The URL can be used to link to this page

Agenda Packet 9-24-12.� �. ETRA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of September 10, 2012. B. Approve the minutes of the Commission Briefing of September 7, 2012 (attended by Commissioner Beckenbach). 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Building Department Report, Financial Reports, and Utility Sales Report for August 2012. B. Approve the award of contract for Concrete Repairs for the Public Works/Utilities Department to Intron Technologies, Inc. for three years starting October 1, 2012 (Bid No. 1112 -09). 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 12 -14, Public Hearing and Final Reading on adopting a Millage Rate. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30,2013; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. 7. Action on Ordinances A. Ordinance No. 20 -12 -117, Public Hearing and Final Reading AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013. B. Ordinance No. 80- 12 -82, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY STORM WATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22 -335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Miscellaneous Business A. Donation of property adjacent to River Branch Preserve. (City Manager) B. Renewal of City Non - Benefit Insurance. (City Manager) C. Beach Cleaning Contract Renewal vs. Performing Services In- House. (City Manager) D. Contracts with Organizations Providing Recreation Programs at City Facilities. (City Manager) E. Advisory to amend Section 24 -51 of the Land Development Regulations, to clearly delineate minimum public hearing and notice requirements for all types of land use requests and to amend Section 24 -69(a) of the Land Development Regulations, to increase the fee for variance and waiver requests. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Discussion on Video Recording of Public Meetings. (Commissioner Woods) B. Report from City Attorney on options for approval of minutes. (City Attorney Jensen) C. Presentation of Information pertaining to Selva Marina Country Club. (Commissioner Beckenbach) If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, September 21, 2012. MINUTES REGULAR CITY COMMISSION MEETING September 10, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tem Maria Mark Commissioner Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Carolyn Woods City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Special Called (Shade) Meeting of August 27, 2012 and the Regular Commission Meeting of August 27, 2012. Motion: Approve the minutes of the Special Called (Shade) Meeting and the Regular Commission Meeting of August 27, 2012. Moved by Woods, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Approve the minutes of the Budget Overview Meeting on August 14, 2012 (attended by Commissioners Beckenbach and Mark). Motion: Approve the minutes of the Budget Overview Meeting on August 14, 2012. Moved by Mark, Seconded by Beckenbach Votes: Aye: 2 — Beckenbach, Mark Nay: 0 MOTION CARRIED C. Approve the minutes of the meeting on the Robert Street Ditch held at Donner Community Center on August 16, 2012 (attended by Commissioners Beckenbach, Mark and Woods). Motion: Approve the minutes of the meeting on the Robert Street Ditch held at Donner Community Center on August 16, 2012. Moved by Woods, Seconded by Mark Votes: Aye: 3 — Beckenbach, Mark, Woods Nay: 0 MOTION CARRIED September 10 2012 REGULAR COMMISSION MEETING Page 2 2. Courtesy of the Floor to Visitors. A. Proclamation for Constitution Week Mayor Borno read the Proclamation recognizing September 17 - 23, 2012 as Constitution Week and presented it to Jane White, representing the Daughters of the American Revolution, Ponte Vedra Division. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Lance Wolfson, 1725 Beach Avenue, addressed the Commission regarding the approval of the committee's findings on the police building. He stated having had the opportunity to work with them and come up with the current design for the facility, he now believes the current building he designed is not necessarily in the best keeping for that site and the community. He stated there could be alternative ideas and believes there were some redundancies in the plan and some things they could have addressed that were not. Annabelle Gonzales and Tamara Marshall, 515 W. 6 th Street, Jacksonville, members of Students Working Against Tobacco, thanked the Commission for passing the ordinance prohibiting self service displays and placement of tobacco products behind the counter. They stated Students Working Against Tobacco wanted to thank them for helping in the fight against big tobacco and presented a plaque to the Commission in recognition and appreciation for their actions in promoting tobacco -flee policies. Sally Clemens, 1638 Park Terrace West, asked that the Commission please speak into their mics. She stated they need better communication. She stated on June 11, 2012, along