the primary PSAP with jurisdiction, PSAPs outside the service area of the event will transfer additional 9-1-1 calls to the primary PSAP. B. Training shall be provided to all applicable agency personnel regarding the procedures and protocols set forth in this Agreement ; such training shall also include radio functionality and how to readily access the necessary dispatch channel. Each AGENCY, and/or PSAP shall be responsible for training their respective personnel. Article 4. Effective Date and Term of Agreement Page 104 of 235 INTERLOCAL AGREEMENT- PSAP 3 This Agreement shall take effect upon execution and approval by the hereinafter named AGENCIES and shall continue in full force and effect each year thereafter, unless otherwise terminated in writing by a named participating AGENCY. Notice of Termination of this Agreement by a participating Agency shall be in writing and sent to the Okaloosa County Sheriff’s Office with all other participating AGENCIES copied with the notice. The Notice of Termination shall be delivered in the following manner: Okaloosa County Sheriff’s Office Attn: Legal 50 2nd Street Shalimar, Florida 32579 legal@sheriff-okaloosa.org Article 5. Liability Each AGENCY shall be liable for its own actions and negligence and agrees to assume responsibility for the acts, omissions, or conduct of such agency’s employees, subject to the provisions of Section 768.28, Florida Statutes, where applicable. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, or of any defense available to any agency. Nothing herein shall be construed as consent by any agency to be sued by third parties in any matter, whether arising out of this agreement or any other contract. Article 6. Non-Discrimination The Parties shall not discriminate on the basis of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. Article 7. Relationship of the Parties Except as set forth herein, no party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations of any other party and nothing in this Agreement shall be deemed to constitute any party a partner, agent, or local representative of any other party or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the Parties. Article 8. Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of any Agency. Article 9. No Third Party Beneficiaries Page 105 of 235 INTERLOCAL AGREEMENT- PSAP 4 This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implie d, upon any other third person. Article 10. Severability The invalidity or unenforceability of any provision or clause hereof shall in no way affect the validity or enforceability of any other clause or provision hereof. Article 11. Amendments to this Agreement Any amendments to this Agreement shall be by written instrument executed by all AGENCIES. Article 12. Assignment; Binding Agreement This Agreement and the duties and obligations hereunder may not be transferred or assigned by any of the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors. Article 13. Governing Law and Venue This Agreement shall be construed in accordance with the laws of the State of Florida. Venue shall lie in Okaloosa County, Florida. Article 14. Entirety of Contractual Agreement The AGENCIES agree that this Agreement sets forth the entire agreement between the Parties, and that there are no promises or understandings other than those stated herein. IN WITNESS WHEREOF, the AGENCIES hereto have caused this Interlocal Agreement to be executed for the uses and purposes set forth herein. Page 106 of 235 INTERLOCAL AGREEMENT- PSAP 5 EXHIBIT A FIRST RESPONDER AGENCIES LAW ENFORCEMENT AGENCIES: Okaloosa County Sheriff’s Office Fort Walton Beach Police Department Crestview Police Department Niceville Police Department Valparaiso Police Department Shalimar Police Department Northwest Florida State College Police Department Eglin Air Force Base Security Forces Hurlburt Field Security Forces FIRE SERVICE AGENCIES: Ocean City Wright Fire Control District Okaloosa Island Fire Dept Florosa Fire Fort Walton Beach Fire North Bay Fire Destin Fire Hurlburt Fire Valparaiso Fire Niceville Fire East Niceville Fire Baker Fire Holt Fire Dorcas Fire Almarante Fire Laurel Hill Fire Blackman Fire North Okaloosa Fire Eglin Air Force Base Fire Duke Field Fire Crestview Fire PUBLIC SAFETY SERVICE PROVIDERS: Okaloosa County Emergency Management Okaloosa County Emergency Medical Services Okaloosa County Beach Safety Page 107 of 235 INTERLOCAL AGREEMENT- PSAP 6 FIRST RESPONDER AGENCY ______________________________ Print Name of Agency _______________________________ Signature of Authorized Official _______________________________ Print Name of Authorized Official _____ day of ___________________, 2023 Page 108 of 235 CITY OF CRESTVIEW Item # 10.2. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Kyle Lusk, Jessica Leavins, Administrative Services Director DATE: 6/23/2023 SUBJECT: Employee Assistance Program Contract BACKGROUND: Since 2019, the need for mental health and whole wellness services has grown significantly. In order to meet the needs of our employees and provide a whole wellness approach, the City of Crestview decided to pursue an Employee Assistance Program (EAP) that could best meet the needs of our employees. The City's current EAP contract with Pattison Professional Counseling Center runs out July 1, 2023. DISCUSSION: As part of its efforts to support employee mental health and well-being, the City of Crestview offers an Employee Assistance Program (EAP) in its competitive benefits package. In April 2023, the City sought proposals from EAP providers but received no bids. As a result, we are seeking permission to negotiate directly with vendors to secure EAP services. We have contacted several providers, but their rates were either too high or not suitable for our group size. After careful consideration, we recommend Keystone Peer Review Organization, Inc. (KEPRO) based on their existing contract with State and local providers. KEPRO offers the best rates and has ample providers in the state. The proposed contract would cover EAP services from July 2023 until June 2026 and ensure timely access to practitioners in case of critical incidents. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services FINANCIAL IMPACT The cost of the contract with KEPRO will vary depending on the number of employees during the contract time. We anticipate $3000 plus any one-time trainings needed. The previous contract was on average $1000 annually. This increase in cost will substantially increase the service available to employees and their families. The contract cost has been budgeted in HR Operating supplies. RECOMMENDED ACTION Staff respectfully requests a motion for the approval of the EAP contact with Keystone Peer Review Organization, Inc. Attachments 1. State of Florida EAP Participation Agreement (003) Page 109 of 235 Page 1 of 13 STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES EMPLOYEE ASSISTANCE PROGRAM PARTICIPATION AGREEMENT WHEREAS, the State of Florida, Department of Management Services (“Department”) entered into Contract # DMS-18/19-046 (“EAP Agreement”), effective July 1, 2020, with Keystone Peer Review Organization, Inc. (“Kepro”) for Employee Assistance Program Benefits and Services (“Services”); WHEREAS, the State of Florida granted authority for governmental entities to independently contract with Kepro for Services (“Participation Agreement”); and WHEREAS, CITY OF CRESTVIEW (“Participating Entity”) desires to participate and receive Services from Kepro under the same terms and conditions as the EAP Agreement. Participating Entity and Kepro may be referred to individually, the “Party” and collectively, the “Parties.” NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the Parties, intending to be legally bound, agree as follows: 1.Cooperative Purchasing. Pursuant to Section 8.11 of the EAP Agreement: Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not directly eligible for services herein may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), Florida Administrative Code. Participating Entity agrees to receive services from Kepro subject to all terms and conditions of this Participation Agreement and EAP Agreement. As a third-party beneficiary to the EAP Agreement, Participating Entity shall be responsible for all costs and liabilities associated with services provided under this Participation Agreement. The State of Florida shall not be liable for the obligations of the Participating Entity or any other entity which uses services provided under the EAP Agreement. 2.Term. The initial term (“Initial Term”) of the Participation Agreement shall be effective on July 1st 2023 (“Effective Date”) and shall remain in full force and effect until the earlier of (i) June 30, 2026 or (ii) the date upon which the EAP Agreement is terminated. 3.Renewal. Unless this Participation Agreement is earlier terminated, the Participation Agreement may be renewed by mutual written agreement of Kepro and Participating Entity for a period not to exceed five (5) years. Any such renewal is limited to the term of the then current EAP Agreement between the State of Florida and Kepro. 4.Services Provided. Kepro shall provide the following Services. Page 110 of 235 Page 2 of 13 Employee Overview Total Employee Count Per Employee Per Month (PEPM) Rate Four (4) counseling sessions per problem area, per year per Participant $0.81 PEPM Critical Incident Stress Debriefings Critical Incident Support, onsite Fee for service Fee-for-service: Critical Incident Support $300.00 per hour Training & Onsite Services Training and On-site services Fee for service Fee-for-service: Training or onsite support $250.00 per hour Ad Hoc Services Dependent Coverage $0.13 PEPM 5.Notice. All communications, including notices, required or permitted to be given under this Participation Agreement shall be in writing and directed to the Parties at the addresses stated below. Notices may be given: (i) by delivery in person; (ii) by a nationally recognized next day courier service, return receipt requested; or (iii) by certified mail, return receipt request. If specifically requested by the party to be notified, valid notice may be given by facsimile transmission or electronic mail to the address(es) such party has specified in writing. To Kepro: Keystone Peer Review Organization, Inc. Attn: Contracts Department 777 East Park Drive Harrisburg, PA 17111 To Participating Entity: 6.Incorporation by Reference. The following are incorporated herein by reference and made a part hereof: (a) Contract # DMS-18/19-046 between the State of Florida, Department of Management Services and Keystone Peer Review Organization, Inc.; and (b) Exhibit A, Business Associate Agreement. 7.Successors and Assigns. This Participation Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the Parties hereto. 8.Entire Agreement. This Participation Agreement and the EAP Agreement, collectively, are the Page 111 of 235 Page 3 of 13 complete agreement of the Parties and supersede any prior agreements or representations, whether oral or written, with respect to the provision of employee assistance program services. IN WITNESS WHEREOF, each party has caused this Participation Agreement to be duly executed by its authorized representative. Keystone Peer Review Organization, Inc.Participating Entity By:By: Name:Name: Title:Title: Date:Date: Page 112 of 235 Page 4 of 13 EXHIBIT A Business Associate Agreement This Business Associate Agreement (“Agreement”), effective as of the later date of the parties’ signatures below (“Effective Date”) is made by and between (“Plan Sponsor”) on behalf of the Services Plan (the “Plan”) and Keystone Peer Review Organization, Inc. (“Business Associate”), (individually, the “Party” and collectively, the “Parties”), in order to comply with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended and its implementing privacy, security and breach notification regulations (“HIPAA”), including as amended by Subtitle D of the Health Information Technology for Economic and Clinical Health Act in Public Law 111-5, 42 U.S.C. § 17921-54 and its implementing regulations, each as amended (collectively, the “HITECH Act”), and any other applicable state and federal confidentiality laws, as they may be amended from time to time. WHEREAS, the parties to this Agreement desire to establish the terms under which Business Associate may use or disclose Protected Health Information (as defined herein) such that the Plan may comply with applicable requirements of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 C.F.R. Parts 160-164) (“HIPAA Privacy Regulation” and/or “HIPAA Security Regulation”) and the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009 (the “HITECH Act”), that are applicable to business associates, along with any guidance and/or regulations issued by the U.S. Department of Health and Human Services; WHEREAS, Plan Sponsor has established and maintains an EAP service plan of health care benefits which is an employee welfare benefit plan as defined by Section 3(1) of the Employee Retirement Income Security Act of 1974 (“ERISA”), and, therefore, a health plan under HIPAA; WHEREAS, Plan Sponsor has contracted with Business Associate to provide certain EAP services with respect to the Plan which are described and set forth in the Employee Assistance Program Participation Agreement (“Participation Agreement”), as amended from time to time; WHEREAS, Plan Sponsor is authorized to enter into this agreement on behalf of Plan; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements contained herein, it is understood and agreed by and between the Parties as follows: ARTICLE 1 DEFINITIONS Terms used herein, but not otherwise defined, shall have meaning ascribed by Title 45, Parts 160 and 164, of the United States Code of Federal Regulations, as amended from time to time. Should any term set forth in 45 CFR Parts 160 or 164 conflict with any defined term herein, the definition found in 45 CFR Parts 160 or 164 shall prevail. 1.1 Breach. “Breach” means the acquisition, access, use, or disclosure of PHI in a manner not permitted which compromises the security or privacy of such information as defined and subject to the exceptions set forth in 45 CFR § 164.402. 1.2 Breach Notification Rule. “Breach Notification Rule” means the HIPAA Regulations pertaining to breaches of unsecured PHI as codified in 45 CFR Parts 160 and 164. Page 113 of 235 Page 5 of 13 1.3 Designated Record Set. “Designated Record Set” means a group of records maintained by or for a covered entity, as defined by the HITECH Act, that is: (i) the medical records and billing records about Individuals maintained by or for a covered health care provider; (ii) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or (iii) used, in whole or in part, by or for the covered entity to make decisions about Individuals. For purposes of this definition, the term “record” means any item, collection, or grouping of information that includes protected health information and is maintained, collected, used, or disseminated by or for a covered entity. 1.4 Electronic PHI. “Electronic PHI” or “EPHI” means PHI that is transmitted by or maintained in electronic media as defined by the Security Rule. 1.5 Individual. “Individual” means the same as the term “individual” in 45 CFR § 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502 (g). 1.6 Law. “Law” means all applicable federal and state statutes and all relevant regulations. 1.7 Privacy Rule. “Privacy Rule” means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR parts 160 and 164, subparts A and E. 1.8 Protected Health Information (“PHI”). “Protected Health Information” or PHI has the same meaning as the term “Protected Health Information” in 45 CFR § 160.103, limited to the information created or received by Business Associate from or on behalf of the Plan. 1.9 Secretary. “Secretary” means the Secretary of the Department of Health and Human Services or his or her designee. 1.10 Security Incident. “Security Incident” shall have the meaning set out in the Security Rule. Generally, a “Security Incident” shall mean any attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or systems operations in an electronic information system. 1.11 Security Rule. “Security Rule” means the Security Standards and Implementation Specifications at 45 CFR parts 160 and 164, subparts A and C, as they may be amended from time to time. 1.12 Unsecured PHI. “Unsecured PHI” means PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of either the encryption method or the destruction method, as defined in Department of Health and Human Services (“HHS”) guidance published on April 27, 2009 (74 FR 19006) and modified by guidance published on August 24, 2009 (74 FR 42740), as amended. Unsecured PHI can include information in any form or medium, including electronic, paper or oral. ARTICLE 2 BUSINESS ASSOCIATE OBLIGATIONS Business Associate agrees to comply with applicable federal and state confidentiality and security laws, specifically the provisions of the HITECH Act applicable to business associates (as defined by the HITECH Act), including: 2.1 Use and Disclosure of PHI. Except as otherwise permitted by this Agreement or applicable law, Business Associate shall not use, maintain, transmit or disclose PHI except as necessary to provide services to or on behalf of the Plan and except as required by Law. Business Associate may use and disclose Page 114 of 235 Page 6 of 13 PHI as necessary for the proper management and administration of Business Associate, or to carry out its legal responsibilities. Business Associate shall in such cases: 2.1.1 provide information to members of its workforce using or disclosing PHI regarding the confidentiality requirements in the HITECH Act and this Agreement; 2.1.2 obtain reasonable assurances from the person or entity to whom the PHI is disclosed that: (i) the PHI will be held confidential and further used and disclosed only as required by Law or for the purpose for which it was disclosed to the person or entity; and (ii) the person or entity will notify Business Associate of any instances of which it is aware in which confidentiality of the PHI has been breached; 2.1.3 agree to notify the Plan of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HITECH Act. 2.2 Disclosure to Business Associate’s Agents and Subcontractors. If Business Associate discloses PHI to agents, including a subcontractor, Business Associate shall require the agent or subcontractor to agree to the same restrictions and conditions as apply to Business Associate under this Agreement and to comply with the applicable requirements of the Privacy Rule, Security Rule, HITECH Act, Breach Notification Rule and other Law with respect to such information. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the EPHI that it creates, receives, maintains, stores, uses or transmits on behalf of the Plan in accordance with Law. Business Associate shall be liable to the Plan for any acts, failures or omissions of the agent or subcontractor in providing the services as if they were Business Associate’s own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its agents or subcontractors will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 2.3 Disclosure to Plan and Plan Sponsor (and their Subcontractors). Other than disclosures permitted by Section 2.1 above, Business Associate will not disclose Individuals’ Protected Health Information to the Plan, its Plan Sponsor, or any business associate or subcontractor of such parties except as set forth in Section 2.11. 2.4 Data Aggregation. Except as otherwise limited in the EAP Agreement or Participation Agreement, Business Associate is permitted to use and disclose PHI for data aggregation purposes, subject to the requirements of HIPAA and the HITECH Act. 2.5 Withdrawal of Authorization. If the use or disclosure of PHI in this Agreement is based upon an Individual’s specific authorization for the use or disclosure of his or her PHI, and the Individual revokes such authorization, the effective date of such authorization has expired, or such authorization is found to be defective in any manner that renders it invalid, Business Associate shall, if it has notice of such revocation, expiration or invalidity, cease the use and disclosure of the Individual’s PHI except to the extent it has relied on such use or disclosure, or if an exception under the HITECH Act expressly applies. 2.6 Safeguards. Business Associate agrees to maintain appropriate safeguards as required by Law, including without limitation, a written security program that contains the necessary administrative, physical and technical safeguards to ensure that PHI or EPHI is not used, maintained, transmitted or disclosed other than as provided by this Agreement or as required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the Page 115 of 235 Page 7 of 13 confidentiality, integrity and availability of any EPHI it creates, receives, maintains, stores, uses, transmits or discloses on behalf of the Plan in accordance with Law. Business Associate shall ensure, at a minimum, that: 2.6.1 PHI or EPHI will be maintained in locked and secured areas when PHI or EPHI is not in use; 2.6.2 Facsimile machines receiving EPHI shall not be located in a public area; 2.6.3 EPHI stored electronically shall be password protected; 2.6.4 PHI and EPHI will not be shared with outside organizations; and 2.6.5 PHI and EPHI will be used internally on a need to know basis only. 2.7 Individual Rights 2.7.1 Business Associate shall document such disclosures of PHI and information related to such disclosures as would be required for the Plan to respond to a request by an Individual for an accounting of disclosures of PHI as required by and in accordance with 45 CFR § 164.528 as amended by the HITECH Act and its implementing regulations. Business Associate, in accordance with 45 CFR § 164.528, does not need to document disclosures of PHI that are for treatment, payment or healthcare operations or disclosures that are incidental to another permissible disclosure. If Business Associate or its agents or subcontractors uses or maintains PHI in an electronic record of health-related information created, gathered or maintained or consulted by authorized health care clinicians and staff, then Business Associate and its agents and subcontractors shall document and make available to the Plan the information required to provide an accounting of disclosures to enable the Plan to fulfill its obligations under the HITECH Act as of the date compliance is required under the HITECH Act or its implementing regulations, including disclosures and uses relating to treatment, payment and health care operations. 2.7.2 Business Associate agrees to provide to the Plan, within thirty days of the request, in a mutually agreed upon form, information collected in accordance with 2.7.1 above to the extent required to permit the Plan to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528, as amended by the HITECH Act. The Plan shall provide to Business Associate within 30 days of the effective date of this Agreement, a written explanation of the Plan’s requirements under this section (b) in sufficient detail to enable the Plan to comply with such requirements. The Plan agrees to respond promptly to requests from Business Associate for clarification of such requirements, and Business Associate may rely on such responses. The Parties agree to work together in good faith to resolve any disagreement over the requirements of 45 CFR § 164.528, as amended by the HITECH Act. The Plan will be responsible for the reasonable costs incurred by Business Associate to respond to a request for an accounting of disclosures. The Plan, rather than Business Associate, will directly handle all requests for accounting from an Individual. Business Associate shall promptly forward all requests for accounting it receives from Individuals to the Plan. 2.7.3 Business Associate shall, at the request of the Plan, provide PHI maintained in a Designated Record Set to the Plan or, as directed by the Plan, to an Individual in order to meet the requirements of an Individual’s right of access and requests for access to his or her PHI. An Individual’s right of access to PHI includes the right to access EPHI contained in an electronic health Page 116 of 235 Page 8 of 13 record. The Plan will be responsible for the reasonable costs incurred by Business Associate to respond to a request for access. The provision of access to the Individual’s PHI or EPHI and any denials of access to PHI or EPHI shall be the sole responsibility of the Plan. If Business Associate or its agents or subcontractors maintains or uses PHI, then promptly after receipt of a request from the Plan, Business Associate shall make a copy of such PHI available to the Plan in an electronic format in order to enable the Plan to fulfill its obligations under the HITECH Act and the Privacy Rule. 2.8 De-identified Information. Business Associate may use and disclose de-identified health information if (i) the use is disclosed to the Plan and permitted by law and (ii) the de-identification is in compliance with 45 CFR §164.502(d) and (iii) the de-identified health information meets the standard and implementation specifications for de-identification under 45 CFR §164.514(a) and (b). 2.9 Minimum Necessary. Business Associate shall attempt to ensure that all uses and disclosures of PHI are subject to the principle of “minimum necessary use and disclosure,” i.e., that only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure or request is used or disclosed. 2.10 Notice of Privacy Practices. Business Associate shall abide by the limitations of the Plan’s notice of privacy practices (“Notice of Privacy Practices”) of which it has knowledge. Any use or disclosure permitted by this Agreement may be amended by changes to the Plan’s Notice of Privacy Practices; provided, however, that the amended Notice of Privacy Practices shall not affect permitted uses and disclosures on which Business Associate relied prior to receiving notice of such amended Notice of Privacy Practices. 2.11 Disclosures of Protected Health Information. The following provisions apply to disclosures of Protected Health Information to the Plan, Plan Sponsor and other business associates of the Plan. 2.11.1 Disclosure to Plan. Unless otherwise provided by this Section 2.11, all communications of Protected Health Information by Business Associate shall be directed to the Plan. 2.11.2 Disclosure to Plan Sponsor. Business Associate may provide Summary Health Information regarding the Individuals in the Plan to Plan Sponsor upon Plan Sponsor’s written request for the purpose either (a) to obtain premium bids for providing health insurance coverage for the Plan, or (b) to modify, amend or terminate the Plan. Business Associate may provide information to Plan Sponsor on whether an individual is participating in the Plan or is enrolled in or has disenrolled from any insurance coverage offered by the Plan. 2.11.3 Disclosure to Other Business Associates and Subcontractors. Business Associate may disclose Individuals’ Protected Health Information to other entities or business associates of the Plan if the Plan authorizes Business Associate in writing to disclose Individuals’ Protected Health Information to such entity or business associate. The Plan shall be solely responsible for ensuring that any contractual relationships with these entities or business associates and subcontractors comply with the requirements of 45 Code of Federal Regulations § 164.504(e) and § 164.504(f). 2.12 Security Incident / Unauthorized Disclosure of PHI. 2.12.1 Business Associate shall report to the Plan any instances, including Security Incidents, of which it is aware in which PHI or EPHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement. In the event that Business Associate knows of: (i) any suspected Breach of any individual PHI or EPHI; (ii) a Security Incident (i.e. PHI was inappropriately used, disclosed, released or obtained) or (iii) a Breach of Unsecured PHI, Business Associate shall notify the Plan in writing within five Page 117 of 235 Page 9 of 13 (5) calendar days of such Breach. Notification shall include detailed information about the Breach, including, but not limited to, the nature and circumstances of such Breach, the means by which PHI or EPHI was or may have been breached (e.g. stolen laptop; breach of security protocols; unauthorized access to computer systems, etc.), the names and contact information of all individuals affected or reasonably believed by the Business Associate to be affected, and such other information as the Plan may reasonably request. Any delay in notification must include evidence demonstrating the necessity of the delay. The notice shall also set forth the remedial action taken or proposed to be taken with respect to such prohibited use or disclosure. Business Associate and the Plan agree to act together in good faith to take reasonable steps to investigate and mitigate any harm caused by such unauthorized use or successful Security Incident. The Party responsible for the breach shall bear the cost of any required notifications and corrective actions (e.g. credit monitoring services). The Business Associate will provide the Plan with any reasonable information known by Business Associate that the Plan needs for the required notifications under the Breach Notification Rule. The Plan shall have responsibility for determining that an incident is a Breach, including the requirement to perform a risk assessment. However, the Business Associate is expected to perform a risk assessment and provide such assessment to the Plan. Further, Business Associate shall provide and pay for required notifications to Individuals, HHS and/or the media, as requested by the Plan. 2.12.2 Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI or EPHI by Business Associate in violation of the requirements of this Agreement. 2.13 Prohibited Actions. With respect to PHI and EPHI, Business Associate agrees to: 2.13.1 not directly or indirectly receive remuneration in exchange for any PHI as prohibited by, and subject to the exceptions under the HITECH Act, Privacy Rule, and state law as of their respective compliance dates. 2.13.2 not make or cause to be made any communication about a product or service that encourages recipients of the communication to purchase or use the product or service as prohibited by, and subject to the exceptions under the HITECH Act and the Privacy Rule, as of their respective compliance dates. Business Associate agrees to comply with applicable federal and state Law regarding marketing communications involving the use of disclosure of PHI; and 2.12.3 not make or cause to be made any written fundraising communications that is a Health Care Operation without provision, in a clear and conspicuous manner, of an opportunity for the recipient to elect not to receive further fundraising communications in accordance with the HITECH Act and the Privacy Rule as of their respective compliance dates. Business Associate further agrees to comply with all applicable Law regarding the use of PHI for fundraising communications. ARTICLE 3 THE PLAN’S OBLIGATIONS 3.1 If applicable to the Plan under the Law, the Plan shall: 3.1.1 provide Business Associate a copy of its Notice of Privacy Practices produced by the Plan in accordance with 45 CFR 164.520 as well as any changes to such notice; 3.1.2 provide Business Associate with any changes in, or revocation of, authorizations by Individuals relating to the use and/or disclosure of PHI, if such changes affect Business Associate’s permitted or required uses and/or disclosures; Page 118 of 235 Page 10 of 13 3.1.3 notify Business Associate of any restriction to the use and/or disclosure of PHI to which the Plan has agreed in accordance with 45 CFR 164.522; 3.1.4 notify Business Associate of any amendment to PHI to which the Plan has agreed that affects a Designated Record Set maintained by Business Associate; and 3.1.5 if Business Associate maintains a Designated Record Set, provide Business Associate with a copy of its policies and procedures related to an Individual’s right to: access PHI; request an amendment to PHI; request confidential communications of PHI; or request an accounting of disclosures of PHI. ARTICLE 4 MUTUAL OBLIGATIONS 4.1 Confidential Information. Both Parties acknowledge that in the course of performing under this Agreement, each Party may learn or receive confidential, trade secret or other proprietary information (“Confidential Business Information”) concerning the other Party, or third parties to whom the other Party has an obligation of confidentiality. Each Party shall take all necessary steps to provide the maximum protection to the other Party’s Confidential Business Information and records. Each Party agrees to take at least such precautions to protect the other Party’s Confidential Business Information as it takes to protect its own Confidential Business Information, but shall in no instance less than a reasonable degree of care. Such information shall not be disclosed to third parties without the express written consent of the Party to whom the information belongs. The Parties shall not utilize any Confidential Business Information belonging to the other Party other than as expressly permitted by this Agreement or otherwise in writing. Each Party shall retain sole ownership of its own Confidential Business Information. 4.2 Electronic Transactions and Code Sets. Both Parties understand and agree that they are required to comply with the HIPAA Standards for Electronic Transactions, 45 CFR Parts 160 and 162 (HIPAA Electronic Transaction Law) as amended from time to time. The HIPAA Electronic Transaction Law requires Business Associate to conduct certain transactions as “standard transactions” using defined medical data code sets. Business Associate agrees that it will require its subcontractors, vendors, and independent contractors to comply with HIPAA Electronic Transaction Law as applicable. Business Associate agrees that it will not: 4.2.1 change the definition, data condition, or use of a data element or segment in a standard; 4.2.2 add any data elements or segments to the maximum defined data set; 4.2.3 use any code or data elements that are either marked “not used” or not included in the standard’s implementation specification(s); or 4.2.4 change the meaning or intent of the standard’s implementation specification(s). 4.3 Upon the enactment after the date of this Agreement of any Law or regulation affecting the use or disclosure of PHI, or the publication after the date of this Agreement of any decision of a court of the United States relating to any such Law, or the publication after the date of this Agreement of any interpretive policy or opinion of any governmental agency charged with the enforcement of any such Law or regulation, the Plan and Business Associate shall jointly agree to negotiate in good faith to amend this Agreement in such manner as necessary to comply with such Law or regulation. If the Plan and Business Associate cannot come to an Page 119 of 235 Page 11 of 13 agreement within thirty (30) calendar days following the initial amendment discussion between the Plan and Business Associate, this Agreement will terminate upon written notice to the other Party. ARTICLE 5 TERM AND TERMINATION 5.1 This Agreement will continue in full force and effect for as long as the EAP Agreement remains in full force and effect. This Agreement will terminate upon the cancellation, termination, expiration or other conclusion of the EAP Agreement. 5.2 Termination for Breach. Either Party may terminate this Agreement in the event of material breach by the other Party, upon thirty (30) days’ prior written notice, unless the breach is cured during the notice period 5.3 Effect of Termination. Upon termination of this Agreement for any reason, Business Associate agrees to return or destroy all PHI maintained by Business Associate in any form. If Business Associate determines that the return or destruction of PHI is not feasible, Business Associate shall inform the Plan in writing of the reason thereof, and shall agree to extend the protections of this Agreement to such PHI and limit further uses and disclosures of the PHI to those purposes that make the return or destruction of the PHI not feasible for so long as Business Associate retains the PHI. ARTICLE 6 MISCELLANEOUS 6.1 Rights of Proprietary Information. The Plan retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. 6.2 Survival. The respective rights and obligations of Business Associate with regard to the return of records to the Plan shall survive the termination of the Agreement. 6.3 Notices. Any notices pertaining to this Agreement shall be given in writing and shall be deemed duly given when personally delivered to a Party or a Party’s authorized representative at the respective address indicated herein or sent by means of a reputable overnight carrier or certified mail, return receipt requested, postage prepaid. A notice sent by certified mail shall be deemed given on the date of receipt or refusal of receipt. 6.4 Amendments. This Agreement may not be changed or modified in any manner except by an instrument in writing signed by a duly authorized officer of each of the Parties hereto. Amendments as determined by the Plan to be necessary to effect compliance with legislative, regulatory, or other legal authority do not require the consent of Business Associate and shall be effective immediately upon Business Associate’s receipt from the Plan of notice of amendment. 6.5 Choice of Law. This Agreement and the rights and the obligations of the Parties hereunder shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, without regard to applicable conflict of laws principles. 6.6 Assignment of Rights and Delegation of Duties. This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective successors and permitted assigns. However, neither Party may assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Notwithstanding any provisions to the contrary, however, the Plan retains the right to assign or delegate any Page 120 of 235 Page 12 of 13 of its rights or obligations hereunder to any of its wholly owned subsidiaries, affiliates, or successor companies. Assignments made in violation of this provision are null and void. 6.7 Nature of Agreement. Nothing in this Agreement shall be construed to create (i) a partnership, joint venture or other joint business relationship between the Parties or any of their affiliates, (ii) any fiduciary duty owed by one Party to another Party or any of its affiliates, or (iii) a relationship of Plan Sponsor and employee between the Parties. 6.8 No Waiver. Failure or delay on the part of either Party to exercise any right, power, privilege, or remedy hereunder shall not constitute a waiver thereof. No provision of this Agreement may be waived by either Party except by a writing signed by an authorized officer of the Party making the waiver. 6.9 Severability. The provisions of this Agreement shall be severable, and if any provision of this Agreement shall be held or declared to be illegal, invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect as though such illegal, invalid or unenforceable provision had not been contained herein. 6.10 No Third Party Beneficiaries. Nothing in this Agreement shall be considered or construed as conferring any right or benefit on a person not Party to this Agreement nor imposing any obligations on either Party hereto to persons not a Party to this Agreement. 6.11 Headings. The descriptive headings of the articles, sections, subsections, exhibits, and schedules of this Agreement are inserted for convenience only, do not constitute a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement. All pronouns and any variations thereof are deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the person or persons may require. 6.12 Entire Agreement. This Agreement, together with all the exhibits, riders and amendments, if applicable, which are fully completed and signed by authorized persons on behalf of both Parties from time to time while this Agreement is in effect, constitutes the entire Agreement between the Parties hereto with respect to the subject matter hereof and supersedes all previous or contemporaneous written or oral understandings, agreements, negotiations, commitments, and any other writing and communication by or between the Parties with respect to the subject matter hereof. In the event of any inconsistencies between any provisions of this Agreement in any provisions of the Exhibits or Riders, the provisions of this Agreement shall control. 6.13 Regulatory References. A citation in this Agreement to the Code of Federal Regulations means the cited section as that section may be amended from time to time. 6.14 Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits the Plan to comply with the HITECH Act. The provisions of this Agreement shall prevail over the provisions of any other agreement that exists between the Parties that may conflict with, or appear inconsistent with, any provision of this Agreement or the HITECH Act. Signature page follows Page 121 of 235 Page 13 of 13 Keystone Peer Review Organization, Inc.Plan Sponsor By:By: Name:Name: Title:Title: Date:Date: Page 122 of 235 CITY OF CRESTVIEW Item # 10.3. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Wayne Steele, Director of Operations, Jayce Vanderford, Project Manager DATE: 6/22/2023 SUBJECT: Twin Hills Gymnasium Roof Restoration and Renovations BACKGROUND: The gymnasium located at Twin Hills Parks was built in the 1970's and has served the community for over 50 years. Over time, the facility has progressively become worn and outdated and in need of major renovations to improve the overall function of the facility. City staff gathered data and produced a list of all the renovations required to restore the gymnasium to its proper operational standards. At the top of the list is the leaking roof, which was identified by staff as the top priority. DISCUSSION: City staff engaged with multiple roofing contractors for assessments and estimates. Tremco Roofing and Building Maintenance has provided a solution for addressing and repairing the roof leaks, with an added warranty. Based on Tremocos assessment findings, in lieu of replacing the roof with the same type of metal roof system, it is recommended to have the roof restored by seal coating the existing roof. The existing type of metal roof (Exposed Fastener Panel) is susceptible to leaking whether it is a new roof or an existing roof due to the fasteners penetrating the metal roof panels to attach to the structure. Restoring the roof with seal coating versus replacing it with the same type of metal roof system is currently a better waterproofing option, and more affordable financially. The restoration is expected to last 12-15 years once waterproofing is complete. The restoration provides a 12-year labor/material warranty. Following the roof restoration, City staff recommends, engaging with one of our engineering firms to design and deliver a set of biddable building restoration plans due to the large scope of needed building improvements and permit requirements. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Page 123 of 235 Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The roof restoration was quoted at $66,000 with a 12-year labor/material warranty by Tremco Roofing and Building Maintenance. Funding is available in the General and Administrative Contingencies account. (001.0311.511.95.00) RECOMMENDED ACTION Staff respectfully requests a motion to approve and proceed with the Twin Hills gymnasium roof restoration by Tremco Roofing and Building Maintenance and to engage with an engineering firm to provide biddable building restoration design plans. Attachments 1. Twin Hills Gymnasium Renovation Project Brief 2. Roof Restoration Quote Comparison 3. Tremco Roof Assessment Page 124 of 235 Page 125 of 235 Page 126 of 235 Page 127 of 235 Page 128 of 235 Page 129 of 235 Page 130 of 235 Page 131 of 235 Page 132 of 235 Page 133 of 235 Page 134 of 235 Page 135 of 235 Page 136 of 235 Page 137 of 235 Page 138 of 235 Page 139 of 235 Page 140 of 235 Page 141 of 235 Page 142 of 235 Page 143 of 235 Page 144 of 235 Page 145 of 235 Page 146 of 235 Page 147 of 235 Page 148 of 235 CITY OF CRESTVIEW Item # 10.4. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Dominique Vaughn, Executive Assistant DATE: 6/22/2023 SUBJECT: Interlocal Cooperative Agreement- Aquatic Facility BACKGROUND: The City of Niceville, with representatives of Okaloosa County, and support from area aquatic sports and training professionals, are pursuing the development of a state-of-the-art regional aquatic facility to serve the Okaloosa and Walton County regions. The plan is to solicit area support and endorsements for a facility based on the 2022 Feasibility Assessment commissioned by the City of Niceville. DISCUSSION: The Niceville City Mayor, Dan Henkel has requested the Crestview City Council acknowledge support of the development of an Aquatic Center in Niceville, Florida. The feasibility study conducted by the Niceville CRA with J. William “Bill” McCartney, PhD.; Community Development Planning Consultant, and the requested interlocal agreement are attached. The study found the project to be feasible and provided two potential locations. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City FINANCIAL IMPACT There is no financial impact to the city at this time. RECOMMENDED ACTION Staff respectfully requests the City Council acknowledge the support of the development of the aquatic facility and execute the interlocal agreement. Attachments 1. Aquatic Center Interlocal Agreement Page 149 of 235 208 North Partin Drive Niceville. Florida 32578 Lannie Corbin, CRA Director Dan Henkel, CRA Chairman Commissioner Sal Nodjomian Commissioner William Schaetzle Commissioner Cathy Alley Commissioner Carl Donahoo Commissioner Abner Williams Ammy Hanson, CRA Manager AN ASSESSMENT OF FACTORS TO DETERMINE THE FEASIBILITY OF ESTABLISHING AN AQUATIC CENTER COMPLEX IN THE CITY OF NICEVILLE, FLORIDA A Report to the Niceville Community Redevelopment Agency Prepared By: J. William “Bill” McCartney, PhD, Community Development Planning Consultant September, 2022 Page 150 of 235 TABLE OF CONTENTS ASSESSMENT OF FACTORS TO DETERMINE THE FEASIBILITY OF ESTABLISHING AN AQUATIC CENTER COMPLEX IN THE CITY OF NICEVILLE, FLORIDA I. Introduction 1 II. Identification of Need: Facility and Usership 3 A. Statewide Examples B. Local III. Major Factors for Consideration 8 A. Potential Sites B. Potential Ownership: City/Countywide Area C. Optimum Facility Configuration (Concepts 1 & 2) D. Costs and Potential Funding Sources E. Institutional Considerations: Ownership & Management IV. Summary of Recommendations 17 Appendix 1: Evaluation of Other Florida Facilities 19 Appendix 2: Potential Niceville Sites 21 Appendix 3: Florida Swimming LSC Areas 27 Appendix 4: USA Swimming Report 31 Appendix 5: Technical Resources 60 Page 151 of 235 ACKNOWLEDGEMENTS The preparation of this Assessment was strongly supported and enhanced through the willing assistance of dedicated Florida Aquatic Training and Competition professionals in Okaloosa County and throughout the State of Florida, and especially Niceville’s City Manager, Lannie Corbin, who authorized this assessment and Ammy Hanson who kept the wheels on. Specific thanks is expressed to those swimming professionals in Okaloosa County who offered considerable guidance in the development of this document. Much appreciation is expressed to the technical advisory committee including: Brian Haddad, Brad Kale, Kathi Heapy, Charlie Noonan, James Ward, and Cissy Wyninegar. Additionally, many Aquatic Professionals throughout the State of Florida provided time and knowledge to significantly enhance this report including: Jim Ponek and Marydale Moore – Panama City Beach; Ashley Edwards – City of Tallahassee; Jordan Gangi – Crystal River; Rebecca Rogers and Kevin Milak, FAST – Ocala; Gus Caldo and Katarina Filova, Planet Pool – Ponte Vedra. Lastly, let me acknowledge the five Staff Sisters who established Okaloosa County’s early swimming legacies. From the 1920s and 1930s, these young women won many Florida swimming competitions and, who later, taught countless Okaloosa County children how to swim, including this writer. Page 152 of 235 THE ASSESSMENT OF FACTORS TO DETERMINE THE FEASIBILITY OF ESTABLISHING AN AQUATIC CENTER IN THE CITY OF NICEVILLE, FLORIDA SEPTEMBER 2022 A Report to the Niceville Community Redevelopment Agency Commission (CRA) I INTRODUCTION Today, there are more college students from Okaloosa County on aquatic sports scholarships than on football scholarships! Yet, there are no adequate aquatic training or competition facilities within Okaloosa County and many local swimmers have to train in small public or motel pools with limited time availability. The purpose of this report is to assess and document the need and potential for the establishment of a significant Aquatic Center Complex in the City of Niceville, Florida. This report is intended to address and answer, to the extent possible, the following questions: 1. Is there a user base in Okaloosa County to support an Aquatic Center? 2. Are there available sites to locate an Aquatic Center? 3. Should an Aquatic Center serve only Niceville or the entire County? 4. What is the optimum size and scope of Aquatic Facilities based on projected usership? 5. What capital costs can be supported by potentially available revenues? 6. What are the range of ownership and management options for consideration? NOTE: This evaluation is not intended to be a Cost/Benefit Analysis for the following reasons: First, you cannot economically quantify the value of a child learning to swim; secondly, the value of area swimming competitions for local swimmers and their families; thirdly, the value of recreational membership opportunities for area children, families, and seniors; and finally, the economic impact to the County from hosting area-wide, Statewide, and Southeastern Aquatic swimming competitions and related events. 1 Page 153 of 235 During the course of this evaluation, the research team has visited eight sites, in communities basically similar to Niceville, and interviewed their management staffs to determine: their selection of facilities, their usership and programs, the ownership/management structure, and unique considerations for each Aquatic Center. A summary of each Center is presented on Appendix 1. Appendix 2 identifies six potential Niceville sites ranging in size from 3.4 to 11 acres. Five of the potential sites are within the Niceville CRA and the one site outside the CRA, but on property currently owned by the City of Niceville. Appendix 3 provides a listing of the major State of Florida swim teams, which compete throughout the State. Okaloosa County is in the Southeastern established region which also includes Alabama and Tennessee. Appendix 4 is the 2021 Membership Demographic Report with a listing of athlete, club and non- athletes in the USA Swimming organization. USA Swimming is the National Governing body for the sport of swimming. Appendix 5 lists the individuals and their affiliations who have provided information to develop this report and its recommendations. Moreover, all have committed to continue to assist in any way they can in the establishment of a Niceville Aquatic Center Complex. 2 Page 154 of 235 II IDENTIFICATION OF NEED During the course of this Assessment, the Aquatic Center evaluation team (team) has sent letters requesting Statements of Interest to over 50 Okaloosa County public officials and user groups to determine the current level of interest for an Aquatic Center in Niceville. Based on the responses from these letters, there has been limited positive response from the public officials, but an overwhelming response from potential user groups including members of Florida Swimming. (See Figure 1) Florida Swimming is an association of swim clubs with seven Florida sub-regions and over 100- member team locations for one or more teams based on age groupings. Niceville would fall within the Southeastern Local Swim Clubs (LSC) sub-region which also includes clubs in Alabama and Tennessee, (See Appendix 3). To obtain a general understanding of Florida Swimming Programs and insight to the facilities in similar sized communities as Niceville, the City’s team visited eight North and Central Florida Aquatic Centers to evaluate their applicability to serve as a model for a Niceville Aquatic Complex. These sites/communities include: Panama City Beach, Tallahassee, Crystal River/Inverness, Ocala, Ponte Vedra, Sanford, Cocoa Beach and Palm Bay. These observations and interviews have become fundamental in providing recommendations in later sections of this Report. To determine the locally identified need, as well as a facility configuration and uses, members of the local organized teams have been interviewed. These key members include: Brian Haddad, Brad Kale, Kathi Heapy, and Charlie Noonan. These local professionals see current Niceville Area needs and issues as: 3 Page 155 of 235 4 Page 156 of 235 1. There are no aquatic facilities in Okaloosa County which could host and or support major swimming and diving competitions and trainings which are found elsewhere throughout the State of Florida. 2. Training and competition site for Niceville High School and Ruckel Middle School and Coast Aquatics are: • Currently using the Bluewater Woodlands pool which is barely adequate and needs improvements. • A long course (50M) pool does not exist in Okaloosa County and is desperately needed in this area to provide training and competition site for local swimmers and future competitions. 3. No reliable indoor pool facility for swim lessons: • In Niceville, swimming lessons are currently only provided in the summer time at Bluewater Bay and that pool is subject to unreliable weather conditions and mechanical issues. The ability to offer lessons year -round would improve much needed water safety and basic swimming training throughout the area. 4. No local senior citizen aquatic fitness activities available: • The YMCA’S aquacize program in the shopping center was very popular and a larger program for the many seniors and retirees in Niceville area would be extremely popular and provide substantial benefit to participants. Several participants drive to FWB to participate. Others won’t make the drive and do without. UWF’s CLL Aquacize program at the BRLAC always sells out early. 