with the report from the appointed volunteer committee and the dissenters' report, she asked practical questions but to her knowledge none of these issues have been addressed by this Commission, the City staff, the police or the committee. She stated the cost and permitting of the culvert, as mentioned in the committee report, should have been investigated by now and would not be an unknown cost. She stated a new building is needed and there was a thorough process by an appointed citizen's committee to determine what is needed at this time and what could be addressed at a later expansion and asked if all of this was in vain. Kathy Christensen, Director of Education Program at Beaches Habitat for Humanity, and Sue Goebertus, After - school Coordinator, 1671 Francis Avenue, explained their education programs at Donner and Jordan Community Centers and their partnership with the City of Atlantic Beach in the after - school programs. They expressed their appreciation for the opportunity to partner with the City in these programs and stated they need more mentors and volunteers for the after - school programs. Mayor Borno stated he will keep it in mind that they need volunteers. They gave a hand -out to the City Clerk for distribution to the Commission. Nancy Whittington, 861 Beachside Court, thanked the Commission for not raising the millage for the coming year. She further discussed the police building, stating the process should start with what is the community's security needs. She thanked each of the Commissioners for their specific actions regarding the police building and asked that Commissioner Mark consider including this topic at the Town Hall meetings. She asked that the Commission take a closer look at what the community is asking them to do and as they proceed forward look at using those town hall sessions to do something that adds a little more information in their efforts and then use a slow trigger but a fast bullet to implement. Richard Selby, 3 Forrestal Circle N., spoke in opposition to the police building stating he cannot see why they want to move forward with this. He stated it is a real waste of time to keep throwing it out there to be September 10. 2012 REGULAR COM MISSION MEETING Page 3 discussed. He stated this should be a dead and moot issue at this point in time. He asked don't they have more pressing issues than this. He stated regarding taxes, first they are going to raise the taxes and now they aren't. He stated hard decisions need to be made and he feels like he is talking to empty stools up there. He stated they don't seem to want to make any progress at all on anything. Bill Ghiotta, 1528 Park Terrace West, addressed the police building and encouraged them to reconsider the Fleet and Associates plan which was already paid for. He stated he was surprised the committee members were selected with a predetermined cause in mind and was stacked for this proposal of spending a lot of money on a police building. He stated he believes some committee members should have excused themselves due to conflicts of interest, although legal opinion was offered and it was determined there was no conflict. He stated the cost of this building has not been fully discussed, including the site work to prepare the foundation for this building. He stated when you aren't telling the whole truth, you are almost approaching a lie. He stated he believes there are items included in the plan that are totally unnecessary, such as a forensics lab, a teen holding cell and a holding cell. He stated Mayor Borno was boasting about the low crime rate but yet continues to push a new police building. He urged the Commission to reconsider the plans by Fleet and Associates that we have already paid for and have those brought to the forefront and forget about spending $4 -6 million when they don't even have detailed plans. He asked how many public projects come in at budget, stating he has no faith in that at all and this is fiscally irresponsible spending on a police building like that in this community. Bill Mayhew, 1870 N. Sherry Drive, stated he opposed the police building as currently proposed. He stated they need an independent professional study done of functions needed, space required for now and the future and to look at alternative sites. He stated this should be on a referendum so they can find out what the people really want. He also stated other items that should be put on a referendum are the defined benefit pension plan vs. defined contribution plan, whether they want to pay $5 million/year for police services, and whether they want a compensation package for the City Manager of over $180,000 /year. Mark Tomaski, 448 Snapping Turtle Court W., thanked Commissioner Mark for the idea of the Town Hall Meetings and Commissioner Daugherty for the splash park. He further stated he agreed with Nancy Whittington's comments regarding the police building. He suggested they go back to the drawing board and get an