5. No facility for lap swim for general public: • A surprisingly large number of people will use swimming in their fitness regimen. There are numerous triathletes and high-performance military personnel in this area who need a safe, supervised, and measured pool in which to train. Some 5 Page 157 of 235 people drive to Ft. Walton and Destin from as far as Crestview and Freeport to swim in the indoor pool. • Swim training is ideal for persons with many kinds of injuries and medical conditions because it provides movement, flexibility and cardiovascular exercise without undue stress on bones, joints, and other delicate areas. 6. Special needs persons without a facility: • Water activities are often very helpful for persons with physical, emotional, and mental handicaps. 7. No diving well (16’ deep) for 1M and 3M diving available for High School and College athletes in Okaloosa County: • Diving is a part of the FHSAA Swim and Dive teams and our local athletes have nowhere to learn, practice, or compete. • A Southeastern Regional Diving Facility could attract training and competitions from North Florida, Alabama, and Tennessee for both organized teams and individual divers. 8. Absence of a deep water diving well for SCUBA: • Civilian diving lessons provided by local instructors do not have any safe deep water to practice in. • Military dive training does not have any safe deep water to practice in. They are going into the bay and gulf or all the way to Panama City Beach for dive training and evaluations. • Law enforcement divers have no safe deep water to train in. 9. No reliable Lifeguard & First Responder testing and training: • Destin Fire Control District often has trucks at Destin pool so that firefighters can train during down times in their shifts. 6 Page 158 of 235 • No comprehensive and consistent water safety training exists for developing needed life guards. 10. Generally, the area is without a number of other potential aquatic programs and opportunities such as: • Varsity swimming program at NWFSC; high school water polo teams; Community storm shelter; swim team for Lewis School; host site for high school meets/districts/regionals; host site for collegiate winter/spring break training; outreach program to teach swimming water safety to disadvantaged persons (youth and adult); Community family swim time, senior citizen aquatic fitness. 11. A potential for Sports Tourism exists, including: • Hosting meets, including large, regional events, meets, tournaments • Off-campus training trips for collegiate and club teams • Host site for instructional camps and clinics for swimming, diving, water polo, and synchronized swimming • Visiting families are always looking for places for kids to train while they are on vacation • Snowbirds and temporary duty personnel want to continue the training they do at home All the above programs are revenue-generating opportunities: People and organizations will pay for pool time. Reasonably-priced pool rent and program fees will create loyal patrons and long-running programs that will keep the facility active and vibrant for year- round activities and for many years to come. 7 Page 159 of 235 III. KEY FACTORS FOR CONSIDERATION A. Potential Sites This research has determined that there are six adequate and possibly available properties to site and develop an Aquatic Center Complex in Niceville. The sites range in size from 3.4 acres to 10+ acres. Each site could accommodate a basic aquatic center. Five of the potential sites are within the CRA and one is outside the CRA, but on City owned property and is adjacent to Niceville High School and the Niceville Senior Center. The potential sites are shown as Figure 2. The sites identified for consideration as a potential location for a center include: 1. Wastewater Treatment Plant Site This site is currently owned jointly by the City of Niceville and the City of Valparaiso. The site is 9 acres in size and located in the CRA on State Road 85. The site is currently occupied by the Regional Sewer Plant which is scheduled for abandonment as Okaloosa County’s new wastewater facility comes on line to provide treatment and disposal for the City’s wastewater needs. NOTE: Specific site information is provided in Appendix 2. 2. Turkey Creek Park Site The City of Niceville owns an 8.5-acre site adjacent to Turkey Creek Park, (South) which was purchased with a State grant for recreational purposes. The site is large enough to accommodate a full-service Aquatic Center and is served by access via major roadways. The site, however, could be somewhat limited by possible adverse site soil conditions to support needed facilities. Detailed soil testing would be required. 8 Page 160 of 235 UV85 UV20 P l e w L a k e T r o u t L a k e UV85 UV85HWY 85 N COLLEGE BLVD E JOHN SIMS PKWY E P A R TIN D R N COLLEGE BLVD W P A R TIN D R S JOHN SIMS PKWY W JOHN SIMS PKWY E JOHN SIMS PKWY W HWY 85 N JOHN SIMS PKWY W COOK ST C O L U M B U S S T T O M B R O W N R D HIC K O R Y A V E FIR AVE CEDAR AVE N DEER ST NICEVILLE AVE DAVIS DR PALM BLVD N B A Y S H O R E D R HART ST 37TH ST 3RD ST PARK AVE 46TH ST 47TH ST 48TH ST FLORIDA ST 2ND ST 32ND ST P O W E LL D R E V A N S S T HICKORY AVE 1ST ST 4TH ST C Y P R E S S D R COOK ST C R E S T VIE W A V E HELMS ST EVERGREEN AVE JE FF E R S O N S T LEWIS ST ELM STEDGE AVE JONES AVE E A R L Y S T CAMPBELL DR F A L C O N T R L G A R D E N L N NATHEY AVE COLLEGE CV AZALEA DR PARK AVE E DUKE DR MARC SMITH BLVD MCKINLEY ST GINKGO AVE PALMETTO AVE CEDAR RIDGE WAY CEDAR AVE S S P E N C E C I R PEACHTREE WAY JU NIP E R A V E BALSAM DR POPLAR PL ALDERWOOD WAY SPRINGWOOD WAY WALTON AVE J U N I P E R S T 45TH ST ELLIS AVE FRIAR TUCK DR B I G O A K S L N ALAN A DALE DR MCKINNEY ST BOWDOIN CT LINCOLNSHIRE DR SEMINOLE CIR VAT ST ELDERBERRY LN ARMSTRONG AVE DARTMOUTH WAY REGATTA DR M O N R O E S T COUNTRY CLUB DR ARROWHEAD WAY TWIN CITIES BLVD CHERRYWOOD CT SUMMERWOOD CT GRAND OAK DR C O O L W A T E R L N REYNOLDS AVE N MCKINNEY ST 32ND ST NATHEY AVE PALM BLVD N CEDAR AVE N HELMS ST ELM ST MCKINLEY ST 4 City of Niceville Map Prepared byNiceville GISMay 9, 2022 Niceville CommunityAquatic CenterPotential Sites Legend Potential Sites Eglin AFB Turkey Creek Park 8 Acres Ruckel Properties Okaloosa County School Board Niceville Skate Park Current Wastewater Treatment Plant Parcels 0 410 820205 Feet 9 Page 161 of 235 3. Okaloosa School Board Site Potential Site 3 is owned and managed by the Okaloosa County School District. The site is located on State Road 85 and within the CRA. The site has served as a recreation facility (originally for Niceville High School) and is not extensively used. The current consideration would be to use approximately 50% of the site. Ideally, as discussed later, the Okaloosa School Board could be a partner in the development of an aquatic center on this site. 4. Ruckel Property Site Currently owned by Ruckel Properties, this 7-acre site is ideally located within the CRA and has access to SR 85 and College Blvd. The site, all or part, would have to be acquired from the current owners. However, Ruckel Properties, over the past several years, has been very supportive in providing properties, at reasonable prices, for the enhancement of public use facilities in Niceville. 5. Eglin SR 85 Site This Assessment has identified a 5-acre site in the CRA on Highway SR 85 currently owned by Eglin AFB. At this time, the site does not seem to contribute to the mission of the U.S. Air Forc e at Eglin, and could, potentially, be made available for the public development of an Aquatic Center Complex which would also serve the many Air Force personnel (active and retired) and their families living in the area. 6. Niceville Skate Park Site The final site evaluated is not currently in the CRA but currently in City ownership. The site is 3.4 acres and is the site of the infrequently used City Skateboard Park. The site does have some very significant advantages for an aquatic center including: located just off SR 10 Page 162 of 235 285, adjacent to the Niceville Senior Center, and across Partin Drive from Niceville High School. NOTE: As provided later in the Assessment, the Recommendation Section will provide for a City of Niceville stand-alone Aquatic Facility, and for a Multi-Purpose, Multi- membership / Ownership Major Aquatic Center Facility. The former Skate Board site would be ideal for a City only facility and could accommodate a state-of-the-art new facility similar to Planet Pools in Ponte Vedra, Florida. The treatment plant sire, ideal for a larger facility. B. Potential Ownership: City/Countywide Other fundamental considerations in the development of an Aquatic Center Complex are: 1. The Ownership and 2. The Management. To initiate this Assessment, the Niceville CRA sent a letter requesting Statements of Interest to all Okaloosa City, County, and School Board officials, and to identified aquatic facility user groups, (Letter of Interest Figure 1). The response from this request was, at best, limited from the public officials, but overwhelming from the aquatic professionals or would be users. Swimming competitions and training is a major collective industry in Florida, but has had limited public agency support in Northwest Florida. Throughout the State, many aquatic centers are owned and managed by multi-membership groups including cities, counties, and public schools. There are also a number of not-for-profit (YMCA type) facilities and several new private facilities (Planet Pools in Ponte Vedra and FAST (a new $38,000,000 facility in Ocala). 11 Page 163 of 235 The purpose of this section is to present two options for consideration: Option 1: A comprehensive multi-member aquatic center complex including facilities for: swim team competition, teaching/training, diving (above and below surface), public recreation, and fitness. This facility, although located centrally in Niceville, would serve the entire County including the cities, the unincorporated county, the School District, and perhaps Northwest Florida State College and the military from facilities in Okaloosa County. A multi -member, multi-purpose state of the art facility could elevate Okaloosa County as a major aquatic competition and training delivery system within the State of Florida. Option 2: A Niceville, only, facility, while scaled down in size and scope, also appears to be feasible given a range of user base and financial considerations. For example, a complex similar to the private Planet Pools in Ponte Vedra could be sited on City-owned property and supported by City and Countywide aquatic memberships and eligible for substantial available external funding for initial capital costs. Based on personal interviews during this assessment, it is clear that supporting, paying memberships could also be available from user groups in Destin, Ft. Walton, Mary Esther, Valparaiso and Crestview. C. Optimum Aquatic Center Facility Configurations During the process for preparing this Assessment, the research has visited eight Niceville area size facilities in Florida and has interviewed over 40 knowledgeable aquatic facility professionals. Moreover, a select local aquatic resource committee has been established and has met regularly during this process. These key members include: 1. Brain Haddad: Southeastern Swimming, Inc. 2. Brad Kale: Coast Aquatics 3. Kathi Heapy: Emerald Coast Fitness Foundation, Inc. 4. Charles Noonan: Emerald Coast Fitness Foundation, Inc. 5. James G. Ward: Emerald Coast Swimming Board 12 Page 164 of 235 6. Cissy Bass Wyninegar: Staff Swimming Family As a result of interviews and committee participation, the following facilitie s would be optimum in a Countywide facility: • 50-meter x 25 yd. eight lane competition pool, 8’ depth, outdoor heated, Myrtha designed pool. • A flexible pool which could be enclosed of 25-meter x 25 yd.as a heated training pool. • A zero entry to 4-foot splash pool with splash pad. • An adjacent 12’ – 16’ deep diving, surface and sub-surface, well. • Large decks with abundant shade including spectator bleachers. • A building to house administration, training, locker rooms with individual showers, lounge, and snack bar. • Parking for both cars and busses. Given the optimum facilities identified above, a Niceville only center would need to be similar but scaled down to: • Two pools, a 50M outdoor pool, a 25M covered pool and diving facilities. • Smaller decks, buildings, and other facilities. In the research for this report, two visited Florida facilities would serve well as models for the requirements for a Niceville only facility which are Planet Swim in Ponte Vedra, and the Crystal River/Inverness Cities Memorial Health Foundation YMCA facility. Both can accommodate competition and training and both are more compact to serve a somewhat smaller usership base. D. Costs and Potential Funding Sources 13 Page 165 of 235 As with almost all public facilities, there are two definable costs and, usually, two supporting revenue sources which are: Capital design and construction costs, and upon completion, Operation and Maintenance costs. Usually there are two individual revenue structures to support the Capital and the O&M costs. Additionally, it is premature to determine capital costs owing to the number of variables which collectively will determine those costs. Costs will be determined by: • Size and number of individual facilities, pools, etc. • The availability of new or used facilities. Both Planet Pools and FAST, Florida purchased used Myrtha Pools. • The cost of property and site improvements • The level of technology employed in the design • Indoor/outdoor/heated/cooled • Facility add on: diving, splash, event seating, play features, meeting facilities For example: The range of capital costs for those centers visited in this Assessment range from $38 million for the new FAST Center in Ocala to the $6 million Planet Swim, including property costs, in Ponte Vedra. Based on user interviews, it is estimated that a Countywide Aquatic Center could be developed for approximately $15 to $20 million while a Niceville only facility would range from $6 to $8 million, not including site costs. Operating and Maintenance Costs: In all eight facilities evaluated for this report, all currently have membership, user, and event revenues which cover O & M expenses. 14 Page 166 of 235 For example, The Trousdell Aquatic Center in Tallahassee, a typical public facility, has been slightly over (4%) and somewhat under (22%) of its $500,000 budget in the last two years. It is apparent that most Florida facilities pay their way to support O&M costs. Currently, the locally organized Okaloosa County swimming user membership revenues are approximately $750,000 annually and are projected to perhaps double to $1.5 million with a larger facility to support a greater user base and additional programs. Capital Cost Funding Sources: There are a number of external sources and supporting revenues from institutions which could be targeted to provide the capital costs of a Countywide or a stand-alone Niceville Aquatic Center. Assessing and targeting the availability of these potential funds will be determined by the nature and extent of the Okaloosa County and City of Niceville’s acceptance of this Assessment. At this point in the evaluation, it appears that the following could be targeted for funding support: • A Multi-Membership facility supported jointly by City, County governments, the School Board to develop a joint complex and could support a development loan repayment over five to eight years. • Provide for the Okaloosa County cities to apply all or part of their recently authorized Okaloosa Tourist Development Council (TDC) revenues to develop the center to attract out of county participation in swimming competitions and special aquatic events. • Aggressively pursue grant funding, for all or part, from Triumph Gulf Coast, the Florida Legislature, the National Infrastructure Grant Initiative, or through available private grants and donations. For example, Triumph Gulf Coast should look favorably on a joint application submitted by five or six Okaloosa municipal governments, the Okaloosa County Board of Commissions and the Okaloosa County School District for 15 Page 167 of 235 a major Triumph Grant. Documentation would need to be provided to establish the facility’s economic impact and the creation of long-term jobs. Many existing aquatic facilities can provide examples to support this concept. • Site and construct a facility to be leased to a 501c(3) or other not -for-profit organizations and recover costs through annual lease payments. • Okaloosa County under its authority to create Dependent Special Districts create an aquatic safety and training district, appoint a governing board and allow the board to issue bonds for the development of a Countywide Aquatic Center and related memberships. • Other examples will be identified as the process of choosing a final option are established after the release of this Assessment. E. Institutional Considerations: Ownership/Management As noted above, the configuration of and management for a new aquatic center will be a negotiated issue after the release of this report. Okaloosa County, Okaloosa School District, Okaloosa County’s Chartered Municipalities, Aquatic User Groups, and perhaps others will review the information presented in this Assessment and establish their individual positions of need. Subsequently, through a series of meetings, individual needs assessments, the availability of funds, and operating and maintenance considerations, a clear position reflecting community interests can be established. Then, activities initiated to move forward with a full-service Aquatic Center Complex serving Niceville, and Okaloosa County needs for aquatic training and statewide competitions or a Niceville only facility. 16 Page 168 of 235 IV SUMMARY AND CONCLUSIONS Given the preceding pages and the research and interviews conducted for this Assessment, it can be stated that: There is an identified need for “AN AQUATIC CENTER COMPLEX IN OKALOOSA COUNTY, AND ITS DEVELOPMENT IS FEASIBLE”. The documentation herein establishes: A. An identified user-based need for an aquatic center; B. Six potential sites available for an aquatic center; C. The optimum configuration for an aquatic center; D. Potential funding options for an aquatic center; and E. Two institutional configurations for the establishment of a center in Okaloosa County are the two basic options for an Aquatic Center, including: • A Multi—Member Countywide facility located in Niceville, or • A Niceville area only Aquatic Center. In consideration of the two options above, the ideal location for a Countywide center would be the redevelopment of an Aquatic Center Complex on the to be decommissioned Regional Wastewater Treatment Plant site on State Road 85 North. The second option for a Niceville only facility would be to repurpose the old skateboard park into a smaller facility similar to the Citrus County YMCA or the Planet Pools facility in Ponte Vedra. Other advantages for this site are: City owned property, adequate parking, adjacent to the Niceville High School, adjacent to the Niceville Senior Center, adjacent to public safety facilities, and would require little site work prior to construction. In closing, the following implementation recommendations are provided: 17 Page 169 of 235 1. The Niceville CRA establish dialogs with all County governmental units to evaluate the level of their interest and support in a multi-member partnership; 2. The CRA establish an Aquatic Center Implementation Working Group; 3. The CRA staff and consultants begin a strategy and application process for obtaining external funding for construction; 4. The CRA conduct a public workshop on the establishment of an Aquatic Center and request presentations from local user groups and established Aquatic Center managers statewide; and 5. The City of Niceville and/or CRA provide funds in its FY 2022-2023 Operating Budget to support a revenue plan for the establishment of an Aquatic Center. 18 Page 170 of 235 Appendix 1 EVALUATION OF FLORIDA AQUATIC FACILITIES Frank Brown Park Aquatic Center, Panama City Beach City of Tallahassee Trousdell Aquatic Center Crystal River / Inverness YMCA Aquatic Center Cocoa Beach/Brevard County Aquatic Center Sanford/Seminole County Aquatic Center Palm Bay/Broward County Aquatic Center 19 Page 171 of 235 Appendix 1 EVALUATION OF FLORIDA AQUATIC FACILITIES PLANET SWIM POOLS, PONTE VEDRA FL FAST (FLORIDA AQUATIC SWIMMING TRAINING), OCALA, FL 20 Page 172 of 235 HWY 85 N HART ST NICEVILLE AVE A R R O W H E A D W A Y 4 Map Prepared byNiceville GIS May 9, 2022 POTENTIA L SITES NICEVILLE COMMUNITY AQUATIC CENTER SITE NAME AND LOCATION:W astewater Tre atme nt Plant SITE AREA:9 Acres SITE OWNERSHIP:City of Nice ville OCPA SITE VALUE:$8,287,915 SITE LIMITATIONS:Existing Facilty 21 Page 173 of 235 SR-20 SchoolBoard FCT #18-001-FF19 E V A N S S T P A L M E T T O A V E HWY 85 N C O O L W A T E R L N E A R L Y S T JOHN SIMS PKWY W N I C E V I L L E A V E 4 Map Prepared byNiceville GIS May 9, 2022 POTENTIAL SITES NICEVILLE COMMUNITY AQUATIC CENTER SITE NAME AND LOCATION:Turke y Cre ek Park 8 Acres SITE AREA:8.57 Acre s SITE OWNERSHIP:City of Niceville OCPA SITE VALUE:$341,519 SITE LIMITATIONS:W etlands 22 Page 174 of 235 FAIRWAY DR NATHEY AVE ARROWHEAD WAY HWY 85 N 4 Map Prepared byNiceville GIS May 9, 2022 POTENTIAL SITES NICEVILLE COMMUNITY AQUATIC CENTER SITE NAME AND LOCATION:Okaloosa County School Board SITE AREA:3 Acres SITE OW NERSHIP:Okaloosa County School Board OCPA SITE VALUE:$270,372.50 SITE LIMITATIONS:School District Authority 23 Page 175 of 235 HWY 85 N TWIN CITIES BLVD COLLEGE BLVD E COLLEGE BLVD W 4 Map Prepared byNiceville GIS May 9, 2022 POTENTIAL SITES NICEVILLE COMMUNITY AQUATIC CENTER SITE NAME AND LOCATION:Ruckel Site SITE AREA:7 Acre s SITE OWNERSHIP:Rucke l Propertie s OCPA SITE VALUE:$312,564.58 SITE LIMITATIONS:Purchase 24 Page 176 of 235 N I C E V I L L E A V E HWY 85 N TWIN CITIES BLVD 4 Map Prepared byNiceville GIS May 9, 2022 POTENTIAL SITES NICEVILLE COMMUNITY AQUATIC CENTER SITE NAME AND LOCATION:Eglin Air Force Base SITE AREA:5 Acres SITE OW NERSHIP:United States Air Force OCPA SITE VALUE:$87,806.82 SITE LIMITATIONS:US Air Force Authorization 25 Page 177 of 235 C R E S T V I E W A V E PALM BLVD N CAMPBELL DR 4 Map Prepared byNiceville GIS May 9, 2022 POTENTIAL SITES NICEVILLE COMMUNITY AQUATIC CENTER SITE NAME AND LOCATION:Nice ville Skate Park SITE AREA:3.4 Acres SITE OWNERSHIP:City of Niceville OCPA SITE VALUE:$433,168.16 SITE LIMITATIONS:Existing Structure 26 Page 178 of 235 27 Page 179 of 235 28 Page 180 of 235 29 Page 181 of 235 30 Page 182 of 235 2021 Membership Demographics Report MIKE LEWIS / USA SWIMMING 31 Page 183 of 235 What is USA Swimming ..........................................................................................................................................2 Local Swimming Committees Map ........................................................................................................................3 Membership History ..............................................................................................................................................4 Categories of Athlete, Club and Non-athlete Memberships .................................................................................5 Premium and Outreach Athlete Membership .......................................................................................................7 Premium and Outreach Athlete Membership by LSC ....................................................................................8 News/Renews by Age Groups ......................................................................................................................10 Retention Rate ..............................................................................................................................................11 Outreach Membership .................................................................................................................................12 Athlete Members with a Disability ...............................................................................................................14 Ethnicity ........................................................................................................................................................16 Flex Athlete Membership ....................................................................................................................................18 Flex Athlete Membership by LSC ..................................................................................................................18 News/Renews by Age Groups ......................................................................................................................20 Flex Members with a Disability ....................................................................................................................22 Ethnicity ........................................................................................................................................................24 Seasonal Athlete Membership ............................................................................................................................27 Season 1 Athlete Membership by LSC .........................................................................................................28 Season 2 Athlete Membership by LSC .........................................................................................................29 Individual Season Athlete Membership by LSC............................................................................................29 Season 1 News/Renews by Age Groups .......................................................................................................30 Season 2 News/Renews by Age Groups .......................................................................................................31 Individual Season Athlete News/Renews by Age Groups ............................................................................32 Combined Seasonal Athlete News/Renews by Age Groups ........................................................................33 (Includes Season 1, Season 2 and Individual Season) Athlete Members with a Disability ...............................................................................................................34 Ethnicity ........................................................................................................................................................36 Single-Meet Open Water Athlete Membership ..................................................................................................38 