independent study to see what the needs are for our community with regards to a building. He stated the police are doing a great job because they are good people; it is not the building, it is the people. Susanne Barker, 1938 Beachside Court, spoke in opposition to the police building as it currently stands because it infringes on the park. She stated it would probably be a good idea to wait and have some of the community meetings that Commissioner Mark had talked about to see what the citizens feel are the needs and to have some real facts from the police as to what are the needs. She stated when everybody, nationwide, is cutting back on expenses she believes it is unbelievable that we, as such a small community, would even consider spending as much money on a police building. Jackie Beckenbach, 2210 Oceanwalk Drive W., spoke in opposition to the police building. She stated the platform the three Marks ran on last year was more open government, bringing businesses back to the City of Atlantic Beach and the fact that citizens of Atlantic Beach were not interested in spending $4 -5 million on a 14,000 s.f. police station for a city that has a declining population, the lowest crime rate at the beaches and no plan for expansion of the current police force. She stated she finds it disappointing that the people's voice is being ignored as they press ahead with a single option item to meet the needs of our local police department. She stated there is a recognized need for reorganization of the current police space and a need for additional storage room within the facility. She proposed putting this issue on the ballot next year as a referendum with several options and asked that they vote no tonight and defer this decision to next year's election. September 10, 2012 REGULAR COMMISSION MEETING Page 4 No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the List of New Businesses for August. B. Extend the contract for beach cleaning with Beachcombers North, Inc. for one year at the current prices (Bid No. 0910 -17). Mayor Borno read the Consent Agenda. Commissioner Daugherty pulled Item B. Motion: Approve Consent Agenda Item A as read. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Daugherty stated he believes staff should ask for discounts when doing contract renewals and seeking out bids. He stated he would like to see if this is something we can do in -house and asked to make a motion to defer until next meeting and instruct staff to ask the vendor for a 10% discount for contract renewal. He stated if they are not able to obtain that, then they should take this in -house until this can be bid out. Motion: Defer to next meeting. Moved by Daugherty, Seconded by Woods Commissioner Beckenbach stated he believes the last time they discussed this, Mr. Hanson and Mr. Carper stated that was not the usual format to go back to one particular vendor and ask them to go down by 10 %. He stated if they asked someone to go down 10% then it would have to go into a bid process. He stated what Commissioner Daugherty is really asking for is an opening of the bid process no matter what. City Manager Jim Hanson stated he has an ethical problem when you go back to any one contractor and ask them for a discount without giving everybody else the same option. He stated in this particular case this was the only bidder we have been able to get. He stated with the Commission's request on this he has told Public September 10 2012 REGULAR COMMISSION MEETING Page 5 Works that on just about all of these we are going to rebid them every year no matter how much cost or time it takes. He stated since this is the only bidder we have been able to get, it seems unreasonable to go back to them and ask them for another bid because they know they are the only bidder. He stated it was bid one year ago, they are offering the same price and we can't find anyone else who wants to bid it. He stated he believes they know that and does not know why they would offer us a lower price. Discussion ensued. Commissioner Daugherty stated he would like to take the time to ask Mr. Carper if we can do this in- house, what the cost for that would be and defer it to the next meeting. Discussion ensued. Votes: Aye: 4 — Beckenbach, Daugherty, Mark, Woods Nay: 1 - Borno MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances A. Public Hearings on adopting a Tentative Millage Rate and adopting Ordinance No. 20 -12 -117 establishing the Operating Budget for fiscal year 2012/2013. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013. Mayor Borno read Ordinance No. 20 -12 -117 by title explaining the first item to be considered is the adoption of a Tentative Millage Rate. He stated the Millage Rate is 3.3285, the Tentative Millage Rate is 3.3285, the Roll —Back Rate is 3.4550, and the Tentative Millage Rate is 3.66% less than the roll back rate. He explained the purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated and proposed cost and to continue to maintain the City's infrastructure. Motion: Adopt a Tentative Millage Rate for operating purposes of 3.3285. Moved by Beckenbach, Seconded by Mark Mayor Borno opened the Public Hearing. Ray Brown, 523 Clipper Ship Lane, stated he is against the millage rate because it doesn't accurately reflect the true cost of this government. He stated fees are being utilized to keep the millage rate artificially low. He stated fees should cover the cost of the service, not generate a profit that is then moved to the general fund and used to keep the tax rate low. He stated only absentee property owners benefit from this because they don't pay fees, which they are going to increase; they pay taxes which they are going to decrease. He stated the Commission should at least have the moral turpitude to tell the residents they are going to charge them excess September 10 2012 REGULAR COMMISSION MEETING Page 6 fees so they can provide a benefit to absentee property owners. He stated, as a resident property owner, he prefers paying higher taxes and reduced or eliminated fees. No one else from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Mayor Borno stated the second item to be considered was Ordinance No. 20 -12 -117 establishing the Operating Budget for fiscal year 2012/2013 of $25,641,018. Motion: Approve Ordinance No. 20 -12 -117 establishing the Operating Budget for fiscal year 2012/2013 of $25,641,018. Moved by Beckenbach, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Ordinance No. 80- 12 -82, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY STORM WATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22 -335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80 -12 -82 by title. Motion: Approve Ordinance No. 80 -12 -82 as read. Moved by Mark, Seconded by Woods Mayor Borno stated fees and ad valorem taxes were discussed at the budget workshops and it was the consensus of the Commission to direct staff to prepare the budget with an increase of $1.50 /month per housing unit for the purpose of trying to get the stormwater operating budget to pay for itself, which has not been reached yet. Commissioner Daugherty further explained the fee increase decision. Commissioner Woods discussed videotaping the meetings and stated at some point she would like to ask the Commission for consensus to request the City Clerk to look into some options. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED September 10, 2012 REGULAR COMMISSION MEETING Page 7 8. Miscellaneous Business A. A. Building Code Effectiveness Grading Schedule (BCEGS). Building Official Michael Griffin stated this is to recognize the City Building Department for receiving a classification rating of 3 from the Insurance Services Organization. He further summarized his staff report explaining the ISO ratings. He answered questions from the Commission. Mr. Hanson pointed out the one area where we lost more points than any other was because the ISO thought we didn't have enough people doing the job. He stated he believes Mr. Griffin deserves a pat on the back for a pretty good report, particularly since he is doing it with fewer people than the ISO thinks we need to do it. 9. City Manager A. City Manager's Report. Mr. Hanson reported there is an upcoming webinar on Amendment 4 which will be on the ballot this November held on October 10 from 2:00 -3:00 p.m. He summarized the Amendment, stating if passed it will have a serious impact on local government budgets. He stated if any of the Commissioners want to sit in on that webinar to let Donna Bartle know because if we have more than one Commissioner we will have to publicize it as a public meeting. He further reported on the complaint on the property at Aquatic Drive adjacent to the dog park stating the owners have cleaned the property. 10. Reports and /or requests from City Commissioners and City Attorney A. Town Hall Meeting Scheduling. Commissioner Mark stated she would like to delay this until after the police building discussions. B. Appointment to the Cultural Arts and Recreation Advisory Board. Commissioner Daugherty explained a motion to reappoint Hollie Stephens was accidentally omitted from the recommendations at the last meeting and was not brought before the Commission for approval. Motion: Approve recommendation to reappoint Hollie Stephens to an additional term ending July 8, 2014 on the Cultural Arts and Recreation Advisory Committee. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED C. Appointment to the Code Enforcement Board. Commissioner Daugherty explained the recommendations made by the Board Member Review Committee for the vacancies on the Code Enforcement Board. September 10 2012 REGULAR COMMISSION MEETING Page 8 Motion: Approve recommendations to appoint Benjamin deLuna to serve as a regular member on the Code Enforcement Board with his term beginning October 1, 2012; to appoint Veda Harless to serve an additional term on the Code Enforcement Board beginning October 1, 2012; to appoint Meade Coplan to fill the unexpired term of Ray Martin on the Code Enforcement Board beginning immediately and expiring on September 30, 2013; and to appoint John Stinson to serve as the alternate member on the Code Enforcement Board beginning October 1, 2012. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED D. Direction from Commission on Police Building. 1. Vote to approve report and recommendation of the Police Building Ad Hoc Committee. 2. Further direction from Commission, if needed. Motion: Approve report and recommendation of the Police Building Ad Hoc Committee. Moved by Borno, Seconded by Daugherty Commissioner Woods asked what the motion means. Commissioner Mark stated, according to Roberts Rules, it would mean they would agree to what has been recommended by that committee and going forward with that recommendation. Commissioner Woods stated she would like to make an addendum to the motion and separate the two items so they can approve the report and then separate out whether they are going to approve and move ahead with the recommendation. Commissioner Mark stated, according to Roberts Rules, if you accept the report and recommendation then you have approved and agreed to what has been recommended in the report and moving forward. She stated you cannot separate the two. Mayor Borno thanked the members who served on the committee, stating they put in a tremendous amount of their own personal time and efforts. He further explained why he brought this subject up and why the process for the police building needs to be started. Commissioner Daugherty apologized to the committee stating this has become an embarrassment and they don't deserve this. He stated he didn't want this to go to committee but this Commission didn't have the guts to do what they were elected to do and make a decision. He stated they have had citizen involvement and believes the Commission is well versed on this and believes they need to get this done. Commissioner Mark thanked the committee members and stated her reasons for not supporting this does not reflect on the work they did and she believes they made the best recommendation they could. She stated she regrets that some of the committee members have become public targets of scrutiny and criticism, which is not a way to thank our citizens for volunteering their time to try to find a solution or recommendation to a very difficult situation. She explained she is against the motion because the citizens are against it, and the Commission has to take ownership of this. She stated she believes this is a decision the Commission needs to make tonight. She further stated she cannot support something that will infringe on the park and cannot support any proposal where the citizens will incur any substantial debt unless they agree to it. Sevtember 10. 2012 REGULAR COMMISSION ME ETING Page 9 Commissioner Beckenbach thanked the committee. He stated he has heard from 40 people and none of them said they were really excited about expanding or doing anything on the police building. He explained his reasons for being against the motion, including the citizen's concerns about cost and encroachment on the park. He stated he does not agree that we need 2 acres for the police building and after researching on Google he found that one acre is enough and believes it should be moved to a different location so as not to encroach on the park. Commissioner Woods stated she believes the committee was set up for failure due to the way their charge was worded and the limitations placed upon them. She stated the committee acted in good faith and did the best they could with what they had to work with. She stated she has prepared a motion for the next agenda item, further discussion about the police department, which she believes will address everyone's issues. She also explained why she cannot support this motion. Mayor Borno stated they have put aside approximately $2.6 million for this project from the half cent sales tax. He stated, yes, they would be borrowing money from the citizens if they use half cent sales tax to carry this on because they would divert it from other projects to this one to pay for it. He stated if they go off -site they will incur the cost of the site in addition to the cost of the building. Votes: Aye: 0 Nay: 5 - Beckenbach, Daugherty, Mark, Woods, Borno MOTION FAILED Discussion ensued. Motion: Permanently table all existing plans; determine to follow the International Association of Police Facility Planning Guidelines; include discussion on community desired policing services at our upcoming town hall meetings to begin the process; set the town hall meeting dates — one in each precinct during the month of October at regularly scheduled times; and be dedicated to finding a non- political, fiscally responsible solution with expediency. Moved by Woods Motion failed due to lack of a second. Motion: Have workshop to gather information and make a decision and