Single-Meet Open Water Athlete Membership by LSC ...............................................................................38 News/Renews by Age Groups ......................................................................................................................39 Athlete Members with a Disability ...............................................................................................................39 Ethnicity ........................................................................................................................................................40 Year-round Club Membership .............................................................................................................................41 Year-round Club Membership by LSC ...........................................................................................................41 Count of Clubs by Number of Year-round Athletes .....................................................................................42 Seasonal Club Membership .................................................................................................................................43 Season 1 Club Membership by LSC ..............................................................................................................43 Season 2 Club Membership by LSC ..............................................................................................................43 Non-athlete Membership ....................................................................................................................................44 Non-athlete Membership by LSC .................................................................................................................45 Coaches and Officials....................................................................................................................................47 Other .............................................................................................................................................................49 Ethnicity ........................................................................................................................................................50 Allied Membership ...............................................................................................................................................52 Affiliate Membership ...........................................................................................................................................52 Table of Contents This report has been prepared by Member Services staff based on registration data for the 2021 membership year (September 1, 2020 through December 31, 2021). Questions about this report should be addressed to Member Services staff at USA Swimming Headquarters: 719-866-4578, membership@usaswimming.org. February 2022 USA SWIMMING 2020 MEMBERSHIP DEMOGRAPHICS REPORT 32 Page 184 of 235 2 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2020 MEMBERSHIP DEMOGRAPHICS REPORT | 3 MISSION STATEMENT USA Swimming is the National Governing Body for the sport of swimming. We administer com- petitive swimming in accordance with the Olympic & Amateur Sports Act. We provide programs and services for our members, supporters, affiliates and the interested public. We value these members of the swimming community and the staff and volunteers who serve them. We are committed to excellence and the improvement of our sport. We are committed to providing a safe and positive environment for all members. OUR END GOALS USA Swimming exists for the growth and success of swimming in the United States. Members, volunteers and staff throughout the organization optimize available resources to ensure: • Competitive Success at the Olympic Games and Other International Competitions • Sustained Success for Athletes, Coaches and Clubs • Public Engagement and Growth in Swimming Through Participation and Interest • Recognition of USA Swimming as Best in Class NGB VISION STATEMENT To inspire and enable our members to achieve excellence in the sport of swimming and in life. What is USA Swimming? LOCAL SWIMMING COMMITTEES AND ZONES 2,784 CLUB MEMBERS 2021 IN REVIEW FAST FACTS 54.6% Female vs.vs.vs. ATHLETES:45.4% Male 50.7% Female 49.3% Male COACHES:46.9% Female 53.1% Male OFFICIALS: SOUTH TEXAS WEST TEXAS NORTH TEXAS LOUISIANAGULF BO R D E R MISSISSIPPI GEORGIA FLORIDA KENTUCKY SOUTHCAROLINA NORTH CAROLINA FLORIDAGOLDCOAST SOU T H E A S T E R N WESTVIRGINIA VIRGINIA MARYLAND POTOMAC VALLEY MIDDLEATLANTIC AL L E G H E N Y MO U N TAIN NIAGARA A D I R O N D A C K NEWENGLAND MAINE NEW JERSEY METROPOLITAN CONNECTICUT ALASKA HAWAIIAN LAKE ERIE INDIANA MICHIGAN WISCONSIN ILLINOIS MINNESOTA NORTH DAKOTA IOWA SOUTH DAKOTA MIDWESTERN MISSOURI VALLEY OZARK ARKANSAS OKLAHOMA MONTANA WYOMING COLORADO NEW MEXICOARIZONA UTAH SOUTHERNCALIFORNIA SAN DIEGO-IMPERIAL CENTRAL CALIFORNIA SIERRA NEVADA P A C I F I C SNAKE RIVER OREGON INLAND EMPIRE PACIFIC NORTHWEST OHIO BOUNDARY LINES ZONE LSC STATE EASTERN ZONES CENTRAL SOUTHERN WESTERN MAP KEY 331,20612 $18,737,852 TOTAL MEMBERSHIP REVENUEAVERAGE AGE OF AN ATHLETE MEMBER INDIVIDUAL MEMBERS MIKE LEWIS / USA SWIMMING 33 Page 185 of 235 4 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2019 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2020 MEMBERSHIP DEMOGRAPHICS REPORT * Year-round athlete membership has increased 4-12% in the post-Olympic years. MEMBERSHIP HISTORY 1986 - 2021 TOTAL INDIVIDUAL MEMBERS 1986 - 2021 50,000 19 8 7 19 8 6 19 8 8 19 8 9 19 9 0 19 9 1 19 9 2 19 9 3 19 9 4 19 9 6 19 9 5 19 9 7 19 9 8 19 9 9 20 0 0 20 0 1 20 0 2 20 0 3 20 0 5 20 0 4 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 4 20 1 3 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 20 2 0 20 2 1 Athlete, Club and Non-athlete Memberships YEAR PREMIUM/ OUTREACH ATHLETE INC/DEC FLEX ATHLETE INC/DEC SEASONAL ATHLETE INC/DEC SINGLE-MEET OPEN WATER ATHLETE INC/DEC YEAR-ROUND CLUB/ORG INC/DEC SEASONAL CLUB INC/DEC NON-ATHLETE INC/DEC TOTAL INDIVIDUAL MEMBERS INC/DEC 2021 238,033 -19.05%44,255 69.30%13,763 127.79%27 -15.63%2,694 -9.29%90 45.16%35,150 -4.57%331,228 -0.09 2020 294,047 -10.2%26,140 3.8%6,042 -67.7%32 78.8%2,970 -2.1%62 -44.1%36,832 -8.5%363,093 -11.8% 2019 327,337 -5.6%25,183 18,728 -24.4%151 -21.8%3,033 0%111 -5.9%40,273 1.6%411,672 0.1% 2018 346,735 -2.2%24,759 -1.7%193 -59.0%3,034 0.1%118 -7.8%39,637 1.2%411,324 -1.9% 2017*354,627 5.5%25,175 5.5%471 44.5%3,030 0.6%128 -0.8%39,154 2.0%419,427 5.2% 2016 336,026 -0.3%23,858 -5.8%326 -8.4%3,011 1.2%129 -9.8%38,375 2.6%398,585 -0.4% 2015 337,084 -0.8%25,326 -8.5%356 12.7%2,975 0.2%143 13.5%37,399 2.4%400,165 -1.1% 2014 339,903 -0.2%27,683 -6.3%316 -6.2%2,970 1.9%126 0%36,521 5.9%404,423 -0.1% 2013*340,568 13.2%29,555 -1.7%337 127.7%2,915 1.1%126 0.8%34,480 7.7%404,940 11.5% 2012 300,884 3.3%30,074 -0.2%148 -12.9%2,884 2.8%125 4.2%32,013 2.8%363,119 3.0% 2011 291,182 1.5%30,133 -8.8%170 -60.5%2,805 2.0%120 5.3%31,154 2.0%352,639 0.5% 2010 286,900 0.3%33,027 -5.3%430 68.0%2,750 2.6%114 4.6%30,554 3.4%350,911 0.0% 2009*286,147 11.3%34,866 3.5%256 41.4%2,681 -0.7%109 -10.7%29,557 3.9%350,826 9.8% 2008 257,180 2.2%33,672 -4.8%181 -8.1%2,701 0.3%122 1.6%28,447 -0.9%319,480 1.2% 2007 251,547 0.9%35,388 0.4%197 109.6%2,692 -0.7%120 26.3%28,695 1.0%315,827 0.9% 2006 249,326 0.1%35,253 -2.7%94 32.4%2,712 -0.4%95 -11.2%28,416 2.0%313,089 -0.1% 2005*249,182 7.3%36,249 -2.0%71 2,724 -0.4%107 -6.1%27,847 2.0%313,349 5.6% 2004 232,361 -1.1%36,970 -0.6%0 2,736 -3.5%114 7.5%27,314 -1.2%296,645 -1.1% 2003 235,013 3.0%37,176 -2.1%0 2,834 4.0%106 -9.4%27,652 5.1%299,841 2.5% 2002 228,216 -1.7%37,978 0.7%0 2,724 -2.1%117 2.6%26,322 0.7%292,516 -1.2% 2001*232,253 4.9%37,715 -3.8%0 2,783 1.0%114 -3.4%26,151 1.6%296,119 3.4% 2000 221,352 1.9%39,223 5.3%0 2,755 0.1%118 -5.6%25,732 -0.5%286,307 2.1% 1999 217,325 1.5%37,237 -8.1%0 2,753 0.4%125 -3.1%25,852 -2.2%280,414 -0.3% 1998 214,206 1.2%40,518 2.5%0 2,765 2.7%129 12.2%26,426 1.7%281,150 1.4% 1997*211,728 8.1%39,525 -1.9%0 2,692 2.8%115 -18.4%25,973 4.8%277,226 6.2% 1996 195,853 2.1%40,300 16.1%0 2,618 0.2%141 11.0%24,788 0.2%260,941 3.8% 1995 191,855 0.7%34,703 -4.3%0 2,612 2.2%127 42.6%24,740 2.6%251,298 0.1% 1994 190,559 1.0%36,251 5.8%0 2,556 -0.6%89 24,124 -0.2%250,934 1.6% 1993*188,647 10.1%34,262 2.9%0 2,571 4.8%0 24,167 11.2%247,076 9.1% 1992 171,346 3.5%33,309 28.8%0 2,453 0.7%0 21,726 3.3%226,381 6.5% 1991 165,622 2.3%25,867 9.7%0 2,435 2.4%0 21,040 5.8%212,529 3.5% 1990 161,885 2.0%23,579 13.5%0 2,379 -2.0%0 19,885 -0.7%205,349 2.9% 1989*158,681 3.8%20,768 14.9%0 2,428 0.2%0 20,020 2.7%199,469 4.7% 1988 152,937 -3.8%18,077 30.0%0 2,422 -2.6%0 19,468 2.6%190,482 -0.7% 1987 159,039 -6.3%13,905 0 2,487 -4.0%0 18,972 11.0%191,916 2.8% 1986 169,676 0 0 2,590 0 17,085 186,761 ATHLETE MEMBERSHIP PREMIUM* ATHLETE – Premium athlete membership is for a calendar year period (January – December). New athlete mem- berships processed on or after September 1 are valid through December 31 of the following year. USA Swimming’s fee for registration year 2021 – $64.00. *Formerly known as Year-Round FLEX ATHLETE – Flex athlete membership is for a calendar year period (January – December). New memberships processed on or after September 1 are valid through December 31 of the following year. USA Swimming’s fee for registration year 2021 - $10.00. Flex athletes are limited to two (2) sanctioned meets (below Zone, Sectional and National levels) per registration year. OUTREACH ATHLETE – Outreach membership is a year-round athlete membership with reduced fee and is offered to under- represented and/or economically disadvantaged youth. Mem- bership is for a calendar year period (January – December). New memberships processed on or after September 1 are valid through December 31 of the following year. USA Swimming’s fee for registration year 2021 – $5.00. SEASONAL ATHLETE – At the option of the Local Swimming Committee (LSC), seasonal athlete membership may be offered for one or two periods of not more than 150 days per period (Note: Athlete is only eligible for one seasonal membership per registration year). The beginning and ending dates of each sea- sonal period is determined by the LSC. In addition, and at the option of the LSC, individual season ath- lete membership may be offered for an unspecified but continu- ous period of not more than 150 days commencing on the date of registration. (Note: Athlete is only eligible for one individual season membership per registration year). Seasonal athletes may compete in USA Swimming competitions below the Zone Championship level. USA Swimming’s fee for registration year 2021 – $30.00. SINGLE-MEET OPEN WATER ATHLETE – At the option of the LSC, membership may be offered for a period of three (3) days of the specific date(s) of an open water competition(s). The athlete must compete unattached. Single-meet open water athletes may com- pete in USA Swimming competitions below the Zone Champion- ship level. USA Swimming’s fee for registration year 2021 – $10.00. CLUB MEMBERSHIP YEAR-ROUND CLUB – Year-round club membership is for a calendar year period (January – December). New club mem- berships processed on or after September 1 are valid through December 31 of the following year. USA Swimming’s fee for registration year 2021 – $70.00. SEASONAL CLUB – At the option of the LSC, seasonal club mem- bership may be offered for one or two periods of not more than 150 days per period. The beginning and ending dates of each seasonal period is determined by the LSC. Seasonal clubs may compete in USA Swimming competitions below the Zone Championship level. USA Swimming’s fee for registration year 2021 – $40.00. NON-ATHLETE MEMBERSHIP Non-athlete membership is for a calendar year period (January – December). New non-athlete memberships processed on or after September 1 are valid through December 31 of the following year. Non-athlete members are coaches, officials, board members, par- ents and other individuals who do not swim. USA Swimming’s fees for registration year 2021 – Individual: $64.00; Life: $1,000.00. USA SWIMMING 2020 MEMBERSHIP DEMOGRAPHICS REPORT | 5 34 Page 186 of 235 6 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 7 USA SWIMMING 2019 MEMBERSHIP DEMOGRAPHICS REPORT LOCAL SWIMMING COMMITTEE (LSC) ZONES ATHLETE, CLUB AND NON-ATHLETE MEMBERSHIPS CENTRAL EASTERN WESTERN SOUTHERN AR - Arkansas AD - Adirondack AK - Alaska BD - Border IA - Iowa AM - Allegheny Mountain AZ - Arizona FG - Florida Gold Coast IL - Illinois CT - Connecticut CA - Southern California FL - Florida IN - Indiana MA - Middle Atlantic CC - Central California GA - Georgia LE - Lake Erie MD - Maryland CO - Colorado GU - Gulf MI - Michigan ME - Maine HI - Hawaiian KY - Kentucky MN - Minnesota MR - Metropolitan IE - Inland Empire LA - Louisiana MV - Missouri Valley NE - New England MT - Montana MS - Mississippi MW - Midwestern NI - Niagara NM - New Mexico NC - North Carolina ND - North Dakota NJ - New Jersey OR - Oregon NT - North Texas OH - Ohio PV - Potomac Valley PC - Pacific SC - South Carolina OK - Oklahoma VA - Virginia PN - Pacific Northwest SE - Southeastern OZ - Ozark SI - San Diego-Imperial ST - South Texas SD - South Dakota SN - Sierra Nevada WT - West Texas WI - Wisconsin SR - Snake River WV - West Virginia US - USA Swimming UT - Utah WY - Wyoming All Premium athletes join USA Swimming through their Local Swimming Committee (LSC), one of 59 local organizations responsible for administering USA Swimming activities in a defined geographical area. Within each LSC, a designated Registration/Membership Chair is responsible for providing athlete registration information and applications to all interested individuals. Premium athlete membership is for a calendar year period (January - December). New athlete memberships processed on or after September 1 are valid through December 31 of the following year. Premium athlete membership provides liability and secondary accident medical insurance coverage, plus complimentary issues of Splash, the official USA Swimming magazine. Premium and Outreach Athlete Membership MIKE LEWIS / USA SWIMMING 35 Page 187 of 235 8 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 9 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP 2020 VS. 2021 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP 2020 VS. 2021 LSC CODE LSC NAME 2020 2021 INC./DEC. AD ADIRONDACK 1,870 684 -1,186 AK ALASKA 1,751 1,316 -435 AM ALLEGHENY MOUNTAIN 3,297 2,450 -847 AR ARKANSAS 1,540 1,333 -207 AZ ARIZONA 4,579 4,497 -82 BD BORDER 821 553 -268 CA SOUTHERN CALIFORNIA 18,039 14,377 -3,662 CC CENTRAL CALIFORNIA 1,076 1,030 -46 CO COLORADO 6,606 5,908 -698 CT CONNECTICUT 5,540 4,560 -980 FG FLORIDA GOLD COAST 4,310 4,439 129 FL FLORIDA 9,129 9,844 715 GA GEORGIA 6,912 6,458 -454 GU GULF 8,560 6,932 -1,628 HI HAWAIIAN 2,483 1,872 -611 IA IOWA 2,392 2,355 -37 IE INLAND EMPIRE 1,108 1,045 -63 IL ILLINOIS 18,197 13,029 -5,168 IN INDIANA 9,243 7,755 -1,488 KY KENTUCKY 2,329 1,846 -483 LA LOUISIANA 2,437 2,272 -165 LE LAKE ERIE 3,074 2,761 -313 MA MIDDLE ATLANTIC 10,929 7,843 -3,086 MD MARYLAND 5,239 3,755 -1,484 ME MAINE 843 576 -267 MI MICHIGAN 8,205 5,531 -2,674 MN MINNESOTA 7,340 6,638 -702 MR METROPOLITAN 9,660 6,337 -3,323 MS MISSISSIPPI 1,283 1,063 -220 MT MONTANA 1,056 901 -155 MV MISSOURI VALLEY 3,741 3,347 -394 LSC CODE LSC NAME 2020 2021 INC./DEC. MW MIDWESTERN 2,348 2,157 -191 NC NORTH CAROLINA 8,996 8,052 -944 ND NORTH DAKOTA 1,238 1,211 -27 NE NEW ENGLAND 7,898 6,245 -1,653 NI NIAGARA 4,004 2,255 -1,749 NJ NEW JERSEY 9,301 5,446 -3,855 NM NEW MEXICO 1,438 1,185 -253 NT NORTH TEXAS 6,701 5,953 -748 OH OHIO 6,320 5,104 -1,216 OK OKLAHOMA 1,625 1,759 134 OR OREGON 4,628 3,326 -1,302 OZ OZARK 3,057 2,324 -733 PC PACIFIC 14,019 10,290 -3,729 PN PACIFIC NORTHWEST 5,784 4,397 -1,387 PV POTOMAC VALLEY 11,380 7,525 -3,855 SC SOUTH CAROLINA 3,148 2,945 -203 SD SOUTH DAKOTA 1,194 1,170 -24 SE SOUTHEASTERN 6,187 5,274 -913 SI SAN DIEGO-IMPERIAL 3,486 2,764 -722 SN SIERRA NEVADA 2,293 2,553 260 SR SNAKE RIVER 970 882 -88 ST SOUTH TEXAS 6,396 5,472 -924 US USA SWIMMING 36 24 -12 UT UTAH 3,213 3,513 300 VA VIRGINIA 6,287 5,942 -345 WI WISCONSIN 6,138 4,876 -1,262 WT WEST TEXAS 597 576 -21 WV WEST VIRGINIA 378 270 -108 WY WYOMING 1,398 1,236 -162 TOTAL 294,047 238,033 -56,014 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP BY ZONE 2020 VS. 2021 SOUTH TEXAS WEST TEXAS NORTH TEXAS LOUISIANAGULF BO R D E R MISSISSIPPI GEORGIA KENTUCKY SOUTHCAROLINA NORTH CAROLINA FLORIDAGOLDCOAST SOU T H E A S T E RN WESTVIRGINIA VIRGINIA MARYLAND POTOMAC VALLEY MIDDLEATLANTIC ALL E G H E N Y MO U NTAIN NIAGARA A D I R O N D A C K NEWENGLAND MAINE NEW JERSEY METROPOLITAN CONNECTICUT ALASKA HAWAIIAN LAKE ERIE INDIANA MICHIGAN WISCONSIN ILLINOIS MINNESOTA NORTH DAKOTA IOWA SOUTH DAKOTA MIDWESTERN MISSOURI VALLEY OZARK ARKANSAS OKLAHOMA MONTANA WYOMING COLORADO NEW MEXICOARIZONA UTAH SOUTHERNCALIFORNIA SAN DIEGO-IMPERIAL CENTRAL CALIFORNIA SIERRA NEVADA P A C I F I C SNAKE RIVER OREGON INLAND EMPIRE PACIFIC NORTHWEST OHIO 0-2,000 2,001-4,000 4,001-6,000 6,001-8,000 8,001-10,000 10,001-12,000 12,001-20,000 FLORIDA 0 5000 10000 15000 20000 WYWVWTWIVAUTUSSTSRSNSISESDSCPVPNPCOZOROKOHNTNMNJNINENDNCMWMVMTMSMRMNMIMEMDMALELAKYINILIEIAHIGUGAFLFGCTCOCCCABDAZARAMAKAD PREMIUM AND OUTREACH ATHLETE MEMBERSHIP PREMIUM AND OUTREACH ATHLETE MEMBERSHIP PREMIUM AND OUTREACH ATHLETE MEMBERSHIP 2021 NUMBER OF ATHLETES 20212020 WESTERN ZONE % of total membership CENTRAL ZONE % of total membership SOUTHERN ZONE % of total membership EASTERN ZONE % of total membership 202025.2% 202025.7% 202023.0% 202026.0% 202125.7% 202125.9% 202125.8% 202122.6% CENTRAL ZONE 2020 2021 INC./DEC. 75,691 61,551 -14,140 EASTERN ZONE 2020 2021 INC./DEC. 76,584 53,773 -22,811 SOUTHERN ZONE 2020 2021 INC./DEC. 67,698 61,498 -6,200 WESTERN ZONE 2020 2021 INC./DEC. 74,078 61,211 -12,867 TOTAL 2020 2021 INC./DEC. 294,051 238,033 -56,018 36 Page 188 of 235 10 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 11 NEWS/RENEWS BY AGE GROUPS 2021 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP 2021 ATHLETE MEMBERSHIP AGE DISTRIBUTION AGE NEWFEMALE RENEWFEMALE TOTALFEMALE % OF TOTAL ATHLETES NEWMALE RENEWMALE TOTALMALE % OF TOTAL ATHLETES GRAND TOTAL % OF TOTAL ATHLETES 8 & UNDER 4,363 2,262 6,625 2.8%3,527 1,776 5,303 2.2%11,928 2.2% 9 3,266 4,055 7,321 3.1%2,666 3,389 6,055 2.5%13,376 2.5% 10 3,632 7,073 10,705 4.5%2,919 5,744 8,663 3.6%19,368 3.6% 11 3,681 9,602 13,283 5.6%2,852 7,817 10,669 4.5%23,952 4.5% 12 3,176 11,860 15,036 6.3%2,418 9,139 11,557 4.9%26,593 4.9% 13 2,441 12,959 15,400 6.5%1,932 9,901 11,833 5.0%27,233 5.0% 14 1,790 13,373 15,163 6.4%1,599 10,306 11,905 5.0%27,068 5.0% 15 1,199 12,128 13,327 5.6%1,096 9,422 10,518 4.4%23,845 4.4% 16 791 10,452 11,243 4.7%895 8,511 9,406 4.0%20,649 4.0% 17 541 9,084 9,625 4.0%630 7,832 8,462 3.6%18,087 3.6% 18 249 6,568 6,817 2.9%361 6,333 6,694 2.8%13,511 2.8% 19 & OVER 240 5,549 5,789 2.4%263 6,371 6,634 2.8%12,423 2.8% TOTAL 25,369 104,965 130,334 54.8%21,158 86,541 107,699 45.2%238,033 New membership is defined as someone who has not been registered since 1994. Renewed membership is defined as someone who prior to registering for 2020 had been registered as any membership type in any year since 1994. Ages are calculated as of December 31, 2021. The average age of a year-round athlete is 12. Number of Premium and Outreach athletes that have been registered for 5 or more consecutive years: 86,748 Number of Premium and Outreach athletes that have been registered for 10 or more consecutive years: 14,428 2021 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP RETENTION RATE AGE % OF RETAINED FEMALE ATHLETES % OF RETAINED MALE ATHLETES % OF RETAINED TOTAL ATHLETES 8 & UNDER 1.7%1.6%1.7% 9 3.1%3.2%3.1% 10 5.4%5.3%5.4% 11 7.4%7.3%7.3% 12 9.1%8.5%8.8% 13 10.0%9.2%9.6% 14 10.3%9.6%9.9% 15 9.3%8.7%9.1% 16 8.0%7.9%8.0% 17 7.0%7.3%7.1% 18 5.0%5.9%5.4% 19 & OVER 4.3%5.9%5.0% TOTAL 81%80.4%80% 2020 VS. 2021 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP AGE 2020FEMALE 2021FEMALE INC./DEC.2020MALE 2021MALE INC./DEC.2020TOTAL F/M 2021TOTAL F/M INC./DEC. 8 & UNDER 10,287 6,610 -3,677 8,540 5,283 -3,257 18,827 11,893 -6,934 9 11,202 7,336 -3,866 9,221 6,075 -3,146 20,423 13,411 -7,012 10 15,397 10,705 -4,692 12,479 8,663 -3,816 27,876 19,368 -8,508 11 18,325 13,283 -5,042 14,682 10,669 -4,013 33,007 23,952 -9,055 12 19,727 14,991 -4,736 15,925 11,524 -4,401 35,652 26,515 -9,137 13 19,550 15,445 -4,105 15,662 11,866 -3,796 35,212 27,311 -7,901 14 18,101 15,163 -2,938 14,556 11,905 -2,651 32,657 27,068 -5,589 15 14,606 13,327 -1,279 11,953 10,518 -1,435 26,559 23,845 -2,714 16 12,222 11,229 -993 10,262 9,389 -873 22,484 20,618 -1,866 17 9,559 9,639 80 8,883 8,479 -404 18,442 18,118 -324 18 6,771 6,817 46 6,903 6,694 -209 13,674 13,511 -163 19 & OVER 4,026 5,789 1,763 5,208 6,634 1,426 9,234 12,423 3,189 TOTAL 159,773 130,334 -29,439 134,274 107,699 -26,575 294,047 238,033 -56,014 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP PREMIUM AND OUTREACH ATHLETE MEMBERSHIP Age 4 and younger 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 and older 12,900 400 1,100 21,700 32,600 10,200 31,700 27,700 8,200 19,100 22,700 25,800 32,900 30,700 14,700 3,600 0 5000 10000 15000 20000 25000 30000 35000 NUMBER OF ATHLETES 37 Page 189 of 235 12 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 13 OUTREACH ATHLETE MEMBERSHIP In 2021, there were 4,733 Outreach members (which are includ- ed in the Premium athlete membership totals on pages 8 and 9). Outreach membership offers qualified individuals the opportunity to become a USA Swimming year-round athlete member at a reduced fee. The national fee for outreach membership is $5.00 and the Local Swimming Committee has the option to set a local fee that may not exceed $2.00. The goal is to provide opportu- nities in swimming to under-represented and/or economically disadvantaged youth in the United States. Each Local Swimming Committee determines how they will qualify athletes for out- reach membership. They may use but are not limited to national guidelines based on Federal Food Stamps, Free School Lunch and/ or Federal Poverty Guidelines. LSC CODE LSC NAME 2020 2021 INC./DEC. AD ADIRONDACK 27 4 -23 AK ALASKA 120 38 -82 AM ALLEGHENY MOUNTAIN 51 19 -32 AR ARKANSAS 36 18 -18 AZ ARIZONA 38 26 -12 BD BORDER 0 0 0 CA SOUTHERN CALIFORNIA 976 453 -523 CC CENTRAL CALIFORNIA 11 6 -5 CO COLORADO 52 54 2 CT CONNECTICUT 24 18 -6 FG FLORIDA GOLD COAST 0 3 3 FL FLORIDA 194 210 16 GA GEORGIA 45 30 -15 GU GULF 193 57 -136 HI HAWAIIAN 129 56 -73 IA IOWA 35 57 22 IE INLAND EMPIRE 33 20 -13 IL ILLINOIS 2,752 856 -1,896 IN INDIANA 402 348 -54 KY KENTUCKY 180 92 -88 LA LOUISIANA 10 2 -8 LE LAKE ERIE 99 46 -53 MA MIDDLE ATLANTIC 26 13 -13 MD MARYLAND 47 16 -31 ME MAINE 18 4 -14 MI MICHIGAN 193 91 -102 MN MINNESOTA 43 30 -13 MR METROPOLITAN 216 96 -120 MS MISSISSIPPI 1 0 -1 MT MONTANA 71 46 -25 LSC CODE LSC NAME 2020 2021 INC./DEC. MV MISSOURI VALLEY 77 116 39 MW MIDWESTERN 56 41 -15 NC NORTH CAROLINA 122 91 -31 ND NORTH DAKOTA 7 7 0 NE NEW ENGLAND 88 51 -37 NI NIAGARA 252 239 -13 NJ NEW JERSEY 267 96 -171 NM NEW MEXICO 90 77 -13 NT NORTH TEXAS 35 34 -1 OH OHIO 49 47 -2 OK OKLAHOMA 57 29 -28 OR OREGON 189 152 -37 OZ OZARK 25 20 -5 PC PACIFIC 220 138 -82 PN PACIFIC NORTHWEST 158 75 -83 PV POTOMAC VALLEY 22 3 -19 SC SOUTH CAROLINA 32 6 -26 SD SOUTH DAKOTA 4 2 -2 SE SOUTHEASTERN 103 81 -22 SI SAN DIEGO-IMPERIAL 116 61 -55 SN SIERRA NEVADA 54 154 100 SR SNAKE RIVER 22 29 7 ST SOUTH TEXAS 94 80 -14 UT UTAH 131 139 8 VA VIRGINIA 66 88 22 WI WISCONSIN 72 58 -14 WT WEST TEXAS 0 0 0 WV WEST VIRGINIA 1 0 -1 WY WYOMING 75 110 35 TOTAL 8,506 4,733 -3,773 OUTREACH ATHLETE MEMBERSHIP 2020 VS. 2021 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP MIKE LEWIS / USA SWIMMING 38 Page 190 of 235 14 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 15 2021 PREMIUM AND OUTREACH ATHLETE MEMBERS WITH A DISABILITY Athletes are asked, but not mandated, to provide disability information on the registration form. 2021 PREMIUM AND OUTREACH ATHLETE MEMBERS WITH A DISABILITY Athletes are asked, but not mandated, to provide disability information on the registration form. LSC CODE BLIND OR VISUALLY IMPAIRED DEAF ORHARD OF HEARING PHYSICAL DISABILITY COGNITIVE DISABILITY NO. OF ATHLETESLSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE AD ADIRONDACK 1 0 2 2 1 0 2 6 13 AK ALASKA 4 3 7 2 2 1 6 5 29 AM ALLEGHENY MOUNTAIN 4 4 6 3 2 1 5 18 42 AR ARKANSAS 3 0 7 0 4 3 6 1 22 AZ ARIZONA 2 10 3 4 5 7 6 12 47 BD BORDER 0 1 0 0 2 1 0 1 5 CA SOUTHERN CALIFORNIA 12 10 16 8 20 15 14 49 135 CC CENTRAL CALIFORNIA 3 4 4 1 1 3 2 4 21 CO COLORADO 9 8 16 4 12 17 9 21 93 CT CONNECTICUT 6 5 5 2 3 3 9 11 44 FG FLORIDA GOLD COAST 2 4 4 2 5 6 6 8 35 FL FLORIDA 14 5 11 14 17 7 18 46 128 GA GEORGIA 9 10 6 5 9 9 13 28 84 GU GULF 16 8 8 8 9 2 10 17 77 HI HAWAIIAN 3 1 4 0 4 1 2 7 22 IA IOWA 2 6 3 3 4 4 5 7 34 IE INLAND EMPIRE 1 2 2 1 4 0 4 7 20 IL ILLINOIS 12 7 13 10 18 6 17 34 114 IN INDIANA 18 21 12 12 13 17 13 50 148 KY KENTUCKY 3 2 0 2 4 4 0 6 21 LA LOUISIANA 0 1 4 3 0 2 11 15 36 LE LAKE ERIE 5 5 7 6 9 5 12 15 60 MA MIDDLE ATLANTIC 14 10 14 9 11 12 9 20 94 MD MARYLAND 4 6 7 2 8 4 8 13 49 ME MAINE 0 0 2 2 2 2 2 1 11 MI MICHIGAN 3 3 8 2 9 7 5 18 51 MN MINNESOTA 7 4 10 4 11 2 18 23 78 MR METROPOLITAN 5 3 5 4 11 13 6 23 69 MS MISSISSIPPI 1 1 3 2 2 1 4 4 17 MT MONTANA 0 0 1 1 0 1 4 6 13 LSC CODE BLIND OR VISUALLY IMPAIRED DEAF ORHARD OF HEARING PHYSICAL DISABILITY COGNITIVE DISABILITY NO. OF ATHLETESLSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE MV MISSOURI VALLEY 5 5 5 1 7 6 7 10 43 MW MIDWESTERN 8 0 3 2 2 1 3 11 30 NC NORTH CAROLINA 12 11 16 12 7 6 10 13 84 ND NORTH DAKOTA 4 2 2 2 3 3 9 7 32 NE NEW ENGLAND 7 6 16 5 6 5 13 25 79 NI NIAGARA 3 1 7 1 5 1 6 14 38 NJ NEW JERSEY 7 4 3 3 4 3 3 12 37 NM NEW MEXICO 6 2 3 1 1 2 4 10 29 NT NORTH TEXAS 8 5 7 11 10 10 11 28 87 OH OHIO 9 11 8 8 9 10 8 20 81 OK OKLAHOMA 6 1 7 6 3 1 3 10 36 OR OREGON 3 5 5 5 4 5 10 9 45 OZ OZARK 0 5 5 2 2 1 5 3 22 PC PACIFIC 10 7 6 10 5 8 9 31 84 PN PACIFIC NORTHWEST 7 3 7 3 9 3 15 20 66 PV POTOMAC VALLEY 8 7 11 7 6 7 9 13 65 SC SOUTH CAROLINA 8 2 4 6 4 2 10 12 46 SD SOUTH DAKOTA 1 2 2 1 4 1 2 4 17 SE SOUTHEASTERN 7 8 5 9 12 11 18 32 94 SI SAN DIEGO-IMPERIAL 7 2 6 3 5 4 5 14 45 SN SIERRA NEVADA 10 4 3 4 1 4 4 7 35 SR SNAKE RIVER 2 1 3 3 1 1 2 3 16 ST SOUTH TEXAS 7 16 10 15 14 10 15 31 110 UT UTAH 9 5 2 5 8 3 4 20 50 VA VIRGINIA 12 13 4 8 8 4 10 21 77 WI WISCONSIN 4 9 8 5 7 9 12 19 70 WT WEST TEXAS 1 1 0 0 1 0 2 3 8 WV WEST VIRGINIA 0 0 0 1 1 0 1 2 3 WY WYOMING 3 2 3 0 0 2 4 3 17 TOTAL 337 284 351 257 351 279 440 883 3,058 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP PREMIUM AND OUTREACH ATHLETE MEMBERSHIP 39 Page 191 of 235 16 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 17 2021 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP — ETHNICITY Athletes are asked, but not mandated, to provide ethnicity information on the registration form. 2021 PREMIUM AND OUTREACH ATHLETE MEMBERSHIP — ETHNICITY Athletes are asked, but not mandated, to provide ethnicity information