bring it to another Commission meeting. Moved by Daugherty, Seconded by Borno Discussion ensued. Motion: Amend motion to schedule workshop as quickly as they can. Moved by Daugherty, Seconded by Borno Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED September 10, 2012 REGULAR COMMISSION MEETING Page 10 Commissioner Mark stated, for the record, that before they schedule any workshops or take this one more step further she would like to have 100% commitment from the Commission that they are committed to finding a solution for this problem. She stated if they aren't, if this is just more gathering information, then she doesn't see them spending anymore time, staff time, resources, money, etc. on this subject and just let another Commission handle it. She stated they have followed these steps, they have had a committee, they have gotten recommendations, they have blueprints sitting on the shelf, they are listening to the citizens and she believes if they, as a Commission, are serious about wanting to find a solution then they say they are committed to finding that solution and that is what they are going to do. She stated they are not going to hold anymore workshops just to pacify themselves, the public or anyone else. She stated she does not believe it is fair or a wise way to use their resources or time. It was the consensus of the Commission to commit. Mayor Borno called for a vote on the amended motion. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Discussion ensued regarding the possibility of this taking more than one workshop. The Commission was agreeable to additional workshops, if needed, until this is done. Item IOF was taken out of sequence and acted on at this time. F. Discussion on process for annual COAB administration performance evaluations. Commissioner Beckenbach asked that this item be moved to the next agenda. Motion: Defer this item to the next meeting. Moved by Beckenbach, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED E. Discussion on Police Building. Commissioner Woods stated she believes the basic crux of the problem is that they don't know what they want the police department to do. She discussed the police facilities in Meredith, New Hampshire and showed slides of their building and site plan and design comparisons for similarities and differences to the proposed facility in Atlantic Beach. She stated the differences are the philosophy of what the community wants and desires from their police station and in their police building and pointed out some of the main differences. She stated before you get to the design you have to figure out what you want, what does the City want, what do the citizens want, and how do you want that implemented. She stated if we are going to make major changes to what we have, this is the time to make those decisions. Item 10A was taken out of sequence and acted on at this time. A. Town Hall Meeting Scheduling. September 10, 2012 REGULAR COMMISSION MEETING Page 11 Commissioner Mark stated the Town Hall meetings were originally scheduled to get input on visioning but after hearing the comments she believes the police building should be part of the community visioning process. She stated at this point she does not believe they need to schedule anything but it will be predicated by what they are able to accomplish in the Commission Workshops on the police building. Commissioner Woods stated she would like to make a motion to reschedule the town hall meetings because she believes it would be helpful to have them going on while they are having their strategic meetings so the ideas from both can be incorporated with each other. She believes October would be a good time for town hall meetings and their workshops. Motion: Consider scheduling Town Hall Meetings in October Moved by Woods, Seconded by Beckenbach Mayor Borno stated he believes if they are going to have a town hall meeting, they should have one town hall meeting and advertise it. He stated they don't need to have four to get input. He stated the people who want to talk will attend. He stated they are spreading it out too much and he is trying to take into consideration the City Clerk staff and all the responsibilities it takes with the meeting being recorded, transcribed, etc. Commissioner Beckenbach suggested putting the workshop meeting in place and then in October put a town hall meeting in place as well. He suggested a date but some of the commission did not have their calendars. Mr. Hanson stated when they try to schedule without people having their calendars they have problems and suggested they call so they will have their calendars. Motion: Amend to hold one Town Hall meeting Moved by Woods, Seconded by Daugherty Discussion ensued regarding whether to include the police station with the town hall meeting on visioning. Commissioner Woods withdrew her amendment and motion, Commissioner Daugherty withdrew his second. Motion: Hold Town Hall meeting to discuss visioning for Atlantic