on the registration form. LSC CODE AFRICAN AMERICAN OR BLACK AMERICAN INDIAN ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAWAIIAN AND OTHER PACIFIC ISLAND WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE AD ADIRONDACK 1 2 0 0 32 39 7 1 0 0 255 165 4 3 18 10 85 62 AK ALASKA 1 4 29 21 11 7 3 0 0 0 313 266 2 2 81 48 281 247 AM ALLEGHENY MOUNTAIN 10 9 0 0 40 57 7 7 1 0 928 631 11 12 47 50 358 282 AR ARKANSAS 15 8 3 1 30 46 29 13 1 0 497 444 2 5 55 37 70 77 AZ ARIZONA 18 21 7 1 66 92 98 99 1 3 1,337 925 22 14 239 196 777 581 BD BORDER 3 6 0 0 3 6 119 129 0 0 41 36 0 4 32 33 74 67 CA SOUTHERN CALIFORNIA 62 44 11 9 1,144 1,554 490 408 33 32 2,151 1,684 85 105 895 714 2,486 2,470 CC CENTRAL CALI- FORNIA 10 4 1 0 33 26 52 45 5 1 209 145 8 10 75 54 184 168 CO COLORADO 25 6 4 0 118 85 70 55 4 0 2,021 1,289 20 17 281 196 1,028 689 CT CONNECTICUT 23 14 1 0 123 139 53 53 0 4 1,139 800 18 12 135 96 1,126 824 FG FLORIDA GOLD COAST 49 42 0 1 32 53 309 468 4 1 518 528 31 53 163 191 962 1,034 FL FLORIDA 68 64 4 6 155 177 220 234 4 6 2,445 1,954 35 31 403 375 1,939 1,724 GA GEORGIA 160 149 2 1 154 245 101 78 3 1 1,833 1,421 24 26 213 191 975 881 GU GULF 86 67 3 5 309 384 240 262 1 2 1,571 1,210 36 33 360 297 1,058 1,008 HI HAWAIIAN 3 1 1 1 169 168 11 7 49 32 241 195 19 21 274 210 259 211 IA IOWA 12 4 2 0 38 42 9 13 1 0 1,029 722 1 3 62 51 199 167 IE INLAND EM- PIRE 3 2 2 1 19 24 15 16 0 0 360 254 2 6 44 38 149 110 IL ILLINOIS 117 98 6 5 456 621 270 221 7 2 3,922 3,094 121 99 463 369 4,308 4,019 Illi-93 71 2 5 352 448 202 145 7 2 3,540 2,660 64 58 443 346 2,476 2,115 756 IN INDIANA 60 45 2 0 124 137 94 110 0 0 3,091 2,314 25 24 263 237 676 553 KY KENTUCKY 12 4 0 0 27 26 10 9 1 0 627 509 4 4 27 29 290 267 LA LOUISIANA 38 39 2 1 27 37 16 24 0 0 637 552 1 11 42 37 407 401 LE LAKE ERIE 27 18 0 0 39 64 26 15 1 1 986 728 15 7 104 69 359 302 MA MIDDLE AT-78 54 2 1 183 288 56 51 5 6 2,583 2,187 59 58 249 205 943 835 MD MARYLAND 102 91 2 0 130 166 30 30 1 0 1,182 998 16 13 161 151 357 325 ME MAINE 2 4 0 3 7 8 3 2 0 0 272 170 0 2 21 19 41 22 MI MICHIGAN 61 34 2 5 120 177 44 31 1 0 1,951 1,342 16 13 180 124 817 613 MN MINNESOTA 25 9 6 0 121 108 40 26 2 0 2,247 1,253 10 13 146 94 1,559 979 MR METROPOLI-61 52 1 4 291 353 165 123 2 1 1,324 1,184 58 80 305 249 1,126 958 MS MISSISSIPPI 18 23 0 0 30 24 4 5 1 0 360 342 0 4 23 27 102 100 MT MONTANA 1 1 10 4 4 5 4 2 0 1 303 178 2 1 18 18 213 136 MV MISSOURI 9 10 5 4 57 77 48 39 4 0 1,086 801 9 8 83 80 577 450 MW MIDWESTERN 7 4 3 1 30 30 25 19 0 0 790 638 6 2 66 34 277 225 LSC CODE AFRICAN AMERICAN OR BLACK AMERICAN INDIAN ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAWAIIAN AND OTHER PACIFIC ISLAND WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE NC NORTH CARO- LINA 90 74 5 3 147 183 63 59 1 3 2,404 1,758 16 18 205 177 1,508 1,339 ND NORTH DA- KOTA 2 1 4 2 6 6 4 2 0 0 568 312 2 1 32 12 153 104 NE NEW ENGLAND 52 40 1 3 329 389 69 41 0 1 2,027 1,319 62 46 197 172 912 585 NI NIAGARA 89 77 1 2 37 38 20 19 0 0 896 658 13 11 69 41 156 128 NJ NEW JERSEY 25 19 0 0 348 394 82 86 0 2 913 717 214 185 149 108 1,145 1,059 NM NEW MEXICO 4 2 7 4 35 31 96 63 1 0 277 215 9 1 115 90 119 116 NT NORTH TEXAS 68 49 6 5 436 586 122 122 4 4 1,262 1,171 43 33 243 226 846 727 OH OHIO 32 16 0 3 84 110 34 29 2 3 1,842 1,432 13 17 174 128 652 533 OK OKLAHOMA 10 5 23 27 49 53 22 29 1 0 495 432 4 12 115 84 195 201 OR OREGON 9 10 9 4 122 142 39 32 2 2 1,009 679 11 14 187 125 482 448 OZ OZARK 17 14 0 0 66 88 25 12 1 0 968 634 2 3 73 68 187 166 PC PACIFIC 31 21 8 6 842 1,034 157 119 13 13 1,562 1,199 67 55 561 469 2,166 1,967 PN PACIFIC NORTHWEST 20 9 4 3 405 508 29 23 3 3 1,154 871 22 27 314 231 397 374 PV POTOMAC VALLEY 121 100 4 6 381 477 125 91 3 0 1,823 1,512 278 244 390 312 869 789 SC SOUTH CARO- LINA 30 33 2 0 24 29 23 30 1 0 1,088 822 12 5 89 60 386 312 SD SOUTH DAKOTA 0 0 1 3 4 3 2 5 0 0 344 259 1 1 35 18 291 203 SE SOUTHEASTERN 60 60 5 3 89 94 32 28 1 1 1,616 1,299 22 20 135 119 872 818 SI SAN DIEGO- IMPERIAL 4 4 1 0 126 136 83 61 4 8 604 489 17 9 232 188 431 367 SN SIERRA NE- VADA 5 3 6 4 76 114 34 37 6 4 478 367 6 7 207 122 586 491 SR SNAKE RIVER 1 2 0 0 11 10 20 13 0 0 379 278 4 1 39 45 46 33 ST SOUTH TEXAS 18 27 2 5 234 315 245 259 6 4 1,575 1,347 24 25 401 382 323 280 US USA SWIMMING 0 0 0 0 1 2 0 0 0 0 7 4 0 0 1 3 3 3 UT UTAH 4 5 5 2 41 47 51 60 11 5 1,093 1,054 6 7 102 106 462 452 VA VIRGINIA 56 42 2 3 108 96 54 49 5 3 1,865 1,425 23 23 238 172 949 829 WI WISCONSIN 7 9 3 4 70 66 38 22 3 0 2,134 1,201 13 9 182 115 620 380 WT WEST TEXAS 4 5 1 0 7 11 15 18 0 1 122 100 0 1 20 17 135 119 WV WEST VIRGINIA 2 1 0 0 9 2 0 0 0 0 100 61 0 1 1 0 54 39 WY WYOMING 2 0 1 1 4 4 11 10 1 0 440 371 1 1 31 23 193 142 TOTAL 1,906 1,534 208 168 8,109 10,060 4,095 3,838 201 150 66,912 50,511 1,490 1,432 10,045 8,119 37,368 31,887 % OF TOTAL YEAR-ROUND ATHLETES (238,033) .8%.6%.1%.1%3.4%4.2%1.7%1.6%.1%.1%28.1%21.2%.6%.6%4.2%3.4%15.7%13.4% NOTE: 29.1% of athletes did not respond to the ethnicity question on their registration form. Response to this question is not mandatory. PREMIUM AND OUTREACH ATHLETE MEMBERSHIP PREMIUM AND OUTREACH ATHLETE MEMBERSHIP 40 Page 192 of 235 18 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 19 USA SWIMMING 2019 MEMBERSHIP DEMOGRAPHICS REPORT LSC CODE LSC NAME NEW FLEX RENEW FLEX TOTAL FLEX NEW UPGRADES RENEW UPGRADES TOTAL UPGRADES AD ADIRONDACK 71 88 159 24 168 192 AK ALASKA 327 232 559 43 102 145 AM ALLEGHENY MOUNTAIN 245 314 559 26 246 272 AR ARKANSAS 117 79 196 13 34 47 AZ ARIZONA 826 386 1,212 138 108 246 BD BORDER 626 202 828 23 207 230 CA SOUTHERN CALIFORNIA 2,394 1,725 4,119 149 621 770 CC CENTRAL CALIFORNIA 196 122 318 40 42 82 CO COLORADO 599 505 1,104 52 148 200 CT CONNECTICUT 162 122 284 51 197 248 FG FLORIDA GOLD COAST 464 75 539 71 15 86 FL FLORIDA 1,720 1,148 2,868 242 449 691 GA GEORGIA 463 290 753 66 113 179 GU GULF 1,285 826 2,111 128 232 360 HI HAWAIIAN 259 182 441 8 93 101 IA IOWA 517 200 717 89 74 163 IE INLAND EMPIRE 152 116 268 11 34 45 IL ILLINOIS 158 312 470 15 131 146 IN INDIANA 916 760 1,676 221 653 874 KY KENTUCKY 110 127 237 26 40 66 LA LOUISIANA 438 232 670 21 78 99 LE LAKE ERIE 169 215 384 22 25 47 MA MIDDLE ATLANTIC 360 560 920 28 43 71 MD MARYLAND 253 377 630 12 88 100 ME MAINE 46 105 151 8 37 45 MI MICHIGAN 51 26 77 11 5 16 MN MINNESOTA 265 319 584 80 216 296 MR METROPOLITAN 255 397 652 31 398 429 MT MONTANA 96 139 235 11 107 118 LSC CODE LSC NAME NEW FLEX RENEW FLEX TOTAL FLEX NEW UPGRADES RENEW UPGRADES TOTAL UPGRADES MV MISSOURI VALLEY 244 237 481 25 81 106 MW MIDWESTERN 75 107 182 20 12 32 NC NORTH CAROLINA 843 746 1,589 190 295 485 ND NORTH DAKOTA 88 57 145 7 13 20 NE NEW ENGLAND 270 343 613 86 68 154 NI NIAGARA 465 836 1,301 66 239 305 NJ NEW JERSEY 70 453 523 0 36 36 NM NEW MEXICO 298 224 522 6 21 27 NT NORTH TEXAS -1 0 -1 0 0 0 OH OHIO 363 364 727 58 106 164 OK OKLAHOMA 20 4 24 3 2 5 OR OREGON 566 680 1,246 23 120 143 OZ OZARK 45 63 108 3 9 12 PC PACIFIC 1,108 1,186 2,294 11 109 120 PN PACIFIC NORTHWEST 304 414 718 7 53 60 PV POTOMAC VALLEY 560 1,064 1,624 79 378 457 SC SOUTH CAROLINA 154 39 193 16 28 44 SD SOUTH DAKOTA 4 4 8 0 0 0 SE SOUTHEASTERN 643 639 1,282 79 354 433 SI SAN DIEGO-IMPERIAL 1,000 453 1,453 78 67 145 SN SIERRA NEVADA 1,246 930 2,176 134 304 438 SR SNAKE RIVER 218 157 375 14 40 54 ST SOUTH TEXAS 603 448 1,051 67 85 152 UT UTAH 285 172 457 39 18 57 VA VIRGINIA 587 272 859 220 114 334 WI WISCONSIN 0 -2 -2 0 0 0 WT WEST TEXAS 204 69 273 18 4 22 WV WEST VIRGINIA 37 29 66 6 28 34 WY WYOMING 99 148 247 10 43 53 TOTAL 23,938 20,317 44,255 2,925 7,331 10,256 Upgrades are when a new or renewed athlete upgrades from Flex to Premium in the same registration period (September – December of the following year). NEWS/RENEWS – 2021 FLEX ATHLETE MEMBERSHIP NEWS/RENEWS – 2021 FLEX ATHLETE MEMBERSHIP All Flex athletes join USA Swimming through their Local Swimming Committee (LSC), one of 59 local organizations responsible for administering USA Swimming activities in a defined geographical area. Within each LSC, a designated Registration/ Membership Chair is responsible for providing athlete registration information and applications to all interested individuals. Flex athlete membership is for a calendar year period (January - December). New athlete memberships processed on or after September 1 are valid through December 31 of the following year. Flex membership is option for all LSCs and clubs; they are not required to offer it. Flex athlete membership provides liability and secondary accident medical insurance coverage. Flex Athlete Membership FLEX ATHLETE MEMBERSHIP MIKE LEWIS / USA SWIMMING 41 Page 193 of 235 20 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 21 NEWS/RENEWS BY AGE GROUPS – 2021 FLEX ATHLETE MEMBERSHIP 2021 FLEX ATHLETE MEMBERS WHO WERE PREMIUM, OUTREACH OR SEASONAL IN 2019 New membership is defined as someone who has not been registered since 1994. Renewed membership is defined as someone who prior to registering for 2021 had been registered as any membership type in any year since 1994. Ages are calculated as of December 31, 2021. The average age of a flex athlete is 11.7. AGE NEWFEMALE RENEWFEMALE TOTALFEMALE % OF TOTAL ATHLETES NEWMALE RENEWMALE TOTALMALE % OF TOTAL ATHLETES GRAND TOTAL % OF TOTAL ATHLETES 8 & UNDER 3,666 704 4,370 9.9%3,175 583 3,758 8.5%8,128 18.4% 9 1,783 756 2,539 5.7%1,516 691 2,207 5.0%4,746 10.7% 10 1,752 1,050 2,802 6.3%1,400 845 2,245 5.1%5,047 11.4% 11 1,540 1,187 2,727 6.2%1,371 1,011 2,382 5.4%5,109 11.5% 12 1,258 1,370 2,628 5.9%1,105 1,226 2,331 5.3%4,959 11.2% 13 875 1,267 2,142 4.8%897 1,136 2,033 4.6%4,175 9.4% 14 680 1,231 1,911 4.3%662 1,003 1,665 3.8%3,576 8.1% 15 442 1,020 1,462 3.3%429 891 1,320 3.0%2,782 6.3% 16 329 933 1,262 2.9%308 681 989 2.2%2,251 5.1% 17 214 715 929 2.1%223 645 868 2.0%1,797 4.1% 18 100 524 624 1.4%137 447 584 1.3%1,208 2.7% 19 & OVER 29 220 249 0.6%47 181 228 0.5%477 1.1% TOTAL 12,668 10,977 23,645 53.4%11,270 9,340 20,610 46.6%44,255 LSC CODE LSC NAME FLEX OUTREACH PREMIUM SEASONAL TOTAL AD ADIRONDACK 9 70 79 AK ALASKA 88 5 101 194 AM ALLEGHENY MOUNTAIN 86 178 3 267 AR ARKANSAS 23 27 2 52 AZ ARIZONA 100 8 150 5 263 BD BORDER 25 89 114 CA SOUTHERN CALIFORNIA 476 46 762 1,284 CC CENTRAL CALIFORNIA 42 41 83 CO COLORADO 105 1 245 351 FG FLORIDA GOLD COAST 16 80 96 FL FLORIDA 25 19 44 GA GEORGIA 209 1 347 34 591 GU GULF 90 1 129 4 224 HI HAWAIIAN 255 4 297 9 565 IA IOWA 43 89 1 133 IE INLAND EMPIRE 55 45 11 111 IL ILLINOIS 40 56 96 IN INDIANA 45 10 213 268 KY KENTUCKY 198 22 357 1 578 LA LOUISIANA 32 2 64 98 LE LAKE ERIE 82 79 161 MA MIDDLE ATLANTIC 90 53 1 144 MD MARYLAND 162 1 326 489 ME MAINE 23 3 349 1 376 MR METROPOLITAN 9 63 13 85 MT MONTANA 25 25 MV MISSOURI VALLEY 87 73 1 161 MW MIDWESTERN 36 3 21 60 NC NORTH CAROLINA 254 1 328 1 584 ND NORTH DAKOTA 15 22 37 NE NEW ENGLAND 47 256 303 NI NIAGARA 164 7 543 714 OK OKLAHOMA 60 384 444 OR OREGON 64 112 176 OZ OZARK 1 1 PN PACIFIC NORTHWEST 45 1 214 3 263 PV POTOMAC VALLEY 2 2 SC SOUTH CAROLINA 140 5 409 554 SE SOUTHEASTERN 14 33 47 SI SAN DIEGO-IMPERIAL 4 5 896 51 956 SN SIERRA NEVADA 170 5 182 1 358 SR SNAKE RIVER 183 2 749 934 ST SOUTH TEXAS 115 197 312 UT UTAH 60 3 24 87 VA VIRGINIA 125 73 198 WT WEST TEXAS 55 3 58 WV WEST VIRGINIA 10 11 21 WY WYOMING 79 2 44 125 TOTAL 4,943 150 9,935 208 15,236 SOUTH TEXAS WEST TEXAS NORTH TEXAS LOUISIANAGULF BO R D E R MISSISSIPPI GEORGIA FLORIDA KENTUCKY SOUTHCAROLINA NORTH CAROLINA FLORIDAGOLDCOAST SOU T H E A S T E R N WESTVIRGINIA VIRGINIA MARYLAND POTOMAC VALLEY MIDDLEATLANTIC ALL E G H E N Y MO U NTAIN NIAGARA A D I R O N D A C K NEWENGLAND MAINE NEW JERSEY METROPOLITAN CONNECTICUT ALASKA HAWAIIAN LAKE ERIE INDIANA MICHIGAN WISCONSIN ILLINOIS MINNESOTA NORTH DAKOTA IOWA SOUTH DAKOTA MIDWESTERN MISSOURI VALLEY OZARK ARKANSAS OKLAHOMA MONTANA WYOMING COLORADO NEW MEXICOARIZONA UTAH SOUTHERNCALIFORNIA SAN DIEGO-IMPERIAL CENTRAL CALIFORNIA SIERRA NEVADA P A C I F I C SNAKE RIVER OREGON INLAND EMPIRE PACIFIC NORTHWEST OHIO 0-200 201-400 401-600 601-800 801-1,000 1,001-1,200 1,201-2,500 FLEX ATHLETE MEMBERSHIP FLEX ATHLETE MEMBERSHIP 2021 FLEX MEMBERSHIP BY LSC 42 Page 194 of 235 22 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 23 2021 FLEX ATHLETE MEMBERS WITH A DISABILITY Athletes are asked, but not mandated, to provide disability information on the registration form. 2021 FLEX ATHLETE MEMBERS WITH A DISABILITY Athletes are asked, but not mandated, to provide disability information on the registration form. LSC CODE BLIND OR VISUALLY IMPAIRED DEAF ORHARD OF HEARING PHYSICAL DISABILITY COGNITIVE DISABILITY NO. OF ATHLETESLSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE AD ADIRONDACK 0 0 0 0 0 0 0 2 2 AK ALASKA 2 1 1 0 0 0 1 5 10 AM ALLEGHENY MOUNTAIN 1 2 1 0 0 1 1 4 10 AR ARKANSAS 1 0 2 1 0 0 1 1 6 AZ ARIZONA 1 1 2 1 2 3 1 5 14 BD BORDER 0 1 0 0 0 0 2 2 5 CA SOUTHERN CALIFORNIA 6 7 2 5 7 3 9 21 53 CC CENTRAL CALIFORNIA 1 0 0 0 0 0 0 2 3 CO COLORADO 4 1 6 2 4 0 4 7 25 CT CONNECTICUT 0 0 0 1 0 0 0 0 1 FG FLORIDA GOLD COAST 0 0 0 0 0 1 0 1 2 FL FLORIDA 3 1 4 0 4 1 4 14 29 GA GEORGIA 1 1 0 0 1 0 2 2 7 GU GULF 5 3 3 3 4 0 14 16 47 HI HAWAIIAN 1 0 0 0 1 1 5 1 9 IA IOWA 0 0 1 0 2 0 3 1 6 IE INLAND EMPIRE 0 0 0 0 0 0 1 1 2 IL ILLINOIS 0 1 0 0 0 0 0 2 3 IN INDIANA 5 6 3 3 4 1 4 9 32 KY KENTUCKY 1 0 0 0 0 1 1 1 4 LA LOUISIANA 1 1 0 0 0 1 1 4 7 LE LAKE ERIE 1 0 2 1 1 0 1 7 13 MA MIDDLE ATLANTIC 1 4 0 1 2 0 2 5 14 MD MARYLAND 0 2 0 0 3 3 1 6 15 ME MAINE 1 0 1 0 0 0 0 1 3 MI MICHIGAN 0 0 0 0 0 0 0 0 0 MN MINNESOTA 0 1 2 0 0 0 1 3 7 MR METROPOLITAN 1 1 1 0 1 0 2 0 6 MS MISSISSIPPI 0 0 0 0 0 0 0 0 0 MT MONTANA 0 2 0 0 1 0 0 2 4 LSC CODE BLIND OR VISUALLY IMPAIRED DEAF ORHARD OF HEARING PHYSICAL DISABILITY COGNITIVE DISABILITY NO. OF ATHLETESLSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE MV MISSOURI VALLEY 0 2 0 1 1 0 0 3 7 MW MIDWESTERN 0 0 0 0 1 1 0 2 3 NC NORTH CAROLINA 1 2 3 1 2 0 1 3 13 ND NORTH DAKOTA 0 0 2 0 0 0 0 0 2 NE NEW ENGLAND 1 2 0 1 0 1 2 5 12 NI NIAGARA 4 2 3 2 2 3 5 7 28 NJ NEW JERSEY 1 0 0 0 0 0 1 1 3 NM NEW MEXICO 0 0 1 1 0 0 0 2 4 NT NORTH TEXAS 0 0 0 0 0 0 0 0 0 OH OHIO 1 2 1 2 1 0 3 1 11 OK OKLAHOMA 0 0 0 0 0 0 0 0 0 OR OREGON 0 1 2 1 4 3 4 2 17 OZ OZARK 0 0 0 0 0 0 0 0 0 PC PACIFIC 2 2 0 2 1 3 6 13 29 PN PACIFIC NORTHWEST 1 0 1 1 0 0 1 2 6 PV POTOMAC VALLEY 0 1 1 4 2 0 1 2 11 SC SOUTH CAROLINA 0 0 0 2 0 0 1 1 4 SD SOUTH DAKOTA 0 0 0 0 0 0 0 0 0 SE SOUTHEASTERN 2 1 1 1 5 3 2 7 21 SI SAN DIEGO-IMPERIAL 2 1 4 0 3 1 2 7 20 SN SIERRA NEVADA 5 0 4 4 2 2 3 7 25 SR SNAKE RIVER 1 0 3 1 1 1 0 3 10 ST SOUTH TEXAS 6 3 2 0 2 3 3 10 27 UT UTAH 0 0 0 0 0 0 1 1 2 VA VIRGINIA 6 2 1 0 0 1 4 3 16 WI WISCONSIN 0 0 0 0 0 0 0 0 0 WT WEST TEXAS 0 0 0 1 0 0 1 0 2 WV WEST VIRGINIA 0 0 0 0 0 0 0 0 0 WY WYOMING 0 0 0 0 1 0 2 1 4 TOTAL 70 57 60 43 65 38 104 208 616 FLEX ATHLETE MEMBERSHIP FLEX ATHLETE MEMBERSHIP 43 Page 195 of 235 24 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 25 2021 FLEX ATHLETE MEMBERSHIP — ETHNICITY Athletes are asked, but not mandated, to provide ethnicity information on the registration form. 2021 FLEX ATHLETE MEMBERSHIP — ETHNICITY Athletes are asked, but not mandated, to provide ethnicity information on the registration form. LSC CODE AFRICAN AMERICAN OR BLACK AMER. IND. ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAW. ANDOTHER PAC. ISL.WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE AD ADIRONDACK 0 0 0 0 4 1 0 1 0 0 54 31 0 0 2 0 47 22 AK ALASKA 0 0 10 6 5 0 1 0 1 1 98 73 2 0 24 25 163 145 AM ALLEGHENY MOUNTAIN 2 1 0 0 8 21 3 0 0 0 184 145 3 3 14 9 87 75 AR ARKANSAS 2 6 0 0 7 2 1 1 0 0 82 57 0 2 4 5 17 8 AZ ARIZONA 2 5 3 1 12 19 34 37 0 1 272 216 5 9 52 33 279 231 BD BORDER 1 3 0 1 4 7 97 94 0 0 40 30 0 1 27 30 268 221 CA SOUTHERN CALIFORNIA 27 17 1 1 137 212 192 170 7 8 563 495 23 15 243 201 885 895 CC CENTRAL CALIFORNIA 0 0 1 0 4 8 10 12 0 0 65 67 3 5 22 12 53 56 CO COLORADO 5 3 0 1 8 8 18 9 1 0 344 226 7 2 50 51 199 171 CT CONNECTICUT 3 3 0 0 5 8 1 5 0 0 51 28 3 1 3 6 89 76 FG FLORIDA GOLD COAST 5 7 0 0 2 3 20 32 0 0 46 46 1 1 9 12 163 195 FL FLORIDA 23 21 1 0 52 60 56 59 0 3 640 497 12 17 100 91 643 620 GA GEORGIA 31 24 0 0 2 7 7 8 2 1 169 105 2 2 14 18 204 150 GU GULF 43 29 0 1 75 107 93 71 3 1 409 371 8 13 94 79 372 341 HI HAWAIIAN 0 0 1 0 30 33 2 1 7 4 31 23 0 0 28 27 146 114 IA IOWA 1 0 0 0 5 8 3 3 0 0 173 123 1 1 8 8 215 166 IE INLAND EMPIRE 0 1 1 0 8 8 2 2 0 0 80 55 1 0 11 6 50 47 IL ILLINOIS 5 4 0 2 11 16 10 2 0 0 128 81 1 3 24 18 89 75 IN INDIANA 3 4 1 0 26 19 32 29 0 0 588 481 4 3 47 27 221 186 KY KENTUCKY 1 0 0 0 3 5 5 1 0 0 71 58 2 4 5 5 37 40 LA LOUISIANA 11 11 0 0 8 11 14 5 0 0 115 135 1 1 16 11 172 160 LE LAKE ERIE 1 1 0 0 7 8 5 3 0 0 137 99 0 0 7 3 51 63 MA MIDDLE ATLANTIC 3 4 0 0 25 24 13 9 1 0 258 259 6 4 27 26 142 121 MD MARYLAND 30 31 0 0 24 22 0 6 0 0 197 170 2 0 28 16 61 48 ME MAINE 0 0 0 0 1 1 0 0 0 0 93 46 0 0 2 0 6 2 MI MICHIGAN 3 4 0 0 4 0 2 0 0 0 24 23 0 0 5 1 9 11 MN MINNESOTA 3 2 0 0 5 6 3 3 0 0 178 99 11 4 9 8 146 101 MR METROPOLI-9 6 0 0 31 34 25 29 0 0 120 101 4 2 23 23 120 122 MS MISSISSIPPI 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 MT MONTANA 0 1 1 0 0 1 2 2 0 0 82 56 0 3 4 6 45 31 MV MISSOURI 3 0 0 0 7 13 1 4 0 0 142 92 2 1 13 5 109 87 MW MIDWESTERN 1 1 0 0 2 5 0 0 0 0 39 33 0 0 0 2 59 42 LSC CODE AFRICAN AMERICAN OR BLACK AMER. IND. ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAW. ANDOTHER PAC. ISL.WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE NC NORTHCAROLINA 10 10 3 0 11 9 19 17 1 0 390 314 5 4 46 28 380 334 ND NORTHDAKOTA 0 0 0 0 0 0 0 0 0 0 64 46 1 1 3 0 21 12 NE NEW ENGLAND 2 0 1 0 18 28 4 4 0 0 189 136 9 7 17 17 95 90 NI NIAGARA 20 14 1 0 24 44 10 5 0 0 449 322 5 12 34 28 177 148 NJ NEW JERSEY 1 1 0 0 25 47 3 4 0 0 134 91 0 6 17 17 86 100 NM NEW JERSEY 0 2 4 0 46 36 20 25 0 1 74 78 0 4 33 32 90 78 NT NORTH TEXAS 1 0 0 0 0 1 0 0 0 0 1 1 0 0 0 0 0 0 OH OHIO 3 3 0 1 10 9 5 5 0 0 186 177 0 0 19 16 159 128 OK OKLAHOMA 0 0 1 0 0 1 1 0 0 0 4 8 0 0 3 1 5 4 OR OREGON 2 1 2 2 27 41 34 17 0 2 367 247 2 5 74 46 218 151 OZ OZARK 1 1 0 0 2 1 0 0 0 0 25 29 0 0 3 0 31 17 PC PACIFIC 7 6 2 3 132 200 32 36 3 2 349 307 14 9 115 79 536 468 PN PACIFIC NORTHWEST 3 0 0 0 38 49 4 4 1 0 147 133 2 4 32 18 150 138 PV POTOMAC VALLEY 56 31 0 1 54 68 27 19 0 0 361 302 14 8 74 67 265 259 SC SOUTH CAROLINA 2 6 1 1 1 2 0 3 0 0 44 34 0 2 0 4 58 44 SD SOUTHDAKOTA 0 0 0 0 0 0 0 0 0 0 1 3 0 0 0 0 3 1 SE SOUTHEASTERN 18 13 1 0 35 31 10 6 0 0 310 260 4 3 28 20 274 273 SI SAN DIEGO- IMPERIAL 1 3 1 2 23 28 24 34 0 1 245 194 6 6 87 66 372 357 SN SIERRA NEVADA 6 5 1 3 51 48 24 24 2 6 297 234 4 7 104 89 661 598 SR SNAKE RIVER 0 0 1 0 1 2 5 3 0 0 150 108 4 1 10 9 45 47 ST SOUTH TEXAS 5 6 0 1 25 34 97 102 0 2 158 196 1 2 52 62 158 152 UT UTAH 1 0 0 0 1 3 3 4 1 0 181 130 0 0 8 8 50 69 VA VIRGINIA 21 19 0 0 21 14 16 18 0 0 292 213 3 4 29 40 91 76 WT WEST TEXAS 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 1 0 WV WESTVIRGINIA 0 0 0 0 1 1 1 3 0 0 20 16 0 0 7 5 110 112 WI WISCONSIN 0 0 0 0 1 1 0 0 0 0 7 6 0 0 0 0 20 30 WY WYOMING 0 2 0 0 1 1 3 2 1 0 85 80 0 0 4 3 33 31 TOTAL 378 312 39 27 1,070 1,376 994 933 31 33 7,989 178 182 9,236 8,339 % OF TOTAL FLEX ATHLETES (44,255).9%.7%.1%.1%2.4%3.1%2.2%2.1%.1%.1%22.6%18.1%.4%.4%3.9%3.2%20.9%18.8% NOTE: 39.7% of athletes did not respond to the ethnicity question on their registration form. Response to this question is not mandatory. FLEX ATHLETE MEMBERSHIP FLEX ATHLETE MEMBERSHIP 44 Page 196 of 235 26 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 27 USA SWIMMING 2019 MEMBERSHIP DEMOGRAPHICS REPORT Number of LSCs with one seasonal membership type only:* 30 Number of LSCs with two or three seasonal membership types:** 16 Number of LSCs with no seasonal memberships: 13 * Season 1, Season 2 or Individual Season ** Season 1, Season 2 and/or Individual Season SEASON 1 AND SEASON 2: At the option of the Local Swimming Committee (LSC), seasonal athlete membership may be offered for one or two periods of not more than 150 days per period. The beginning and ending dates of each seasonal period is determined by the LSC. INDIVIDUAL SEASON: The LSC may also offer a seasonal membership for an unspecified but continuous period of not more than 150 days commencing on the date of registration. An athlete can only register as a seasonal athlete for one period (Season 1, Season 2 or Individual Season) within a registration year. If they would like to extend their membership beyond the seasonal membership, they are required to change to Premium and pay the difference. The seasonal membership program offers a competitive swimming program to those athletes who swim for only part of the year. They may compete in USA Swimming competitions below the Zone Championship level. All seasonal athletes join USA Swimming through their LSC, one of 59 local organizations responsible for administering USA Swimming activities in a defined geographical area. Within each LSC, a designated Registration/Membership Chair is responsible for providing athlete information and applications to all interested individuals. Seasonal athlete membership provides liability and secondary accident medical insurance coverage for the designated period of the membership. Seasonal Athlete Membership MIKE LEWIS / USA SWIMMING 45 Page 197 of 235 28 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 29 SEASON 1 ATHLETE MEMBERSHIP 2020 VS. 2021 LSC CODE LSC NAME 2020 2021 INC./DEC. AD ADIRONDACK 6 201 195 AM ALLEGHENY MOUNTAIN 50 81 31 AR ARKANSAS 14 15 1 AZ ARIZONA 27 0 -27 CA SOUTHERN CALIFORNIA 116 1,145 1,029 CC CENTRAL CALIFORNIA 0 16 16 CO COLORADO 354 883 529 CT CONNECTICUT 18 185 167 FL FLORIDA 195 1,034 839 GA GEORGIA 129 106 -23 HI HAWAIIAN 0 32 32 IA IOWA 0 312 312 IN INDIANA 66 882 816 KY KENTUCKY 0 14 14 LA LOUISIANA 6 11 5 ME MAINE 100 23 -77 MN MINNESOTA 290 717 427 MW MIDWESTERN 0 118 118 MS MISSISSIPPI 9 121 112 ND NORTH DAKOTA 84 71 -13 NI NIAGARA 14 20 6 NM NEW MEXICO 0 33 33 NT NORTH TEXAS 23 202 179 OH OHIO 0 35 35 OR OREGON 0 264 264 PC PACIFIC 95 496 401 PN PACIFIC NORTHWEST 1 0 -1 PV POTOMAC VALLEY 15 0 -15 SC SOUTH CAROLINA 2 15 13 SD SOUTH DAKOTA 0 3 3 SE SOUTHEASTERN 237 45 -192 SI SAN DIEGO-IMPERIAL 0 21 21 SR SNAKE RIVER 6 18 12 ST SOUTH TEXAS 0 81 81 UT UTAH 21 24 3 VA VIRGINIA 0 51 51 WT WEST TEXAS 0 28 28 WI WISCONSIN 82 1 -81 WV WEST VIRGINIA 0 5 5 WY WYOMING 7 104 97 TOTAL 1,967 7,413 5,446 SEASON 2 ATHLETE MEMBERSHIP 2020 VS. 2021 LSC CODE LSC NAME 2019 2020 INC./DEC. AZ ARIZONA 12 86 74 BD BORDER 0 17 17 CC CENTRAL CALIFORNIA 0 2 2 CO COLORADO 38 10 -28 GA GEORGIA 26 63 37 LA LOUISIANA 0 84 84 ME MAINE 3 63 60 MV MISSOURI VALLEY 1,245 2,214 969 ND NORTH DAKOTA 0 132 132 OH OHIO 91 0 -91 OK OKLAHOMA 0 1 1 OZ OZARK 3 0 -3 PC PACIFIC 1,205 11 -1,194 PN PACIFIC NORTHWEST 15 240 225 SD SOUTH DAKOTA 69 127 58 SE SOUTHEASTERN 25 17 -8 SR SNAKE RIVER 1 0 -1 UT UTAH 84 141 57 WI WISCONSIN 0 320 320 TOTAL 2,817 3,528 711 INDIVIDUAL SEASON ATHLETE MEMBERSHIP 2020 VS. 2021 LSC CODE LSC NAME 2020 2021 INC./DEC. AK ALASKA 11 12 1 CC CENTRAL CALIFORNIA 13 42 29 GU GULF 76 201 125 IA IOWA 189 275 86 IE INLAND EMPIRE 26 72 46 LE LAKE ERIE 34 151 117 MD MARYLAND 10 25 15 MI MICHIGAN 233 817 584 MT MONTANA 16 39 23 NM NEW MEXICO 0 6 6 NC NORTH CAROLINA 100 60 -40 OH OHIO 131 251 120 OZ OZARK 0 65 65 PC PACIFIC 9 0 -9 PV POTOMAC VALLEY 0 44 44 SD SOUTH DAKOTA 48 233 185 SE SOUTHEASTERN 57 44 -13 SN SIERRA NEVADA 297 484 187 SR SNAKE RIVER 1 1 0 VA VIRGINIA 7 0 -7 TOTAL 1,258 2,822 1,564 SEASONAL ATHLETE MEMBERSHIP SEASONAL ATHLETE MEMBERSHIP 2021 COMBINED SEASONAL ATHLETE MEMBERSHIP BY ZONE: CENTRAL6,740 EASTERN693 WESTERN4,197 SOUTHERN2,133 46 Page 198 of 235 30 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 31 New membership is defined as someone who has not been registered since 1994. Renewed membership is defined as someone who prior to registering for 2021 had been registered as any membership type in any year since 1994. Ages are calculated as of December 31, 2021. AGE NEW FEMALE RENEW FEMALE TOTAL FEMALE NEW MALE RENEW MALE TOTAL MALE GRAND TOTAL 8 & UNDER 259 103 362 251 85 336 698 9 112 88 200 77 78 155 355 10 99 124 223 80 87 167 390 11 89 139 228 82 86 168 396 12 57 145 202 81 88 169 371 13 61 125 186 53 83 136 322 14 39 102 141 27 93 120 261 15 16 85 101 24 64 88 189 16 23 72 95 16 60 76 171 17 12 78 90 12 63 75 165 18 8 46 54 11 38 49 103 19 & OVER 3 54 57 2 48 50 107 TOTAL 778 1,161 1,939 716 873 1,589 3,528 NEWS/RENEWS BY AGE GROUPS – 2021 SEASON 1 ATHLETE MEMBERSHIP NEWS/RENEWS BY AGE GROUPS – 2021 SEASON 2 ATHLETE MEMBERSHIP New membership is defined as someone who has not been registered since 1994. Renewed membership is defined as someone who prior to registering for 2020 had been registered as any membership type in any year since 1994. Ages are calculated as of December 31, 2021. AGE NEW FEMALE RENEW FEMALE TOTAL FEMALE NEW MALE RENEW MALE TOTAL MALE GRAND TOTAL 8 & UNDER 591 118 709 458 81 539 1,248 9 265 119 384 216 111 327 711 10 285 157 442 199 150 349 791 11 254 211 465 211 152 363 828 12 207 262 469 183 181 364 833 13 147 241 388 122 170 292 680 14 90 236 326 96 150 246 572 15 70 199 269 77 157 234 503 16 52 151 203 49 112 161 364 17 30 148 178 37 101 138 316 18 8 86 94 17 57 74 168 19 & OVER 18 203 221 16 162 178 399 TOTAL 2,017 2,131 4,148 1,681 1,584 3,265 7,413 2020 VS. 2021 SEASON 1 ATHLETE MEMBERSHIP 2020 VS. 2021 SEASON 2 ATHLETE MEMBERSHIP AGE 2019 FEMALE 2020 FEMALE INC./DEC.2019 MALE 2020 MALE INC./DEC 2019 TOTAL F/M 2020 TOTAL F/M INC./DEC. 8 & UNDER 69 709 640 43 539 496 112 1,248 1,136 9 74 384 310 32 327 295 106 711 605 10 89 442 353 67 349 282 156 791 635 11 113 465 352 65 363 298 178 828 650 12 102 469 367 89 364 275 191 833 642 13 104 388 284 76 292 216 180 680 500 14 108 326 218 79 246 167 187 572 385 15 83 269 186 76 234 158 159 503 344 16 63 203 140 49 161 112 112 364 252 17 82 178 96 56 138 82 138 316 178 18 74 94 20 43 74 31 117 168 51 19 & OVER 206 221 15 128 178 50 334 399 65 TOTAL 1,167 4,148 2,981 803 3,265 2,462 1,970 7,413 5,443 AGE 2019 FEMALE 2020 FEMALE INC./DEC.2019 MALE 2020 MALE INC./DEC 2019 TOTAL F/M 2020 TOTAL F/M INC./DEC. 8 & UNDER 132 362 230 116 336 220 248 698 450 9 143 200 57 109 155 46 252 355 103 10 184 223 39 139 167 28 323 390 67 11 171 228 57 161 168 7 332 396 64 12 170 202 32 143 169 26 313 371 58 13 188 186 -2 120 136 16 308 322 14 14 143 141 -2 134 120 -14 277 261 -16 15 119 101 -18 92 88 -4 211 189 -22 16 90 95 5 77 76 -1 167 171 4 17 83 90 7 66 75 9 149 165 16 18 60 54 -6 47 49 2 107 103 -4 19 & OVER 61 57 -4 69 50 -19 130 107 -23 TOTAL 1,544 1,939 395 1,273 1,589 316 2,817 3,528 711 SEASONAL ATHLETE MEMBERSHIP SEASONAL ATHLETE MEMBERSHIP 47 Page 199 of 235 32 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 33 New membership is defined as someone who has not been registered since 1994. Renewed membership is defined as someone who prior to registering for 2021 had been registered as any membership type in any year since 1994. Ages are calculated as of December 31, 2021. AGE NEW FEMALE RENEW FEMALE TOTAL FEMALE NEW MALE RENEW MALE TOTAL MALE GRAND TOTAL 8 & UNDER 153 22 175 122 23 145 320 9 94 33 127 68 31 99 226 10 83 68 151 60 43 103 254 11 84 73 157 55 61 116 273 12 69 96 165 54 60 114 279 13 67 107 174 28 72 100 274 14 45 100 145 39 77 116 261 15 32 95 127 33 68 101 228 16 25 82 107 42 69 111 218 17 9 72 81 12 58 70 151 18 6 55 61 12 39 51 112 19 & OVER 10 110 120 14 92 106 226 TOTAL 677 913 1,590 539 693 1,232 2,822 2020 VS. 2021 INDIVIDUAL SEASON ATHLETE MEMBERSHIP AGE 2019 FEMALE 2020 FEMALE INC./DEC.2019 MALE 2020 MALE INC./DEC 2019 TOTAL F/M 2020 TOTAL F/M INC./DEC. 8 & UNDER 21 175 154 25 145 120 46 320 274 9 32 127 95 24 99 75 56 226 170 10 58 151 93 40 103 63 98 254 156 11 63 157 94 52 116 64 115 273 158 12 63 165 102 57 114 57 120 279 159 13 75 174 99 38 100 62 113 274 161 14 59 145 86 44 116 72 103 261 158 15 54 127 73 42 101 59 96 228 132 16 66 107 41 32 111 79 98 218 120 17 46 81 35 37 70 33 83 151 68 18 53 61 8 45 51 6 98 112 14 19 & OVER 136 120 -16 96 106 10 232 226 -6 TOTAL 726 1,590 864 532 1,232 700 1,258 2,822 1,564 NEWS/RENEWS BY AGE GROUPS 2021 COMBINED SEASONAL ATHLETE MEMBERSHIP (includes Season 1, Season 2 and Individual Season) New membership is defined as someone who has not been registered since 1994. Renewed membership is defined as someone who prior to registering for 2021 had been registered as any membership type in any year since 1994. Ages are calculated as of December 31, 2021. The average age of a seasonal athlete is 12. AGE NEWFEMALE RENEWFEMALE TOTALFEMALE % OF TOTAL ATHLETES NEWMALE RENEWMALE TOTALMALE % OF TOTAL ATHLETES GRAND TOTAL % OF TOTAL ATHLETES 8 & UNDER 1,003 243 1,246 9.1%831 189 1,020 7.4%2,266 16.5% 9 471 240 711 5.2%361 220 581 4.2%1,292 9.4% 10 467 349 816 5.9%339 280 619 4.5%1,435 10.4% 11 427 423 850 6.2%348 299 647 4.7%1,497 10.9% 12 333 503 836 6.1%318 329 647 4.7%1,483 10.8% 13 275 473 748 5.4%203 325 528 3.8%1,276 9.3% 14 174 438 612 4.4%162 320 482 3.5%1,094 7.9% 15 118 379 497 3.6%134 289 423 3.1%920 6.7% 16 100 305 405 2.9%107 241 348 2.5%753 5.5% 17 51 298 349 2.5%61 222 283 2.1%632 4.6% 18 22 187 209 1.5%40 134 174 1.3%383 2.8% 19 & OVER 31 367 398 2.9%32 302 334 2.4%732 5.3% TOTAL 3,472 4,205 7,677 55.8%2,936 3,150 6,086 44.2%13,763 2020 VS. 2021 COMBINED SEASONAL ATHLETE MEMBERSHIP (includes Season 1, Season 2 and Individual Season) AGE 2019 FEMALE 2020 FEMALE INC./DEC.2019 MALE 2020 MALE INC. /DEC 2019 TOTAL F/M 2020 TOTAL F/M INC./DEC. 8 & UNDER 222 1,246 1,024 184 1,020 836 406 2,266 1,860 9 249 711 462 165 581 416 414 1,292 878 10 331 816 485 246 619 373 577 1,435 858 11 347 850 503 278 647 369 625 1,497 872 12 335 836 501 289 647 358 624 1,483 859 13 367 748 381 234 528 294 601 1,276 675 14 310 612 302 257 482 225 567 1,094 527 15 256 497 241 210 423 213 466 920 454 16 219 405 186 158 348 190 377 753 376 17 211 349 138 159 283 124 370 632 262 18 187 209 22 135 174 39 322 383 61 19 & OVER 403 398 -5 293 334 41 696 732 36 TOTAL 3,437 7,677 4,240 2,608 6,086 3,478 6,045 13,763 7,718 NEWS/RENEWS BY AGE GROUPS 2021 INDIVIDUAL SEASON ATHLETE MEMBERSHIP SEASONAL ATHLETE MEMBERSHIP SEASONAL ATHLETE MEMBERSHIP 48 Page 200 of 235 34 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 35 2021 SEASONAL ATHLETE MEMBERS WITH A DISABILITY (includes Season 1, Season 2 and Individual Season) Athletes are asked, but not mandated, to provide disability information on the registration form. 2021 SEASONAL ATHLETE MEMBERS WITH A DISABILITY (includes Season 1, Season 2 and Individual Season) Athletes are asked, but not mandated, to provide disability information on the registration form. BLIND OR VISUALLY IMPAIRED DEAF ORHARD OF HEARING PHYSICAL DISABILITY COGNITIVE DISABILITY NO. OF ATHLETESLSC CODE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE AD ADIRONDACK 0 0 0 0 1 0 0 0 1 AK ALASKA 0 0 0 0 0 0 1 1 2 AM ALLEGHENY MOUNTAIN 0 0 0 0 0 0 0 0 0 AR ARKANSAS 0 0 0 0 0 0 0 0 0 AZ ARIZONA 0 0 0 0 0 0 0 0 0 BD BORDER 0 0 0 0 0 0 0 0 0 CA SOUTHERN CALIFORNIA 0 3 0 1 2 1 2 3 11 CC CENTRAL CALIFORNIA 2 2 0 0 0 0 0 1 5 CO COLORADO 0 1 2 0 5 0 3 3 12 CT CONNECTICUT 0 2 0 0 0 1 0 0 3 FG FLORIDA GOLD COAST 0 0 0 0 0 0 0 0 0 FL FLORIDA 3 2 1 1 1 1 0 6 15 GA GEORGIA 0 1 0 0 1 0 1 2 5 GU GULF 1 2 0 0 0 0 1 0 4 HI HAWAIIAN 0 0 0 0 0 0 0 0 0 IA IOWA 0 1 2 3 2 3 1 1 12 IE INLAND EMPIRE 0 0 0 0 0 0 0 0 0 IL ILLINOIS 0 0 0 0 0 0 0 0 0 IN INDIANA 1 4 2 0 2 0 2 6 17 KY KENTUCKY 0 0 0 0 0 0 0 0 0 LA LOUISIANA 0 0 0 1 0 0 1 1 2 LE LAKE ERIE 0 0 0 1 0 0 1 0 2 MA MIDDLE ATLANTIC 0 0 0 0 0 0 0 0 0 MD MARYLAND 0 0 0 0 0 0 0 0 0 ME MAINE 0 0 0 1 0 0 0 0 1 MI MICHIGAN 1 0 1 3 2 0 1 5 13 MN MINNESOTA 0 0 2 2 1 0 2 6 13 MR METROPOLITAN 0 0 0 0 0 0 0 0 0 MS MISSISSIPPI 0 0 0 0 0 0 0 0 0 MT MONTANA 0 0 0 0 0 0 0 0 0 BLIND OR VISUALLY IMPAIRED DEAF ORHARD OF HEARING PHYSICAL DISABILITY COGNITIVE DISABILITY NO. OF ATHLETESLSC CODE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE MV MISSOURI VALLEY 1 2 2 0 3 0 1 2 10 MW MIDWESTERN 0 0 0 0 0 0 1 0 1 NC NORTH CAROLINA 0 0 0 0 0 0 0 1 1 ND NORTH DAKOTA 0 1 0 0 1 1 0 1 4 NE NEW ENGLAND 0 0 0 0 0 0 0 0 0 NI NIAGARA 0 0 0 0 0 0 0 0 0 NJ NEW JERSEY 0 0 0 0 0 0 0 0 0 NM NEW MEXICO 1 0 0 0 1 0 0 0 2 NT NORTH TEXAS 0 0 0 0 1 0 0 1 2 OH OHIO 1 0 0 0 2 1 1 1 5 OK OKLAHOMA 0 0 0 0 0 0 0 0 0 OR OREGON 0 0 0 0 0 0 0 0 0 OZ OZARK 0 0 0 0 0 0 0 0 0 PC PACIFIC 0 0 1 0 0 0 0 1 2 PN PACIFIC NORTHWEST 1 0 1 0 0 1 0 0 3 PV POTOMAC VALLEY 0 0 0 1 0 0 0 0 1 SC SOUTH CAROLINA 0 0 0 0 0 0 0 0 0 SD SOUTH DAKOTA 0 0 1 1 0 1 0 0 3 SE SOUTHEASTERN 0 0 0 0 0 0 0 1 1 SI SAN DIEGO-IMPERIAL 0 0 0 0 0 0 0 0 0 SN SIERRA NEVADA 1 5 1 2 3 1 1 4 18 SR SNAKE RIVER 0 0 0 0 1 0 0 0 1 ST SOUTH TEXAS 0 1 0 0 0 0 0 0 1 UT UTAH 0 0 0 0 0 0 0 1 1 VA VIRGINIA 0 0 0 0 0 1 0 0 1 WI WISCONSIN 0 0 0 0 1 1 3 1 6 WT WEST TEXAS 0 0 0 1 0 0 0 1 2 WV WEST VIRGINIA 0 0 0 0 0 0 0 0 0 WY WYOMING 0 1 1 0 0 0 0 0 2 TOTAL 13 28 17 18 30 13 23 50 185 SEASONAL ATHLETE MEMBERSHIP SEASONAL ATHLETE MEMBERSHIP 49 Page 201 of 235 36 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 37 2021 SEASONAL ATHLETE MEMBERSHIP – ETHNICITY (includes Season 1, Season 2 and Individual Season) Athletes are asked, but not mandated, to provide ethnicity information on the registration form. 2021 SEASONAL ATHLETE MEMBERSHIP – ETHNICITY (includes Season 1, Season 2 and Individual Season) Athletes are asked, but not mandated, to provide ethnicity information on the registration form. LSC CODE AFRICAN AMERICAN OR BLACK AMER. IND. ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAW. ANDOTHER PAC. ISL.WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE AD ADIRONDACK 2 0 0 0 7 6 0 0 0 0 44 23 0 0 9 1 56 53 AK ALASKA 1 1 0 1 0 1 0 0 0 0 2 2 0 0 0 0 3 1 AM ALLEGHENY MOUNTAIN 0 0 0 0 2 1 0 0 0 0 19 16 0 0 0 0 24 19 AR ARKANSAS 0 0 0 0 1 1 3 0 0 0 4 2 1 0 2 0 1 0 AZ ARIZONA 3 2 0 0 0 2 1 2 0 0 15 20 0 1 9 6 13 12 BD BORDER 0 0 0 0 0 0 4 2 0 0 0 2 0 0 1 1 2 5 CA SOUTHERN CALI- FORNIA 4 2 1 0 58 77 42 33 3 2 110 101 9 7 55 54 308 279 CC CENTRAL CALI- FORNIA 5 1 0 0 0 1 3 3 0 0 19 6 1 0 2 0 15 4 CO COLORADO 1 1 1 1 6 6 9 8 0 0 244 175 3 0 21 17 249 151 CT CONNECTICUT 1 2 0 0 7 8 2 4 0 0 61 34 0 0 6 2 29 29 FL FLORIDA 6 5 0 0 7 8 16 12 0 0 307 229 3 3 23 26 223 166 GA GEORGIA 2 1 0 0 3 7 4 9 0 0 59 37 0 0 5 7 15 20 GU GULF 3 2 1 0 13 11 7 7 0 0 29 28 1 0 6 5 45 43 HI HAWAIIAN 0 0 0 0 1 1 1 2 0 0 9 3 0 0 1 1 10 3 IA IOWA 4 2 1 1 3 2 4 4 0 0 226 175 1 0 9 4 88 63 IE INLAND EMPIRE 0 0 0 0 0 0 0 1 0 0 35 17 0 0 3 4 4 8 IN INDIANA 16 15 0 0 12 16 16 17 0 0 293 231 7 4 29 24 115 87 KY KENTUCKY 0 0 0 0 1 1 1 1 0 0 3 3 0 0 0 0 2 2 LA LOUISIANA 0 0 0 0 0 0 0 0 0 0 4 5 0 0 0 0 39 47 LE LAKE ERIE 0 0 0 0 3 1 2 3 0 0 36 32 0 0 2 1 39 32 MD MARYLAND 0 0 0 0 0 0 0 1 0 1 10 6 0 1 2 1 1 2 ME MAINE 1 0 0 0 1 0 1 0 0 0 29 23 0 0 2 2 16 11 MI MICHIGAN 5 7 1 1 17 22 1 5 1 0 209 137 4 1 20 17 197 172 MN MINNESOTA 0 0 0 0 13 9 2 2 0 0 195 113 1 1 12 6 228 135 MS MISSISSIPPI 3 6 0 0 3 3 1 0 1 0 25 19 1 1 3 2 24 29 MT MONTANA 0 0 1 0 0 0 0 0 0 0 4 4 0 0 0 0 15 15 MV MISSOURI VALLEY 5 2 1 2 0 4 32 17 1 1 337 249 0 0 21 16 831 695 MW MIDWESTERN 0 0 0 0 0 0 0 1 0 0 39 20 0 0 0 0 38 20 NC NORTH CARO-0 0 0 0 0 0 0 2 0 0 16 6 0 0 0 2 17 17 ND NORTH DAKOTA 1 1 2 1 1 2 1 0 0 0 80 60 0 0 2 5 28 19 LSC CODE AFRICAN AMERICAN OR BLACK AMER. IND. ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAW. ANDOTHER PAC. ISL.WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE NI NIAGARA 1 0 0 0 0 1 0 1 0 1 3 8 0 0 2 0 1 2 NM NEW MEXICO 2 1 0 0 0 3 4 3 1 0 10 10 0 0 0 2 2 1 NT NORTH TEXAS 4 3 0 1 18 33 2 9 0 0 40 29 0 2 10 4 21 26 OH OHIO 3 2 0 0 7 12 1 3 0 0 86 55 2 0 6 4 63 42 OK OKLAHOMA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 OR OREGON 0 0 1 0 2 0 3 0 0 0 37 25 0 0 7 5 91 93 OZ OZARK 0 5 0 0 4 3 1 2 0 0 16 17 0 0 1 3 3 10 PC PACIFIC 2 2 0 2 23 17 32 24 0 1 84 65 12 6 28 23 92 94 PN PACIFIC NORTH-1 1 2 0 16 22 0 1 0 0 41 40 0 2 12 6 39 57 PV POTOMAC VAL-2 3 0 0 6 17 0 1 0 0 5 2 0 1 1 1 3 2 SC SOUTH CARO- LINA 0 0 0 0 0 0 0 0 0 0 4 7 0 0 0 0 2 2 SD SOUTH DAKOTA 1 0 3 1 0 1 2 1 0 0 91 55 0 1 1 4 125 77 SE SOUTHEASTERN 2 0 0 0 1 0 0 1 0 0 44 21 0 0 0 0 19 18 SI SAN DIEGO-0 0 0 0 1 3 0 0 0 0 7 0 0 0 3 1 3 3 SN SIERRA NEVADA 2 3 3 0 4 9 7 7 1 1 68 70 1 3 23 17 160 105 SR SNAKE RIVER 0 0 0 0 0 1 0 0 0 0 8 8 0 0 1 0 0 1 ST SOUTH TEXAS 2 2 2 0 1 0 6 15 0 0 8 11 1 2 8 13 4 6 UT UTAH 0 0 0 0 1 3 1 1 0 1 65 46 0 0 1 1 28 17 VA VIRGINIA 2 1 0 0 1 1 0 1 0 0 15 7 0 0 1 3 10 9 WI WISCONSIN 1 0 0 1 4 5 4 2 0 0 140 94 1 0 5 2 33 29 WT WEST TEXAS 0 0 0 0 3 0 3 4 0 0 8 8 0 0 1 0 1 0 WV WEST VIRGINIA 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 3 WY WYOMING 0 0 0 1 0 0 1 0 0 0 39 26 0 1 2 1 24 9 TOTAL 88 73 20 13 251 321 220 212 8 8 3,283 2,383 49 37 358 294 3,400 2,745 % OF TOTAL SEASONAL ATHLETES (13,763).6%.5%.1%.1%1.8%2.3%1.6%1.5%.1%.1%23.9%17.3%.4%.3%2.6%2.1%24.7%19.9% SEASONAL ATHLETE MEMBERSHIP SEASONAL ATHLETE MEMBERSHIP NOTE: 44.6% of athletes did not respond to the ethnicity question on their registration form. Response to this question is not mandatory. 50 Page 202 of 235 38 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 39 USA SWIMMING 2019 MEMBERSHIP DEMOGRAPHICS REPORT At the option of the Local Swimming Committee (LSC), single- meet open water athlete membership may be offered for the specific date(s) of an open water competition(s). The athlete must compete unattached. Single-meet open water athletes may compete in USA Swimming competitions below the Zone Championship level. All single-meet open water athletes join USA Swimming through their LSC, one of 59 local organizations responsible for administering USA Swimming activities in a defined geographical area. Within each LSC, a designated Registration/Membership Chair is responsible for providing athlete information and applications to all interested individuals. There is no limit to how many times an athlete can join as a single-meet open water member during a given registration year. Single-meet open water membership is valid for a period of three days. Single-meet open water membership provides liability and secondary accident medical insurance coverage for the designated period of the membership. 2020 VS. 2021 SINGLE-MEET OPEN WATER ATHLETE MEMBERSHIP LSC CODE LSC NAME 2020 2021 INC./DEC. CA SOUTHERN CALIFORNIA 0 1 1 CO COLORADO 10 2 -8 CT CONNECTICUT 0 4 4 GU GULF 5 0 -5 MA MIDDLE ATLANTIC 0 1 1 MR METROPOLITAN 12 0 -12 MN MINNESOTA 0 1 1 NC NORTH CAROLINA 5 3 -2 SC SOUTH CAROLINA 0 14 14 SD SOUTH DAKOTA 0 1 1 TOTAL 32 27 -5 For registration year 2021, number of LSCs with single-meet open water memberships – 8 NEWS/RENEWS BY AGE GROUPS 2021 SINGLE-MEET OPEN WATER ATHLETE MEMBERSHIP AGE NEW FEMALE RENEW FEMALE TOTAL FEMALE NEW MALE RENEW MALE TOTAL MALE GRAND TOTAL 10 1 0 1 0 0 0 1 14 0 1 1 0 0 0 1 17 0 0 0 0 1 1 1 19 & OVER 3 9 12 2 10 12 24 TOTAL 4 10 14 2 11 13 27 New membership is defined as someone who has not been registered since 1994. Renewed membership is defined as someone who prior to registering for 2021 had been registered as any membership type in any year since 1994. Ages are calculated as of December 31, 2021. 2020 VS. 2021 SINGLE-MEET OPEN WATER ATHLETE MEMBERSHIP AGE 2020 FEMALE 2021 FEMALE INC./DEC.2020 MALE 2021 MALE INC. /DEC.2020 TOTAL F/M 2021 TOTAL F/M INC. /DEC. 10 0 1 1 0 0 0 0 1 1 13 0 0 0 1 0 -1 1 0 -1 14 0 1 1 0 0 0 0 1 1 17 0 0 0 0 1 1 0 1 1 18 0 0 0 1 0 -1 1 0 -1 19 & OVER 16 12 -4 14 12 -2 30 24 -6 TOTAL 16 14 -2 16 13 -3 32 27 -5 2021 SINGLE-MEET OPEN WATER ATHLETE MEMBERS WITH A DISABILITY Athletes are asked, but not mandated, to provide disability information on the registration form LSC CODE BLIND OR VISUALLY IMPAIRED DEAF ORHARD OF HEARING PHYSICAL DISABILITY COGNITIVE DISABILITY NO. OF ATHLETESLSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE TOTAL 0 0 0 0 0 0 0 0 0 Single-Meet Open Water Athlete Membership SINGLE-MEET OPEN WATER ATHLETE MEMBERSHIP 51 Page 203 of 235 40 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 41 USA SWIMMING 2019 MEMBERSHIP DEMOGRAPHICS REPORT 2021 SINGLE-MEET MEMBERSHIP – ETHNICITY Athletes are asked, but not mandated, to provide ethnicity information on the registration form. LSC CODE AFRICAN AMERICAN OR BLACK AMER. IND. ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAW. ANDOTHER PAC. ISL.WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE CA SOUTHERN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 CO COLORADO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 CT CONNECTICUT 0 0 0 0 0 0 0 0 0 0 1 2 0 0 0 0 1 0 MA MIDDLE ATLANTIC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 MN MINNESOTA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 NC NORTH CAROLINA 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 1 0 SC SOUTH CAROLINA 0 0 0 0 0 0 0 1 0 0 7 5 0 0 0 0 0 1 SD SOUTH DAKOTA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 TOTAL 0 0 0 0 0 0 0 1 0 0 9 8 0 0 1 1 4 3 % OF TOTAL SEASONAL ATHLETES (27) 0%0%0%0%0%0%0%3.7%0%0%33.3%29.6%0%0%3.7%3.7%14.8%11.1% All clubs join USA Swimming through their Local Swimming Committee (LSC), one of 59 local organizations responsible for administering USA Swimming activities in a defined geographical area. Within each LSC, a designated Registration/ Membership Chair is responsible for providing information and applications to all interested groups. Year-round club membership is for a calendar year period (January - December). New club memberships processed on or after September 1 are valid through December 31 of the following year. All USA Swimming registered year-round clubs have liability insurance coverage. LSC CODE LSC NAME 2020 2021 INC./DEC. AD ADIRONDACK 30 23 -7 AK ALASKA 27 24 -3 AM ALLEGHENY MOUNTAIN 49 44 -5 AR ARKANSAS 16 16 0 AZ ARIZONA 48 48 0 BD BORDER 8 8 0 CA SOUTHERN CALIFORNIA 167 145 -22 CC CENTRAL CALIFORNIA 14 13 -1 CO COLORADO 73 65 -8 CT CONNECTICUT 67 64 -3 FG FLORIDA GOLD COAST 60 55 -5 FL FLORIDA 96 102 6 GA GEORGIA 60 57 -3 GU GULF 61 53 -8 HI HAWAIIAN 30 29 -1 IA IOWA 34 33 -1 IE INLAND EMPIRE 17 16 -1 IL ILLINOIS 114 106 -8 IN INDIANA 112 110 -2 KY KENTUCKY 28 27 -1 LA LOUISIANA 27 26 -1 LE LAKE ERIE 42 39 -3 MA MIDDLE ATLANTIC 143 122 -21 MD MARYLAND 45 45 0 ME MAINE 23 16 -7 MI MICHIGAN 81 75 -6 MN MINNESOTA 66 59 -7 MR METROPOLITAN 88 74 -14 MS MISSISSIPPI 12 11 -1 MT MONTANA 16 15 -1 LSC CODE LSC NAME 2020 2021 INC./DEC. MV MISSOURI VALLEY 45 46 1 MW MIDWESTERN 32 31 -1 NC NORTH CAROLINA 84 78 -6 ND NORTH DAKOTA 14 14 0 NE NEW ENGLAND 99 84 -15 NI NIAGARA 75 51 -24 NJ NEW JERSEY 73 57 -16 NM NEW MEXICO 23 22 -1 NT NORTH TEXAS 27 26 -1 OH OHIO 69 61 -8 OK OKLAHOMA 18 17 -1 OR OREGON 60 56 -4 OZ OZARK 27 21 -6 PC PACIFIC 115 102 -13 PN PACIFIC NORTHWEST 57 45 -12 PV POTOMAC VALLEY 50 44 -6 SC SOUTH CAROLINA 32 28 -4 SD SOUTH DAKOTA 16 19 3 SE SOUTHEASTERN 75 68 -7 SI SAN DIEGO-IMPERIAL 32 27 -5 SN SIERRA NEVADA 50 47 -3 SR SNAKE RIVER 11 10 -1 ST SOUTH TEXAS 46 46 0 UT UTAH 32 32 0 VA VIRGINIA 46 40 -6 WI WISCONSIN 66 59 -7 WT WEST TEXAS 7 8 1 WV WEST VIRGINIA 12 13 1 WY WYOMING 23 22 -1 TOTAL 2,970 2,694 -276 Of the 2,694 year-round clubs registered in 2021, 42 are “organizations.” Organizations are group members which conduct a program in swimming (schools, recreation districts, swim leagues, YMCA, AAU, zone of LSCs) which may also have USA Swimming member clubs within its program; other groups which are composed of persons joined together in support of swimming or some aspect of it (Rotary Club, Boy Scouts, athletic clubs, Chamber of Commerce, city government) or anyone who evidences an interest in the sport of swimming and wishes to support it. Organizations do not have athletes, coaches, or insurance coverage. SEASONAL ATHLETE MEMBERSHIPYEAR-ROUND CLUB MEMBERSHIP BY LSC – 2020 VS. 2021 Year-Round Club Membership NOTE: 25.9% of athletes did not respond to the ethnicity question on their registration form. Response to this question is not mandatory. SINGLE-MEET OPEN WATER ATHLETE MEMBERSHIP MIKE LEWIS / USA SWIMMING 52 Page 204 of 235 42 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 43 USA SWIMMING 2019 MEMBERSHIP DEMOGRAPHICS REPORT COUNT OF YEAR-ROUND CLUBS BY NUMBER OF YEAR-ROUND ATHLETE MEMBERS REGISTERED FOR 2021 NO. OF MEMBERS NO. OF CLUBS % OF TOTAL CLUBS TOTAL MEMBERS % OF TOTAL MEMBERS AVG. NO. OF MEMBERS PER CLUB 1 TO 50 923 36.9%21,658 7.8%23 51 TO 100 634 25.3%46,357 16.8%73 101 TO 150 365 14.6%44,858 16.2%122 151 TO 200 186 7.4%32,295 11.7%173 201 TO 250 149 6.0%33,185 12.0%222 251 TO 500 202 8.1%66,213 24.0%327 501 TO 1000 39 1.6%26,129 9.5%669 1001 OR MORE 4 0.2%5,517 2.0%1,379 TOTAL 2,502 276,212 110 At the option of the LSC, seasonal club membership may be offered for one or two periods of not more than 150 days per period. The seasonal membership program offers a competitive swimming program to clubs who have athletes that swim for only part of the year. They may compete in USA Swimming competitions below the Zone Championship level. All clubs join USA Swimming through their Local Swimming Committee (LSC), one of 59 local organizations responsible for administering USA Swimming activities in a defined geographical area. Within each LSC, a designated Registration/Membership Chair is responsible for providing information and applications to all interested groups. All USA Swimming registered seasonal clubs have liability insurance coverage for the designated period of the membership. SEASON 1 CLUB MEMBERSHIP BY LSC – 2020 VS. 2021 SEASON 2 CLUB MEMBERSHIP BY LSC – 2020 VS. 2021 LSC CODE LSC NAME 2020 2021 INC./DEC. AD ADIRONDACK 0 2 2 CA SOUTHERN CALIFORNIA 1 2 1 CO COLORADO 10 20 10 FL FLORIDA 3 11 8 GA GEORGIA 13 10 -3 IA IOWA 0 3 3 ME MAINE 1 0 -1 MN MINNESOTA 0 1 1 NM NEW MEXICO 0 1 1 OR OREGON 0 3 3 PC PACIFIC 0 1 1 SE SOUTHEASTERN 5 2 -3 SI SAN DIEGO-IMPERIAL 1 0 -1 TOTAL 34 56 22 LSC CODE LSC NAME 2019 2020 INC./DEC. BD BORDER 0 1 1 CO COLORADO 1 1 0 GA GEORGIA 8 9 1 LA LOUISIANA 0 1 1 MV MISSOURI VALLEY 14 17 3 OH OHIO 2 1 -1 PC PACIFIC 2 0 -2 PN PACIFIC NORTHWEST 0 1 1 SD SOUTH DAKOTA 1 3 2 TOTAL 28 34 6 Number of of LSCs with one seasonal club membership period only: 10 Number of LSCs with two seasonal club membership periods: 2 Number of LSCs with no seasonal club memberships: 47 Seasonal Club Membership YEAR-ROUND CLUB MEMBERSHIP MIKE LEWIS / USA SWIMMING 53 Page 205 of 235 44 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 45 All non-athletes join USA Swimming through their Local Swimming Committee (LSC), one of 59 local organizations responsible for administering USA Swimming activities in a defined geographical area. Within each LSC, a designated Registration/Membership Chair is responsible for providing information and applications to all interested individuals. Non-athlete membership is for a calendar year period (January - December). New non-athlete memberships processed on or after September 1 are valid through December 31 of the following year. Non-athlete members are coaches, jr. coaches, officials, board members, parents and other individuals who do not swim. Non- athlete members can be designated as one or more registration types; coach/official, coach/official/other, and official/other. All non-athlete membership categories provide liability and secondary accident medical insurance coverage. In addition, members receive complimentary issues of Splash (when in circulation), the official USA Swimming magazine. 0 200 400 600 800 1000 WYWVWTWIVAUTUSSTSRSNSI SESDSCPVPNPCOZOROKOHNTNMNJNINENDNCMWMVMTMSMRMNMIMEMDMALELAKYINILIEIAHIGUGAFLFGCTCOCCCABDAZARAMAKAD NUMBER OF MEMBERS NON-ATHLETE MEMBERSHIP BY LSC – 2020 VS. 2021Non-athlete Membership 2020 2021 MIKE LEWIS / USA SWIMMING 54 Page 206 of 235 46 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 47 NON-ATHLETE MEMBERSHIP BY LSC – 2020 VS. 2021 LSC CODE LSC NAME 2020 2021 INC./DEC. AD ADIRONDACK 301 189 -112 AK ALASKA 356 350 -6 AM ALLEGHENY MOUNTAIN 487 435 -52 AR ARKANSAS 257 254 -3 AZ ARIZONA 507 602 95 BD BORDER 97 103 6 CA SOUTHERN CALIFORNIA 1,294 1,286 -8 CC CENTRAL CALIFORNIA 138 129 -9 CO COLORADO 855 983 128 CT CONNECTICUT 677 605 -72 FG FLORIDA GOLD COAST 391 447 56 FL FLORIDA 1,075 1,158 83 GA GEORGIA 683 652 -31 GU GULF 979 921 -58 HI HAWAIIAN 361 317 -44 IA IOWA 438 539 101 IE INLAND EMPIRE 289 277 -12 IL ILLINOIS 1,794 1,738 -56 IN INDIANA 1,431 1,498 67 KY KENTUCKY 352 344 -8 LA LOUISIANA 281 258 -23 LE LAKE ERIE 275 298 23 MA MIDDLE ATLANTIC 1,394 1,242 -152 MD MARYLAND 822 617 -205 ME MAINE 202 157 -45 MI MICHIGAN 608 534 -74 MN MINNESOTA 926 987 61 MR METROPOLITAN 962 764 -198 MS MISSISSIPPI 138 161 23 MT MONTANA 181 206 25 MV MISSOURI VALLEY 663 893 230 LSC CODE LSC NAME 2020 2021 INC./DEC. MW MIDWESTERN 320 370 50 NC NORTH CAROLINA 1,192 1,183 -9 ND NORTH DAKOTA 272 254 -18 NE NEW ENGLAND 1,111 970 -141 NI NIAGARA 735 619 -116 NJ NEW JERSEY 1,013 731 -282 NM NEW MEXICO 232 200 -32 NT NORTH TEXAS 527 532 5 OH OHIO 763 742 -21 OK OKLAHOMA 248 257 9 OR OREGON 892 756 -136 OZ OZARK 397 362 -35 PC PACIFIC 1,362 1,443 81 PN PACIFIC NORTHWEST 824 738 -86 PV POTOMAC VALLEY 1,218 1,037 -181 SC SOUTH CAROLINA 432 473 41 SD SOUTH DAKOTA 203 230 27 SE SOUTHEASTERN 941 868 -73 SI SAN DIEGO-IMPERIAL 311 315 4 SN SIERRA NEVADA 530 572 42 SR SNAKE RIVER 140 153 13 ST SOUTH TEXAS 526 538 12 US USA SWIMMING 147 151 4 UT UTAH 432 432 0 VA VIRGINIA 967 989 22 WI WISCONSIN 891 841 -50 WT WEST TEXAS 94 101 7 WV WEST VIRGINIA 89 71 -18 WY WYOMING 277 278 1 TOTAL 36,300 35,150 -1,150 BREAKDOWN, BY CATEGORY, OF NON-ATHLETE MEMBERS REGISTERED IN 2021 INDIVIDUAL 34,562 LIFE – NEW 29 LIFE – FROM PRIOR YEARS 559 35,150 2021 COACHES & OFFICIALS (included in the non-athlete membership totals on page 46) LSC CODE LSC NAME PART-TIME COACH FULL-TIME COACH TOTAL COACH OFFICIALS AD ADIRONDACK 98 11 109 43 AK ALASKA 95 25 120 188 AM ALLEGHENY MOUNTAIN 179 49 228 108 AR ARKANSAS 76 19 95 111 AZ ARIZONA 232 87 319 208 BD BORDER 55 0 55 39 CA SOUTHERN CALIFORNIA 561 267 828 178 CC CENTRAL CALIFORNIA 57 16 73 38 CO COLORADO 306 136 442 427 CT CONNECTICUT 209 79 288 287 FG FLORIDA GOLD COAST 181 80 261 206 FL FLORIDA 491 174 665 427 GA GEORGIA 191 160 351 269 GU GULF 261 150 411 334 HI HAWAIIAN 154 10 164 128 IA IOWA 237 40 277 194 IE INLAND EMPIRE 102 11 113 117 IL ILLINOIS 671 174 845 683 IN INDIANA 666 56 722 561 KY KENTUCKY 77 33 110 189 LA LOUISIANA 112 37 149 113 LE LAKE ERIE 186 17 203 49 MA MIDDLE ATLANTIC 552 123 675 474 MD MARYLAND 215 43 258 201 ME MAINE 37 21 58 79 MI MICHIGAN 292 86 378 79 MN MINNESOTA 402 93 495 330 MR METROPOLITAN 416 40 456 290 MS MISSISSIPPI 54 11 65 73 MT MONTANA 65 11 76 94 MV MISSOURI VALLEY 318 36 354 456 LSC CODE LSC NAME PART-TIME COACH FULL-TIME COACH TOTAL COACH OFFICIALS MW MIDWESTERN 177 18 195 127 NC NORTH CAROLINA 366 209 575 495 ND NORTH DAKOTA 96 5 101 109 NE NEW ENGLAND 379 125 504 445 NI NIAGARA 271 24 295 222 NJ NEW JERSEY 325 49 374 344 NM NEW MEXICO 100 10 110 82 NT NORTH TEXAS 140 94 234 211 OH OHIO 301 81 382 315 OK OKLAHOMA 113 17 130 84 OR OREGON 176 59 235 379 OZ OZARK 126 34 160 170 PC PACIFIC 378 208 586 539 PN PACIFIC NORTHWEST 172 76 248 338 PV POTOMAC VALLEY 411 108 519 484 SC SOUTH CAROLINA 161 50 211 182 SD SOUTH DAKOTA 69 12 81 118 SE SOUTHEASTERN 289 109 398 392 SI SAN DIEGO-IMPERIAL 110 54 164 99 SN SIERRA NEVADA 151 51 202 297 SR SNAKE RIVER 59 10 69 55 ST SOUTH TEXAS 217 83 300 218 US USA SWIMMING 5 0 5 0 UT UTAH 181 21 202 207 VA VIRGINIA 295 117 412 435 WI WISCONSIN 333 81 414 327 WT WEST TEXAS 59 7 66 29 WV WEST VIRGINIA 32 11 43 28 WY WYOMING 111 5 116 123 TOTAL 13,151 3,823 16,974 13,827 PART-TIME 13,151 (77.5% of total coaches) FEMALE 8,601 (50.7% of total coaches) NON-ATHLETE MEMBERSHIPNON-ATHLETE MEMBERSHIP FEMALE 6,489 (46.9% of total officials) COACHES FULL-TIME 3,823 (22.5% of total coaches) MALE 8,373 (49.3% of total coaches) MALE 7,338 (53.1% of total officials) OFFICIALS 55 Page 207 of 235 48 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 49 SOUTH TEXAS WEST TEXAS NORTH TEXAS LOUISIANAGULF BO R D E R MISSISSIPPI GEORGIA FLORIDA KENTUCKY SOUTHCAROLINA NORTH CAROLINA FLORIDAGOLDCOAST SOU T H E A S T E RN WESTVIRGINIA VIRGINIA MARYLAND POTOMAC VALLEY MIDDLEATLANTIC ALL E G H E N Y MO U NTAIN NIAGARA A D I R O N D A C K NEWENGLAND MAINE NEW JERSEY METROPOLITAN CONNECTICUT ALASKA HAWAIIAN LAKE ERIE INDIANA MICHIGAN WISCONSIN ILLINOIS MINNESOTA NORTH DAKOTA IOWA SOUTH DAKOTA MIDWESTERN MISSOURI VALLEY OZARK ARKANSAS OKLAHOMA MONTANA WYOMING COLORADO NEW MEXICOARIZONA UTAH SOUTHERNCALIFORNIA SAN DIEGO-IMPERIAL CENTRAL CALIFORNIA SIERRA NEVADA P A C I F I C SNAKE RIVER OREGON INLAND EMPIRE PACIFIC NORTHWEST OHIO 0-100 101-200 201-300 301-400 401-500 501-600 601-900 SOUTH TEXAS WEST TEXAS NORTH TEXAS LOUISIANAGULF BO R D E R MISSISSIPPI GEORGIA FLORIDA KENTUCKY SOUTHCAROLINA NORTH CAROLINA FLORIDAGOLDCOAST SOU T H E A S T E RN WESTVIRGINIA VIRGINIA MARYLAND POTOMAC VALLEY MIDDLEATLANTIC ALL E G H E N Y MO U NTAIN NIAGARA A D I R O N D A C K NEWENGLAND MAINE NEW JERSEY METROPOLITAN CONNECTICUT ALASKA HAWAIIAN LAKE ERIE INDIANA MICHIGAN WISCONSIN ILLINOIS MINNESOTA NORTH DAKOTA IOWA SOUTH DAKOTA MIDWESTERN MISSOURI VALLEY OZARK ARKANSAS OKLAHOMA MONTANA WYOMING COLORADO NEW MEXICOARIZONA UTAH SOUTHERNCALIFORNIA SAN DIEGO-IMPERIAL CENTRAL CALIFORNIA SIERRA NEVADA P A C I F I C SNAKE RIVER OREGON INLAND EMPIRE PACIFIC NORTHWEST OHIO 0-100 101-200 201-300 301-400 401-500 501-600 601-1,100 LSC CODE LSC NAME OTHER AD ADIRONDACK 43 AK ALASKA 107 AM ALLEGHENY MOUNTAIN 105 AR ARKANSAS 54 AZ ARIZONA 105 BD BORDER 14 CA SOUTHERN CALIFORNIA 333 CC CENTRAL CALIFORNIA 29 CO COLORADO 156 CT CONNECTICUT 56 FG FLORIDA GOLD COAST 23 FL FLORIDA 107 GA GEORGIA 43 GU GULF 261 HI HAWAIIAN 50 IA IOWA 188 IE INLAND EMPIRE 77 IL ILLINOIS 287 IN INDIANA 293 KY KENTUCKY 55 LA LOUISIANA 22 2021 NON-ATHLETE OTHER MEMBERSHIP BY LSC (included in the non-athlete membership totals on page 46) 2021 NON-ATHLETE COACH MEMBERSHIP BY LSC (included in the non-athlete membership totals on page 46) 2021 NON-ATHLETE OFFICIALS MEMBERSHIP BY LSC LSC CODE LSC NAME OTHER LE LAKE ERIE 50 MA MIDDLE ATLANTIC 172 MD MARYLAND 165 ME MAINE 23 MI MICHIGAN 89 MN MINNESOTA 217 MR METROPOLITAN 86 MS MISSISSIPPI 31 MT MONTANA 61 MV MISSOURI VALLEY 127 MW MIDWESTERN 77 NC NORTH CAROLINA 164 ND NORTH DAKOTA 73 NE NEW ENGLAND 81 NI NIAGARA 126 NJ NEW JERSEY 31 NM NEW MEXICO 35 NT NORTH TEXAS 95 OH OHIO 68 OK OKLAHOMA 58 OR OREGON 178 LSC CODE LSC NAME OTHER OZ OZARK 55 PC PACIFIC 331 PN PACIFIC NORTHWEST 161 PV POTOMAC VALLEY 50 SC SOUTH CAROLINA 92 SD SOUTH DAKOTA 49 SE SOUTHEASTERN 130 SI SAN DIEGO-IMPERIAL 70 SN SIERRA NEVADA 90 SR SNAKE RIVER 73 ST SOUTH TEXAS 46 US USA SWIMMING 145 UT UTAH 58 VA VIRGINIA 169 WI WISCONSIN 144 WT WEST TEXAS 7 WV WEST VIRGINIA 7 WY WYOMING 70 TOTAL 6,162 SOUTH TEXAS WEST TEXAS NORTH TEXAS LOUISIANAGULF BO R D E R MISSISSIPPI GEORGIA FLORIDA KENTUCKY SOUTHCAROLINA NORTH CAROLINA FLORIDAGOLDCOAST SOU T H E A S T E R N WESTVIRGINIA VIRGINIA MARYLAND POTOMAC VALLEY MIDDLEATLANTIC ALL E G H E N Y MO U NTAIN NIAGARA A D I R O N D A C K NEWENGLAND MAINE NEW JERSEY METROPOLITAN CONNECTICUT ALASKA HAWAIIAN LAKE ERIE INDIANA MICHIGAN WISCONSIN ILLINOIS MINNESOTA NORTH DAKOTA IOWA SOUTH DAKOTA MIDWESTERN MISSOURI VALLEY OZARK ARKANSAS OKLAHOMA MONTANA WYOMING COLORADO NEW MEXICOARIZONA UTAH SOUTHERNCALIFORNIA SAN DIEGO-IMPERIAL CENTRAL CALIFORNIA SIERRA NEVADA P A C I F I C SNAKE RIVER OREGON INLAND EMPIRE PACIFIC NORTHWEST OHIO 0-30 31-60 61-90 91-120 121-150 151-180 181-300 2021 NON-ATHLETE OTHER MEMBERSHIP BY LSC NON-ATHLETE MEMBERSHIP NON-ATHLETE MEMBERSHIP 56 Page 208 of 235 50 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT | 51 2021 NON-ATHLETE MEMBERSHIP – ETHNICITY Non-athletes are asked, but not mandated, to provide ethnicity information on the registration form. 2021 NON-ATHLETE MEMBERSHIP – ETHNICITY Non-athletes are asked, but not mandated, to provide ethnicity information on the registration form. LSC CODE AFRICAN AMERICAN OR BLACK AMER. IND. ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAW. ANDOTHER PAC. ISL.WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE AD ADIRONDACK 1 0 0 0 0 0 2 0 1 1 94 76 0 0 2 0 8 3 AK ALASKA 1 0 7 1 2 0 2 1 0 0 165 93 2 1 11 4 34 26 AM ALLEGHENY MOUNTAIN 2 3 0 0 5 4 1 1 1 0 228 165 1 1 4 4 7 6 AR ARKANSAS 0 0 0 1 3 3 3 2 0 1 130 103 2 1 1 0 1 2 AZ ARIZONA 2 5 2 0 6 16 8 10 0 4 223 226 4 0 12 14 28 42 BD BORDER 0 0 0 0 0 1 5 7 0 0 2 11 0 0 1 1 39 36 CA SOUTHERN CALIFORNIA 6 17 0 0 60 67 58 57 7 2 350 337 3 6 51 64 112 87 CC CENTRAL CALIFORNIA 1 0 0 0 5 2 2 5 0 0 17 28 0 1 3 1 44 20 CO COLORADO 2 3 0 0 9 9 12 9 0 1 315 279 0 1 18 13 194 118 CT CONNECTICUT 6 4 0 1 19 9 9 7 0 0 262 222 3 3 12 20 13 15 FG FLORIDA GOLD COAST 4 11 0 0 4 7 48 73 1 1 104 117 1 0 2 3 36 35 FL FLORIDA 8 10 0 1 17 11 17 27 1 1 443 432 1 8 33 31 65 51 GA GEORGIA 11 24 0 0 10 7 6 5 0 0 279 227 1 2 14 19 19 28 GU GULF 13 16 2 3 22 37 20 29 1 1 323 364 4 2 24 35 12 13 HI HAWAIIAN 1 1 0 0 53 35 3 2 9 21 90 65 1 0 18 13 4 1 IA IOWA 3 1 0 1 5 3 2 2 0 0 278 197 1 0 10 8 13 14 IE INLAND EMPIRE 0 1 1 1 3 2 3 1 0 1 140 95 1 1 5 6 13 3 IL ILLINOIS 11 23 1 1 21 20 27 31 1 0 471 418 5 8 20 25 339 314 IN INDIANA 2 7 0 0 5 2 1 3 0 0 322 419 1 1 9 13 424 288 KY KENTUCKY 2 1 0 0 3 5 0 2 0 0 145 152 0 1 1 2 5 25 LA LOUISIANA 4 5 0 0 4 4 4 2 0 0 113 108 0 2 0 2 7 3 LE LAKE ERIE 0 1 1 0 1 0 0 0 0 0 42 64 1 0 1 2 90 93 MA MIDDLE ATLANTIC 7 7 0 1 9 14 5 5 0 1 541 541 1 6 8 18 42 34 MD MARYLAND 20 21 0 0 9 15 3 8 0 0 256 247 3 2 9 9 7 8 ME MAINE 0 0 1 1 3 1 0 0 0 0 76 65 0 0 0 1 5 3 MI MICHIGAN 5 14 0 0 5 6 4 4 0 0 175 228 1 2 7 12 37 33 MN MINNESOTA 2 1 0 0 15 14 4 4 1 1 522 371 1 2 10 11 15 13 MR METROPOLITAN 14 19 0 1 19 21 13 27 2 2 211 231 4 1 15 15 81 88 MS MISSISSIPPI 3 5 0 0 5 1 3 0 0 0 80 51 0 0 3 4 4 2 MT MONTANA 0 0 2 0 2 1 1 0 0 0 89 66 0 0 5 2 22 16 MV MISSOURI VALLEY 2 1 3 1 5 4 5 8 1 0 275 258 1 2 12 6 181 128 MW MIDWESTERN 0 1 0 0 2 0 4 2 0 0 195 146 0 0 7 4 3 4 LSC CODE AFRICAN AMERICAN OR BLACK AMER. IND. ANDALASKA NATIVE ASIAN HISPANIC OR LATINO NATIVE HAW. ANDOTHER PAC. ISL.WHITE OTHER MIXED NO RESPONSE LSC NAME FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE NC NORTH CAROLINA 13 15 0 2 19 21 7 9 1 0 525 483 4 4 16 10 26 26 ND NORTH DAKOTA 0 0 0 0 0 0 0 0 0 0 156 86 0 0 2 0 6 4 NE NEW ENGLAND 6 8 0 0 36 42 7 7 0 0 425 357 0 1 16 19 20 25 NI NIAGARA 9 6 1 1 8 8 3 5 0 0 283 257 4 3 7 4 11 9 NJ NEW JERSEY 10 9 1 0 39 64 6 14 1 3 217 283 1 6 8 12 26 30 NM NEW MEXICO 1 0 0 1 6 2 6 12 0 1 73 66 0 1 5 7 11 8 NT NORTH TEXAS 5 6 0 1 27 36 6 14 0 0 185 181 0 4 11 19 19 18 OH OHIO 0 3 0 1 1 4 0 2 0 0 146 205 0 0 0 3 192 184 OK OKLAHOMA 0 0 0 0 0 0 2 0 0 0 26 36 0 0 4 1 94 94 OR OREGON 1 2 2 0 36 34 5 7 0 0 333 248 4 5 15 12 35 17 OZ OZARK 2 1 0 1 3 4 2 2 0 0 134 166 0 0 4 4 21 17 PC PACIFIC 2 8 0 1 111 169 20 23 6 4 419 446 4 9 63 51 53 53 PN PACIFIC NORTHWEST 1 1 2 0 64 88 5 2 0 2 254 227 2 6 21 24 21 18 PV POTOMAC VALLEY 26 21 0 1 38 40 6 13 0 0 262 303 2 7 21 13 132 151 SC SOUTH CAROLINA 2 11 1 0 3 3 3 6 0 2 237 164 1 0 8 6 15 9 SD SOUTH DAKOTA 0 0 0 1 0 0 1 0 0 0 87 57 0 0 2 2 57 22 SE SOUTHEASTERN 9 8 2 0 3 6 4 7 1 2 389 391 2 3 7 10 13 11 SI SAN DIEGO- IMPERIAL 0 1 1 0 17 16 9 12 1 2 98 107 0 2 17 16 11 5 SN SIERRA NEVADA 1 4 1 1 18 23 11 11 2 1 189 149 1 3 21 23 57 56 SR SNAKE RIVER 0 0 0 0 2 2 2 3 1 0 89 42 0 0 2 0 5 5 ST SOUTH TEXAS 1 4 1 1 7 15 26 33 0 0 170 190 1 0 18 24 28 18 US USA SWIMMING 1 2 0 0 0 3 2 0 0 0 22 28 0 1 0 1 46 44 UT UTAH 0 0 0 0 8 2 4 1 1 1 220 156 0 1 2 6 16 14 VA VIRGINIA 6 8 0 1 12 16 12 10 1 2 437 423 0 1 9 19 18 13 WI WISCONSIN 1 1 0 0 4 6 5 6 0 0 331 297 0 1 6 8 120 55 WT WEST TEXAS 0 0 0 1 1 0 7 6 0 0 27 43 0 1 3 6 1 4 WV WEST VIRGINIA 0 0 0 0 0 0 0 0 0 0 27 31 0 0 0 0 6 7 WY WYOMING 0 0 1 0 1 1 1 3 1 0 158 91 1 1 7 3 5 4 TOTAL 230 321 33 28 795 926 437 542 42 58 12,875 11,915 70 114 623 665 2,969 2,473 % OF TOTAL NON-ATHLETE (36,827).7%.9%.1%.1%2.3%2.6%1.2%1.5%.1%.2%36.7%33.9%.2%.3%1.8%1.9%8.5%7.0% NON-ATHLETE MEMBERSHIP NON-ATHLETE MEMBERSHIP NOTE: 15.5% of non-athletes did not respond to the ethnicity question on their registration form. Response to this question is not mandatory. 57 Page 209 of 235 52 | USA SWIMMING 2021 MEMBERSHIP DEMOGRAPHICS REPORT Organizations that meet the following criteria may apply for al- lied membership in USA Swimming. The organization must have: 1. a national swimming program; 2. closed national competition that provides for elite athlete development or production; 3. due process; 4. a rulebook; and 5. an officials training program. Application for allied membership must be approved by USA Swimming’s Board of Directors and by the House of Delegates. Due to a recent restructuring of the Board, allied members do not have a seat on the board currently. Allied members are entitled to at least one (1) delegate to the House of Delegates. The Board of Directors recommends to the House of Delegates how many additional delegates they may have; the House must approve the additional delegates. The organization must pay $50 for each additional delegate. In 2021, there was one allied membership: ¡ YMCA of the USA Allied Membership Organizations that have an interest in swimming may apply for affiliate membership in USA Swimming. Application for affiliate membership must be approved by USA Swimming’s Board of Directors and then by the House of Del- egates. Dues for affiliate membership are $100.00 annually and entitles each affiliate organization to at least one (1) delegate to the House of Delegates. The House of Delegates determines how many additional delegates they may have. The organization must pay $50 for each additional delegate. In 2021, there were 6 affiliate memberships: ¡ Amateur Athletic Union of the U.S., Inc. ¡ American Swimming Coaches Association ¡ College Swimming Coaches Association of America, Inc. ¡ International Swimming Hall of Fame ¡ National Junior College Athletic Association ¡ U.S. Masters Swimming Affiliate Membership 58 Page 210 of 235 59 Page 211 of 235 Appendix 5 TECHNICIAL RESOURCES (KEY PROFESSIONALS) Brad Kale: Head Coach Coast Aquatics coastaquatics@gmail.com (850) 461-7012 Brian Haddad: Executive Director Southeastern Swimming, LSC southeasternswimming@hotmail.com (615) 293-7333 Kathi Heapy: Cofounder, Treasurer Emerald Coast Fitness Foundation, Inc. swimecff@gmail.com (850)585-6233 Gus Calado: Planet Swim, Ponte Vedra gus@planetswim.org (904) 504-8474 Kevin Milak: FAST, Ocala, Florida Kevin_milak@floridafast.com (352) 820-4222 Katarina Filova: Planet Swim, Ponte Vedra katarina@planetswim.org (904) 429-6920 Charles Noonan: Diving Center Chairman Emerald Coast Fitness Foundation, Inc. cenoonan@idhhospitalitygroup.com (770) 361-6826 Leslie Adams: City of Tallahassee Leslie.adams@talgov.com (850) 933-2752 Marydale Moore: Panama City Beach Marydale.moore@pcbfl.gov (850) 258-4745 Jim Ponek: Panama City Beach Jim.ponek@pcbfl.gov (850) 819-3035 60 Page 212 of 235 Rebecca Rogers: FAST, Ocala Rebecca.rogers@circlesquare.foundation.org (352) 239-8144 Garrett Adkins and Jordan Gangi: Citrus YMCA info@suncoastymca.org (352) 500-9622 61 Page 213 of 235 INTERLOCAL COOPERATION AGREEMENT BETWEEN GOVERNMENTAL ENTITIES IN OKALOOSA AND WALTON COUNTIES TO ESTABLISH A REGIONAL AQUATIC SPORTS AND TRAINING COMPLEX TO SERVE THE AREA’S NEEDS FOR COMPETITIVE WATER SPORTS AND AQUATIC TRAINING This interlocal cooperative agreement is made and entered into this ____ day of ______, 2023 by the listed and undersigned public entities in Okaloosa and Walton Counties to establish a cooperative body to achieve a permanent aquatic sports and training complex to provide recreation, sports competition, aquatic training, economic development, and enhancements to quality of life in the two-county area. WITNESSETH WHEREAS, the central area of Northwest Florida, while surrounded by the area’s numerous water bodies, does not have the aquatic sports and training facilities commensurate with the other areas of the State of Florida; and WHEREAS, aquatic competitions and training in this area has been limited by sub-standard facilities and does not meet the usership needs of the growing demand; and WHEREAS, the Niceville Community Redevelopment Agency has contacted area user groups in order to determine user needs and to assist in the preparation of an Aquatic Center Feasibility Assessment which supports a new aquatic center complex in a central location; and WHEREAS, the Feasibility Assessment provides a determination of area aquatic training and competition needs, and also provides for adequate sites to develop a facility; and WHEREAS, an aquatic center project development steering committee has been established and has solicited and received support from numerous public agencies. NOW THEREFORE BE IT RESOLVED THAT, the undersigned local governments and other area public entities do agree to work cooperatively to establish an organization to plan and construct a state-of-the-art regional aquatic center for Okaloosa and Walton Counties; and BE IT FURTHER RESOLVED THAT upon all necessary approvals and the acquisition of adequate capital funding for construction, each participating government unit will determine the nature and extent of its further participation in the creation of a regional aquatic sports and training center. I. PURPOSE It is the purpose and intent of this agreement to establish a cooperative public body to support, plan, site, secure funding, and advocate the placement of an aquatic sports training facility to serve the growing aquatic program needs of Northwest Florida. Page 214 of 235 II. COOPERATING GOVERNMENTS The following governments are parties and signatories to this agreement: 1. City of Cinco Bayou 2. City of Crestview 3. City of DeFuniak Springs 4. City of Destin 5. City of Fort Walton Beach 6. City of Freeport 7. Town of Laurel Hill 8. City of Mary Esther 9. City of Niceville 10. Northwest Florida State College 11. Okaloosa County 12. Okaloosa County School District 13. Town of Paxton 14. Town of Shalimar 15. City of Valparaiso 16. Walton County 17. Walton County School District III. AUTHORIZE REPRESENTATIVE The authorized representative of each governmental unit will be each of the undersigned for the participating governments or his/her designee. IV. DEFINITIONS A. Aquatic Sports and Training Center: a facility to host various sanctioned aquatic competitions and to train for aquatic programs from basic swimming to Olympic competitions. B. Regional: substantially the areas between Panama City Beach and Pensacola, Florida and competition users from Alabama and Tennessee. C. User: the facility will be public and will accommodate all public use. D. Funding: funding included the acquisition of capital construction funds. There are no funding obligations associated with the agreement. V. THE AGREEMENT This agreement is to identify and secure public agency support and program development participation intended to facilitate the establishment of a regional aquatic sports and multi-purpose training facility in a central location in the Okaloosa/Walton County Region. The undersigned do support and recommend the development of such a facility. VI. OBLIGATIONS The only obligation under this agreement is to acknowledge support and endorsement for the planning and development of a regional aquatic sports and training facility to serve Okaloosa and Walton Counties. Page 215 of 235 VII. FUTURE AGREEMENTS This agreement may be superseded in the future by the execution of a comprehensive interlocal agreement to provide for the overall development, the operational and management structure of said facility, and the responsibilities of an aquatic center provided that a determination that the proposed facility has received all necessary approvals and has access to adequate revenues to support construction. VIII. VOTING Each participation governmental unit will have one vote and items under consideration will require a simple majority. IX. TERMINATION Any participating government unit may terminate its participation by notifying all other signatories. X. TERMS This is a volunteer position and has no terms of service or limits. However, participating governmental units are expected to manage the terms of their individual representatives. XI. MEETINGS Cooperative agreement meetings are expected to occur bimonthly, or at the call of the chair or one-third of the membership. RECORDATION OF AGREEMENT This Cooperative Interlocal Agreement shall be recorded in the public records of Okaloosa and Walton Counties. ATTEST: ____________________________ Signature ____________________________ Printed Name ____________________________ Date Page 216 of 235 CITY OF CRESTVIEW Item # 11.1. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Maryanne Schrader DATE: 6/15/2023 SUBJECT: Monthly Update BACKGROUND: City Clerk Office Update - June 26, 2023 DISCUSSION: The office of the City Clerk provides an update to the City Council at the second meeting of the month. Municode – Jessica and I met and combined information. We are awaiting a few responses before wrapping up the final review. Public Records –For the May 1 – May 31, 2023 period, we received 72 new requests, with 19 open, the average number of days to fulfill all requests was 3, 69 requests were closed, and 9 requests were fulfilled outside of the average response time by the end of the period. The average number of hours to fulfill a request was 6.67 hours at a cost of staff time averaging $109.57. We have received $135.00 from invoices for the May 2023 reporting period. Laserfiche –The public records portal located on the City Clerk page at: https://city-of-crestview- fl.nextrequest.com/. The portal is utilized to enhance the historical integrity and preservation of our records and ensure records are accessible on a routine basis, as well as in the event of a disaster. The total number of pages added during May 2023 is 55,822. Records Management – A training session for records management liaisons has been scheduled. Training Update – The City Clerk has been appointed to the IIMC Education Committee. She is going to leadership training in St. Petersburg from June 17 -21 provided by John Scott Dailey Florida Institute of Government and the FACC. Natasha and I are registered to attend a Records Management Seminar on June 28th in Tallahassee provided by the Bureau of Archives and Records Management. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Page 217 of 235 Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT Dependent on the project. RECOMMENDED ACTION No action required. Attachments None Page 218 of 235 CITY OF CRESTVIEW Item # 12.1. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Gina Toussaint, Finance Director, Wendy Buttke, Accountant DATE: 6/22/2023 SUBJECT: Financial Update - Finance Director BACKGROUND: This is a monthly presentation as required by the City Charter. DISCUSSION: Below you will find the link to the May disbursement register. Due to minimal activity and the amount of hours required to reconcile, the EPayable disbursement option is no longer being utilized. Also provided are the monthly Unaudited Schedules of Revenues & Expenditures ending April 30, 2023. Follow this link by clicking on the icon with the arrow for the May check register and April Financial Statements. May 2023 Check Register Monthly Financial Statement for April 2023 GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Page 219 of 235 Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT N/A RECOMMENDED ACTION No action is required. Attachments None Page 220 of 235 CITY OF CRESTVIEW Item # 12.2. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Presentation TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: Michael Criddle, Public Services Director DATE: 6/22/2023 SUBJECT: Monthly Report - Public Services Update BACKGROUND: A report is provided each month from a selected department to update the City Council. DISCUSSION: This month features a Public Services update on current activities, development status, and infrastructure planning. * Storm related damage (trees, storm structure, water lines, lift stations) * Development status of projects by phase (Pre-Application, Review Process, Development Order), categorized by Residential, Commercial, and Other * Development location - map review * Master infrastructure project timing * Master infrastructure project map review GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Page 221 of 235 Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT n/a RECOMMENDED ACTION No action required. Attachments None Page 222 of 235 CITY OF CRESTVIEW Item # 12.3. Staff Report CITY COUNCIL MEETING DATE: June 26, 2023 TYPE OF AGENDA ITEM: Action Item TO: Mayor and City Council CC: City Manager, City Clerk, Staff and Attorney FROM: DATE: 6/22/2023 SUBJECT: PFAS Water Contamination Litigation BACKGROUND: Perfluoroalkyl substances (PFAS) have been detected in public and private water supplies across the country. Remediation is difficult and costly. Litigation is ongoing against manufacturers of PFAS chemicals to attempt to recover costs of remediation that will be borne by public water systems in the future. DISCUSSION: Section 2021 of America’s Water Infrastructure Act of 2018 (AWIA) (Public Law 115-270) amended the Safe Drinking Water Act and specifies that public water systems serving a population of more than 10,000 people (large systems) continue to be responsible for participating in the Unregulated Contaminant Monitoring Rule (UCMR) program. Under the fifth revision to the UCMR rule (UCMR5), The 5-year UCMR 5 cycle spans 2022 – 2026, with preparations in 2022, sample collection from 2023 – 2025, and completion of data reporting in 2026. One of the unregulated contaminants being tested in the UCMR5 cycle are perfluoroalkyl substances (PFAS). PFAS enters the water supply primarily through the discharge of industrial waste. This can happen in rivers and streams, but can also occur when such waste products end up on the ground as well. When it rains, these substances make their way into underground aquifers. Largely because of manufacturing and industrial use, PFAS have been detected in public and private water supplies across the country. Remediation is difficult and costly. Because PFAS have been used so extensively over several decades, it is present virtually everywhere in the environment. These chemicals have been found in varying amounts in the blood of virtually all humans as well as domestic animals and wildlife. As PFAS are used in fire suppressant foams, one probable source is fire training facilities as well as places that have recently experienced serious fires. Because PFAS are often a component of heavy-duty lubricants and hydraulic fluids, contamination is also commonly found in water sources near military bases and industrial sites. Sites in Escambia County have tested positive for PFAS chemicals in water wells, and it is expected to appear in the City’s upcoming testing in the UCMR5 cycle. Unfortunately, the options for removing PFAS contamination from water supplies are limited and expensive. Granular activated carbon (GAC) filtration can remove 99.9% of PFOA and PFOS. However, shorter chain PFASs, such as GenX, require more intensive filtration methods such as ion exchange and reverse osmosis. Putting such equipment in place and starting the filtration process can cost over $1 million. Annual ongoing expenses run into the six-figure range, putting a heavy burden on affected communities. The Levin law firm in Pensacola is pursuing these claims on behalf of several cities, counties and public water systems. The proposed contract with the Levin firm is a contingent fee agreement, whereby the City will pay attorney's fees only if a recovery is made. The contingent fee is 25% of the recovery made, as set forth in the Page 223 of 235 contract. This is similar to how claims were handled following the BP Oil Spill. GOALS & OBJECTIVES This item is consistent with the goals in A New View Strategic Plan 2020 as follows; Foundational- these are the areas of focus that make up the necessary foundation of a successful local government. Financial Sustainability- Achieve long term financial sustainability Organizational Capacity, Effectiveness & Efficiency- To efficiently & effectively provide the highest quality of public services Infrastructure- Satisfy current and future infrastructure needs Communication- To engage, inform and educate public and staff Quality of Life- these areas focus on the overall experience when provided by the city. Community Character- Promote desirable growth with a hometown atmosphere Safety- Ensure the continuous safety of citizens and visitors Mobility- Provide safe, efficient and accessible means for mobility Opportunity- Promote an environment that encourages economic and educational opportunity Play- Expand recreational and entertainment activities within the City Community Culture- Develop a specific identity for Crestview FINANCIAL IMPACT The contract is a contingent fee contract, meaning the City is not obligated to pay attorney's fees unless there is a recovery in the litigation. If there is a recovery, then 25% of the City's recovery will be paid as attorney's fees after deducting any costs (such as expert witness fees) that are advanced by the attorneys in the litigation. RECOMMENDED ACTION Staff respectfully requests a motion authorizing the Mayor to sign the contingent fee contract with the Levin law firm to pursue recovery in the PFAS litigation. Attachments 1. Crestview FL PFAS Engagement Agreement Page 224 of 235 -1- CITY OF CRESTVIEW, FLORIDA LEGAL SERVICES AGREEMENT I. INTRODUCTION A. RECITALS. 1. City of Crestview, Florida (“Client”) is committed to protecting the City’s environment including groundwater and soil. Client is also committed to identifying responsible parties and taking reasonable steps to avoid passing on the costs to its residents for the treatment and remediation of soil and/or groundwater contamination. 2. Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A.; Law Office of Kevin Madonna, PLLC; SL Environmental Law Group PC; Taft Stettinius & Hollister, LLP; Douglas & London, P.C.; and Holloway Law Firm, P.A. (collectively the “Firms”) have joined together to assist public entities facing the challenges posed by contamination with per- and polyfluoroalkyl substances (“PFAS”). The Firms are experience both in PFAS litigation and in the representation of public entities and water suppliers in cases involving soil and groundwater contamination. 3. The purpose of this Legal Services Agreement (“LSA” or “Agreement”) is (i) to enter into an attorney-client relationship between Client and the Firms (collectively, the “Parties”) for the purpose of investigating and assessing potential claims arising out of the presence of PFAS on Client’s property including but not limited to leachate from its landfill; and (ii) to provide for the terms and conditions for the representation of Client in any civil action that may be filed in Florida State Court and/or United States District Court and any proceeding by writ or appeal related to that action filed on behalf of Client by the Firms (“Legal Action”). II. INVESTIGATION AND ASSESSMENT OF POTENTIAL CLAIMS A. PRE-LITIGATION SCOPE OF SERVICES. 1.Contaminants. Client has detected the presence of several PFAS compounds (the “Contaminants” or “Contamination”) on its properties. The engineering, construction, operation and maintenance of systems to remediate, treat and/or contain this contamination has resulted in and will continue to result in significant financial costs to Client. 2.Investigation. Client has retained the Firms to assist Client in investigating the presence of the Contaminants throughout the City and potential sources of the Contamination, evaluate the potential to recover the costs associated with the Contamination, provide advice, and represent Client in any Legal Action against parties potentially responsible for the Contamination. B. PRE-LITIGATION COSTS AND FEES. 1.Client. All costs associated with Client’s pre-litigation investigation of the Contaminants, including those associated with water and/or soil sampling, laboratory testing and engineering expenses shall be paid directly by Client. For the avoidance of doubt, nothing Page 225 of 235 -2- contained herein shall obligate Client to incur any costs to investigate the Contaminants beyond what it has already expended. 2.The Firms. All costs and fees incurred by the Firms during any pre- litigation investigation shall not be charged to Client nor recoverable by the Firms against Client under this Agreement. 3.Other. Nothing contained herein should be interpreted to preclude seeking recovery of such fees and costs incurred by either Party as part of any Legal Action that may be filed pursuant to this Agreement. In addition, if the Firms file any Legal Action, the Firms may use the time incurred for any investigation contemplated herein to support the reasonableness of this Agreement. C. RETENTION OF FIRM RATHER THAN PARTICULAR ATTORNEYS. Client is retaining the Firms, not any particular attorney, and attorney services to be provided to Client shall not necessarily be performed by any particular attorney. D. DESIGNATION. Client designates its City Manager, Tim Bolduc as its authorized representative to direct the Firms and to be the primary individual to communicate with the Firms regarding the subject matter of its representation of Client under this Agreement. This designation is intended to establish a clear line of authority and to minimize potential uncertainty, but not to preclude communication between the Firms and other representatives of Client. Client may designate additional authorized representatives at its discretion. III. LITIGATION SERVICES A. LITIGATION SERVICES TO BE PROVIDED. 1.Inclusions. It is the intent of the Parties that the Firms shall represent Client in a civil action for damages in Florida State Court and/or the United States District Court as well as in any proceeding by writ or appeal related to that action. The legal services to be provided by the Firms consist of representation of Client with respect to: a. The contamination of groundwater and/or soil by the Contaminants or other contaminants identified during the investigation stage described in Section II of this Agreement, as approved by Client and the Firms. b. Claims and/or actions for damages sustained by Client as a result of actual or threatened conduct relating to contamination of soil and/or groundwater, and any past, present, and future costs incurred to remove the Contaminants from groundwater and/or soil, and any related appeals in such actions. 2.Retention; Filing of Legal Action. The filing of any Legal Action pursuant to this Agreement shall be at the discretion of the Parties. Nothing in this Agreement shall be construed as obligating Client to retain the Firms in connection with any Legal Action or obligating the Firms to file a Legal Action on behalf of Client. B. LEGAL SERVICES SPECIFICALLY EXCLUDED. Page 226 of 235 -3- 1.Exclusions. Legal services that are not to be provided by the Firms under this Agreement specifically include, but are not limited to, the following: a. Proceedings before any administrative or governmental agency, department or board. However, at Client’s election, the Firms shall appear at such administrative proceedings to protect Client’s rights to pursue any Legal Action filed pursuant to this Agreement, without Client being assessed any additional attorneys’ fees in connection with such appearance. b. Defending any legal action(s) against Client commenced by any person, with the exception of any cross-complaints, counterclaims, or other third-party claims filed in a Legal Action pursuant to this Agreement. 2.Additional Legal Services. If Client wishes to retain the Firms to provide any legal services for additional compensation not provided under this Agreement, a separate written agreement between the Firms and Client shall be required. C. RESPONSIBILITIES OF ATTORNEY AND CLIENT. 1.The Firms Responsibilities. The Firms shall perform the legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client’s inquiries and communications. The Firms shall provide status reports to Client on a mutually agreeable schedule, as events reasonably warrant further reporting, and at the further request of Client. 2.Client Responsibilities. Client shall cooperate with the Firms and keep the Firms reasonably informed of developments in connection with any Legal Action. 3.Selection of Experts. The Firms and Client shall meet and confer regarding selection and retention of experts in the Legal Action. Client shall not unreasonably withhold approval of selection and retention of such experts. Client shall not be required to pay for the selection or retention of experts. These costs will be advanced by the Firms and be reimbursed pursuant to this Agreement only in the event of a recovery. 4.Settlement. The Firms shall not settle any Legal Action without the approval of Client. Client shall have the absolute right to accept or reject any settlement. The Firms shall notify Client promptly of the terms of any settlement offer received by the Firms. 5.Client Agreement Not to Use, Share, or Disclose the Firms’ Work Product Outside the Context of this Legal Action. Client agrees that it shall not use or disclose in any legal proceeding, case, or other context of any kind, other than this Legal Action, or share or disclose to any person not a Party to this Agreement, any documents, work product, or other information made available to or to which Client or their counsel acquire access through the Firms or any co-counsel of the Firms, including any fact or expert materials produced and/or generated in any prior discovery proceedings in any litigation involving E. I. du Pont de Nemours and Company, The Chemours Company, and/or the 3M Company, without the express written prior approval and consent of the Firms and all such other co-counsel of the Firms. D. ATTORNEYS’ FEES. Page 227 of 235 -4- 1.Contingent Fee. The amount the Attorneys shall receive as fee for the legal services provided under this Agreement shall consist of a contingent fee of twenty-five percent (“Contingent Fee”), which shall be calculated from the Gross Recovery (as defined below) 2.Definitions Relevant to Attorneys’ Fees. a. “Net Recovery” means the total value received by Client of all Cash Recoveries plus Non-Cash Recoveries, whether awarded by Settlement or Final Judgment, minus (i) all amounts owed by Client to any litigants in a Legal Action filed by the Firms on behalf of Client and (ii) all court-awarded attorneys’ fees or costs received by Client from said litigants. The amount of any Net Recovery shall not include any reductions for Costs. b. “Gross Recovery” means the total value received by Client of all Cash Recoveries plus Non-Cash Recoveries, whether awarded by Settlement or Final Judgment. c. “Costs” include, but are not limited to, court filing fees, deposition costs, expert fees and expenses, investigation costs, reasonable travel and hotel expenses, messenger service fees, photocopying expenses, and process server fees. Items that are not to be considered Costs, and that must be paid by Client without being either advanced or contributed to by the Firms, include Client’s expenses incurred in providing information to the Firms or defendants. d. “Final Judgment” means any final, non-appealable court order or judgment terminating any Legal Action filed pursuant to this Agreement and finally determining the rights of any parties to the Legal Action where no issue is left for future consideration or appeal. e. “Settlement” refers to any voluntary agreement executed by Client and any third party to this Agreement, whether resulting from a settlement conference, mediation, or court stipulation, terminating any Legal Action filed pursuant to this Agreement and finally determining the rights of parties to the Legal Action where no issue is left for future consideration or appeal. f. “Cash Recovery” means, without limitation, the total monetary amount received by Client in a Settlement or Final Judgment arising from an actual or threatened Legal Action by the Firms pursuant to this Agreement, including interest of any kind received by Client. g. “Non-Cash Recovery” means, without limitation, the fair market value of any property delivered to Client, any services rendered for Client’s benefit, and any other non-cash benefit, including but not limited to the construction, operation, and maintenance of one or more water treatment facilities; delivery of replacement water; modification, alteration, construction or operation of well(s) and/or any part of a public or private water system; or any other types of injunctive and/or equitable relief conferred on Client, in a Settlement or Final Judgment of an actual or threatened Legal Action by the Firms pursuant to this Agreement. Page 228 of 235 -5- h. “Present Value” means the interest rate of the one-year treasury bill as reported by the United States Federal Reserve in the weekly Federal Reserve Statistical Release closest in time to the date of the recovery for which the present value is being calculated. i. “Reasonable Fees” or “Reasonable Attorney’s Fee” means such fees as is reasonably determined by taking into account the amount of time spent on the Legal Action by the Firms and associate counsel retained by the Firms, the value of that time, the complexity of the Legal Action, the benefit conferred on Client, and the financial risk to the Firms and associate counsel by their agreeing to represent Client in the Legal Action and to invest time and advance Costs without compensation or reimbursement in the event that there is no Net Recovery or a Net Recovery that does not fully compensate or reimburse the Firms and associate counsel for their time and advanced Costs. 3.Calculation of Non-Cash Recovery. a. For any Non-Cash Recovery resulting in the receipt of property, the provision of services, or the receipt of other non-monetary benefits by Client, such property, services, or other non-monetary benefits shall be deemed for purposes of this Agreement to have been received by Client upon the execution of a Settlement or Final Judgment. The value of the services shall be discounted to Present Value. b. If any Non-Cash Recovery is awarded in a Final Judgment, or before accepting any settlement offer that involves a Non-Cash Recovery, Client shall provide the Firms with its estimate of the value of the Non-Cash Recovery. The Firms shall promptly respond in writing, indicating whether the firms accept said estimate. If the Firms object to Client’s estimate, the Parties shall proceed as set forth in Section III.G (“Disagreements Concerning Value of Recoveries”). Nothing herein shall impede or restrict Client’s right to include a Non-Cash Recovery in any Settlement, nor the Firms’ right to receive a Non-Cash Recovery. E. DISTRIBUTION OF PROCEEDS. 1.Pay-if-Paid; Option for Advance Payment. Receipt of any Net Recovery by Client is a condition precedent to payment of any portion of the Contingent Fee by Client to the Firms. Undisputed payment(s) of the Contingent Fee owed to the Firms in accordance with Agreement shall be made no later than seven (7) days after receipt by Client of any Net Recovery. Notwithstanding the foregoing, Client, in its sole and absolute discretion, may choose to pay any Cash Recovery portion of the Contingent Fee prior to receipt of any Net Recovery by Client (“Advance Payment”). Upon Client’s election to make an Advance Payment, Client shall estimate the amount and timing of outstanding Cash Recoveries, treat all such outstanding payments as constructively received by Client upon the execution of a Settlement or Final Judgment requiring such payments, discount all such payments to their Present Value as of the time of said Settlement or Final Judgment, and pay the Firms the Contingent Fee due on the Present Value of such portion of the Cash Recovery at that time. Nothing herein shall be construed to modify how any amount shall be distributed or the Parties’ remedies in this Agreement upon a dispute over any estimate or amount due under this Agreement. Page 229 of 235 -6- Use of Monies Held in Trust. The firms are authorized to apply any funds received on behalf of Client in connection with a Settlement or Final Judgment and held in the Firms’ trust account to the payment of any Costs owed to third parties to this Agreement; provided that for any payments in excess of $1,000, the Firms shall furnish copies of third party invoices for Client’s review at least seven (7) days prior to making said payments. F. REASONABLE FEE IF CONTINGENT FEE UNENFORCEABLE. 1.Reasonable Fee. In the event of a Final Judgment finding that the Contingent Fee portion of this Agreement is unenforceable for any reason or that the Firms cannot represent Client on a Contingent Fee basis, Client shall pay a reasonable fee for the services rendered. 2.Fee Determination. The Parties shall use best efforts to negotiate a reasonable fee. If the Parties fail to do so, said fee shall be determined by arbitration proceedings before a mutually agreeable arbitration service, but absent such agreement, before the Judicial Arbitration and Mediation Services (JAMS), with any costs of such proceedings born equally by Client and the Firms. G. DISAGREEMENTS CONCERNING VALUE OF RECOVERIES. 1.Procedure. In the event the Parties disagree with respect to the value of any Contingent Fee, Net Recovery, Cash or Non-Cash Recovery, Costs (collectively, “Disputed Recoveries”) or settlement offer, and the Parties cannot resolve the disagreement through good faith negotiations, the Parties shall proceed as follows: a. Each party shall select an appraiser qualified to conduct an appraisal of the value of the Disputed Recoveries or settlement offer within five (5) days of any written notice to the other party advising of a bona fide dispute that cannot be resolved by negotiations. b. Each party’s selected appraiser shall then confer and select a third qualified appraiser within five (5) days of said conference, and the third appraiser shall determine the value of the Disputed Recoveries or settlement offer. c. The third appraiser shall conduct an appraisal, and the valuation of any Disputed Recoveries or settlement offer shall be final and binding, subject to appeal by arbitration in the case of Disputed Recoveries as provided in Section VI.K (“Arbitration of Disputes”). 2.Expenses. Client and the Firms shall each bear the expense of their own selected appraiser, and Client and the Firms shall each pay one-half of the expenses of the third appraiser. H. COURT-AWARDED AND/OR SETTLEMENT-AWARDED ATTORNEYS’ FEES. Page 230 of 235 -7- 1.Duty to Seek Attorneys’ Fees and Costs in Legal Action. Client may obtain an award of Attorneys’ Fees and/or Costs in a Final Judgment or Settlement. The Firms agree to seek any such award(s) in any Legal Action it files on behalf of Client. 2.Credit for Court-Awarded Fees and Costs. Any Attorneys’ Fees or Costs awarded in connection with a Legal Action shall not be considered part of the Net Recovery for purposes of calculating the Firms’ Contingent Fee but said fees and costs shall be applied as a credit against Client’s obligation to pay the Firms’ Contingent Fee under this Agreement. 3.Court-Awarded Fees and Costs in Excess of Contingent Fee. Notwithstanding any other provision of this Agreement, if court-awarded Attorneys’ Fees and costs exceed the Contingent Fee to which the Firms would otherwise be entitled under this Agreement, the amounts due to the Firms under this Agreement shall be the court-awarded fees and costs, and Client shall receive all other amounts awarded in a Legal Action. I. NEGOTIATED FEE. Client is informed that the Attorneys’ Fees provided for herein are not set by law but rather are negotiable between the Firms and Client. J. DIVISION OF ATTORNEYS’ FEES. 1.Division of Fees; Disclosure. The Firms may divide the fees and/or costs to which it is entitled under this Agreement with another attorney or law firm retained as associate counsel. The terms of such additional division, if any, shall be disclosed to Client. Client is informed that, under the Rules of Professional Conduct of the State Bar of Florida, such a division may be made only with Client’s written consent after a full disclosure to Client in writing that a division of fees shall be made and of the terms of such division. The division of fees and costs between the Firms has been separately provided to Client. 2.Retention of Associate Counsel. The Firms may retain associate counsel to assist with litigating a Legal Action pursuant to this Agreement. The attorney or law firm selected by the Firms shall be subject to Client’s approval. K. COSTS. 1.Costs Advanced by the Firms; Interest. The Firms shall advance all Costs incurred in connection with the Firms’ representation of Client under this Agreement. Costs shall be advanced by the Firms and then paid by Client from any Net Recovery. 2.Reimbursement; Risk of Loss. The Firms shall be reimbursed for any Costs before any distribution to Client. If there is no Net Recovery or the Net Recovery is insufficient to reimburse the Firms in full for Costs advanced, the Firms shall bear the loss for any Costs not reimbursed under this Agreement. 3.Defense of Attorneys’ Fees and Costs to Third Party. Notwithstanding any provision of this Agreement to the contrary, the Firms shall defend Client in any motion seeking an award of Attorneys’ Fees or costs against Client in any Legal Action brought under this Agreement. Any costs incurred in such defense shall be treated as Costs for purposes of, and in the manner provided by, this Agreement. Page 231 of 235 -8- IV. REPRESENTATION OF ADVERSE INTERESTS A. DISCLOSURE. 1.Duty to Disclose; No Conflicts Identified. If any of the Firms have a relationship with another party with interests adverse to Client, or with someone who would be substantially affected by any action taken under this Agreement, the Rules of Professional Conduct require the Firms to disclose that to Client so Client can evaluate whether that relationship causes Client to have any concerns regarding any of the Firms’ loyalty, objectivity, or ability to protect Client’s confidential information. To the extent required, the Client waives any conflict under Florida’s Rules of Professional Conduct. 2.Representation of Other Clients; Waiver of Potential Conflicts. Client understands that currently, and from time to time, the Firms represent other municipalities, governmental agencies, governmental subdivisions, or investor-owned public water utilities in other actions or similar litigation, and that such work is the focus of the Firms’ practice. Further, Client understands that the Firms represent other clients in actions similar to what would be brought under this Agreement and against the same potential defendants. Client understands that a recovery obtained on behalf of another client in a similar suit against the same defendants could, in theory, reduce the total pool of funds available from these same defendants to pay damages in a Legal Action brought under this Agreement. Client understands that the Firms would not take on this engagement if Client required the Firms to forgo representations like those described above. Client has conferred with its own separate and independent counsel about this matter, and has determined that it is in its own best interests to waive any and all potential or actual conflicts of interest that may occur as the result of the Firms’ current and continuing representation of cities and other water suppliers in similar litigations, because such waiver enables Client to obtain the benefits of the Firms’ experience and expertise. Therefore, Client consents that the Firms may continue to handle such work, and may take on similar new clients and matters, without disclosing each such new matter to Client or seeking the consent of Client while representing it. The Firms shall not, of course, take on such other work if it requires the Firms to be directly adverse to Client while the Firms are still representing Client under this Agreement. V. TERMINATION A. DISCHARGE OF ATTORNEY. 1.Right to Discharge. Client may discharge the Firms at any time, with or without cause, by written notice effective when received by the Firms. Client shall have the right to terminate this Agreement with cause upon the Firms breach of this Agreement or its failure to strictly adhere to the Florida Rules of Professional Conduct. Unless specifically agreed by the Firms and Client, the Firms shall provide no further services and advance no further Costs on Client’s behalf after receipt of the notice. If any or all of the Firms are Client’s attorney of record in any proceeding, the Firms shall immediately execute and return a substitution-of- attorney form. 2.Reimbursement of Costs; Fees. In the event the Firms are discharged without cause before the conclusion of a Legal Action, Client shall (i) reimburse the Firms for Page 232 of 235 -9- any and all Costs advanced by the Firms for such Legal Action not later than thirty (30) days from receipt of a reasonably detailed final cost accounting from the Firms, and (ii) upon the conclusion of the Legal Action, pay the Firms a Reasonable Attorneys’ Fee for services performed up to the point of the discharge. Nothing herein shall be construed to limit Client’s rights and remedies in the event of a discharge of the Firms for cause. B. WITHDRAWAL OF ATTORNEY. 1.Right to Withdraw. The Firms may withdraw from representation of Client (i) with Client’s consent, (ii) upon court approval, or (iii) if no Legal Action is filed, for good cause upon reasonable notice to Client. Good cause includes Client’s breach of this Agreement, Client’s unreasonable refusal to cooperate with the Firms or to follow the Firms’ advice on a material matter, or any other fact or circumstance that would render the Firms’ continuing representation unlawful or unethical. Notwithstanding the Firms’ withdrawal for good cause, Client shall remain obligated to pay the Firms and any associated counsel, out of the Net Recovery, a Reasonable Fee for all services provided and to reimburse the Firms for all reasonable Costs advanced before the withdrawal. 2.Withdrawal Without Cause. The Firms may terminate this Agreement at any time, without cause, by giving Client not less than sixty (60) days prior written notice of termination, said notice to specify the effective date of the termination. Where the Firms terminate this Agreement without cause, the Firms shall not be entitled to the recovery of any amount, regardless of the status of any pending Legal Action, and regardless of whether any amounts have been or are subsequently received by Client. VI. MISCELLANEOUS A. LIEN. Client hereby grants the Firms a lien on any and all claims or causes of action that are the subject of the Firms’ Contingent Fee and/or Costs advanced under this Agreement. The Firms’ lien shall be for sums owed to the Firms for any unpaid Contingent Fee or Costs at the conclusion of the Firms’ services. The lien shall attach to any Net Recovery Client may obtain. B. RELEASE OF CLIENT’S PAPERS AND PROPERTY. Upon the conclusion of services under this Agreement, the Firms shall release promptly to Client on request all of Client’s papers and property. “Client’s papers and property” includes correspondence, deposition transcripts, exhibits, experts’ reports, legal documents, physical evidence, and other items reasonably necessary to Client’s representation, regardless of whether Client has paid for said documents or property. C. INDEPENDENT CONTRACTOR. The relationship to Client of the Firms, and any associate counsel or paralegal provided through the Firms, in the performance of services hereunder, is that of independent contractor and not that of employee of Client, and no other wording of this Agreement shall stand in derogation. The fees and expenses paid to the Firms hereunder shall be deemed revenues or expense reimbursements of the Firms’ offices practices and not remuneration for individual employment apart from the business of the individual Firm’s law offices. Page 233 of 235 -10- D. NOTICES. All written notices and communications to Client relating to this Agreement shall be mailed to or personally delivered to Client, addressed to: Tim Bolduc, City Manager, 198 N. Wilson St., Crestview, FL 32539. Written notices and communications to the Firms relating hereto shall be mailed to or personally delivered to Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A., 316 S. Baylen St., Pensacola, Florida 32502, unless and until the Firms given written notice to Client of a change in such office address. E. CONFIDENTIALITY. This Agreement establishes the relation of attorney- client between the parties hereto. The Firms shall hold all money and property of Client in trust for Client’s benefit, with all funds deposited and managed in the Firms’ client trust account as required by law. The Firms shall not divulge Client’s confidences and shall be entitled to the candid cooperation of all Client’s employees in all matters related to the assigned files and any related actions. Furthermore, this Agreement is an attorney-client communication and shall not be disclosed by Client or the Firms to any third party, except as may otherwise be required by law. In the event of a request, demand, or lawsuit to compel Client to provide a copy of this Agreement or a description of its terms, the Firms shall work with Client to provide an appropriate response and the Firms shall defend any such litigation at the Firms’ cost. Nothing herein shall preclude the Firms and Client from agreeing together to disclose the Agreement or its terms. F. DISCLAIMER OF GUARANTEE. Although the Firms may offer an opinion about possible results regarding the subject matter of this Agreement, the Firms cannot guarantee any particular result. Client acknowledges that none of the Firms have made promises about the outcome and that any opinion offered by the Firms in the future shall not constitute a guarantee. G. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement shall be binding on the parties. H. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement shall be severable and remain in effect. I. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing, approved and executed in the same manner as the initial Agreement. J. RECITALS; TITLES, SUBTITLES, HEADINGS. The recitals to this Agreement are part of this Agreement, but all titles, subtitles, or headings in this Agreement have been inserted for convenience, and shall not be deemed to affect the meaning or construction of any of the terms or provisions of this Agreement. K. ARBITRATION OF DISPUTES. Notwithstanding any other provision of this Agreement, any disputes relating to the Firms’ Contingent Fee and/or arising out of this Agreement may first be submitted to the State Bar’s program for arbitration of fee disputes. If a fee dispute arises, the Firms shall provide Client with information about the State Bar program. Page 234 of 235 -11- L. VENUE IN ACTION ON AGREEMENT. In any dispute relating to the Contingent Fee or other dispute arising out of this Agreement, the venue shall be Okaloosa County, Florida. M. GOVERNING LAW. The terms and provisions of this Agreement and the performance of the parties hereunder shall be interpreted in accordance with, and governed by, the laws of the State of Florida. N. EFFECTIVE DATE OF AGREEMENT. The effective date of this Agreement shall be the date when last executed by the Parties. Once effective, this Agreement shall, however, apply to services provided by the Firms on this matter before its effective date. O. AUTHORITY OF PARTIES. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf each sign. P. EXECUTION. This Agreement may be executed by transmittal of electronic (.pdf) signature counterparts. The foregoing is agreed to by: ______________________ _______ J.B. Whitten, Mayor Date City of Crestview Attest: ______________________ Maryanne Schrader, City Clerk ______________________ _______ Kevin J. Madonna Date Law Office of Kevin Madonna, PLLC 48 Dewitt Mills Rd Hurley, NY 12443 ______________________ ______ Ned McWilliams Date Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A. 316 S. Baylen Street Pensacola, FL 32502 ______________________ ______ Jon Holloway Date Jonathan Holloway, P.A. 420 E. Pine Avenue Crestview, FL 32539 ______________________ ______ Michael A. London Date Douglas and London, P.C. 59 Maiden Lane, 5th Floor New York, NY 10038 ______________________ ______ Alexander Leff Date SL Environmental Law Group PC 201 Filbert Street, Suite 401 San Francisco, CA 94133 ______________________ ______ Rob Bilott Date Taft Stettinius & Hollister, LLP 425 Walnut St., Suite 1800 Cincinnati, OH 45202 Elizabeth, NJ 07208 Page 235 of 235