Beach, including the topic of the police building, and hold meeting before Commission workshop on police building. Moved by Daugherty, Seconded by Woods Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Commissioner Woods • Will put the idea of videotaping meetings on agenda to get consensus to request the City Clerk to look into this. September 10, 2012 REGULAR COMMISSION MEETING Page 12 Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:45 p.m. ATTEST: Mike Borno Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk Minutes of the Commission Briefing September 7, 2012 Present: City Commissioner Mark Beckenbach, City Manager Jim Hanson, four Atlantic Beach citizens and one reporter. The meeting was called to order in the North Conference Room at approximately 4:10 pm. In accordance with Florida Law, minutes of this meeting have been prepared because more than one City Commissioner had previously indicated to the City Clerk's Office they would be in attendance and notice of the meeting was posted. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on September 10 and other items as follows: I) Minutes 2) Item 7A - Budget ordinance and adoption process 3) Item l0A - Town Hall Meetings schedule 4) Item l OD /Item I OE - Police Building 5) Item l OF - Process for Performance Evaluations 6) Budget Workshop Process; City Manager asked for input from Commissioner Beckenbach as to his impressions, having gone through his first budget workshop process as a city commissioner. 7) Selva Marina Country Club status; City Manager Hanson reported on the status of getting input from the Board of the Country Club per previous instructions from the City Commission. 8) Tipping Fee; City Manager Hanson reported on the status of dealing with the City of Jacksonville concerning the proposed landfill tipping fees. 9) Union Negotiations Status; City Manager Hanson reported on the status of meeting with the City's unions to present the proposals as directed by the City Commission in the last Shade meeting on August 13, 2012. The meeting was adjourned at 5:10 p.m. Jim Hanson, City Manager NIT�IV Lt1 . i i:iv. m -r� L ---- SEPTEMBER 24, 2012 N N — N W 2 — — — — — — a) ti as Z p O} r co 0 ti M C C*4 r0 r LL U � 0. 0. J Q W W W N Z N Z ~O 0) > , W r O J -� Z N ~Op co O Q N WZ0: W = ?pJJ WN O W cc N co m W a 2 N d Z N M O O O O O O O O O O O O W O O O 00 O O O O O O O O N O O O O O O O O O O A `i tt� IgfAM p 1� 1p N p O J O C O O O N N O OwtG 'R O O O LA 1�O It O N Jr.. O M eei CO Q M N O N r at O C4O r N 00 co Cl) M N (1) O W!1'r NM N 00 d st N LO V 0 Z O N It- N N N� 61). r V p 40 LL H 04 0 Z O = O U Q a I .. Z 6& 69. ° o ° o W 0 ° o O r o 00, = �- O CV o O O ad N O 0 Q o 0 M n 00 O h W Z Z Z r t0 0 via 0 Z O vI O y r0 N N Cl) r- NO'! r N ~ � G p r / iii O N iii�� W O O O O O 0 0 0 0 00 0 0 0 0 0 0 0 0 0 Lq 0 O 0 0 0 0 0 0 0 0 0 0 0 0 O Lq O 0 O M Q = Q LL h V) h 0 O h ' �i'0000Mh0AM00 P. M N co h O N O 0 hM0)IgT"1�00 O O O O O h O 0. 1-- ^ Q O r r N O LO W 1 r Cc r r 1� 1� r N N U) le rr W V O r N M N N r N ate° v LJ.I V N H co a O C� a N Z W N er tL N h 0 co C r r a J � w 0. -- co W N NMNr-ONC71Nr r CO co N N N a0OM1..0r0NIr - M W W LL O r p- N eq Z pN0 MMw� co r Q CO) J o O O ap z 9 I- U) 0 CO) U oz � Q? IWiaZ W J J m a ® J x J J Q J N J J J O O Z} W Q 3V QJF:.UQUwVUUo a z — O WZIL } IL W� IL z�varn -Zzz0 1. NQ wx J W JO w w J p p W — ~ mU 2 2 2 IL O o m p J Q w U S W J z J t�a.22x o Z y WUU Oz2?mUzzz p >J-O w W p l!J Z a v�p�UO p W 1-- F v�z�UUUO,w22a.m�paaoav�ILp�:vaa W W O O O W J w W J o— w W W U W v5 w 0 City of Atlantic Beach AGENDA ITEM # 4A FINANCIAL REPORT SEPTEMBER 24, 2012 AUGUST 2012 Cash Balances Prior Current Dollar Fund(s) 07131112 08131112 Change General $6,382,916 $6,204,913 ($178,002) Tree Replacement 3,509 6,493 2,984 Convention Development Tax 22,849 35,174 12,325 Local Option Gas Tax 314,826 36,167 (278,660) Better Jax 1/2 Cent Sales Tax 90,320 94,164 3,844 Police Training, Forfeiture, Grants, etc. 156,179 143,028 (13,151) Community Development Block & ARRA Grants (105,992) (267,248) (161,257) Debt Service 62,115 68,174 6,059 Capital Projects 2,642,151 2,688,286 46,134 Utility 6,350,834 6,250,852 (99,982) Sanitation 685,716 686,537 820 Building Code Enforcement 53,334 62,028 8,694 Storm Water 1,282,804 1,324,882 42,078 Pension - Police 20,293 31,669 11,376 Pension - General 281,067 17,075 (263,992) Investments - Unallocated Gains (Losses) 246,099 303,945 57,846 Total $18,489,020 $17,686,139 ($802,881) 1,000,527 163 0.19% Total Restricted Cash MSSB Money Market/Cash $8,097,170 9,245 Total Unrestricted Cash 0.00% $9,588,969 SBA - Florida Prime Cash and Investments Prior Current Dollar Rate of Account 07131112 08131112 Change Return Bank of America - Depository $4,853,547 $3,952,673 ($900,874) 0.25% Columbia Limited Duration Fund 2,086,926 2,098,988 12,062 1.56% (1) Delaware Diversified Income Fund 1,673,366 1,676,829 3,463 2.47% (1) Lord Abbett Short Duration Fund 1,638,997 1,647,865 8,868 2.81% (1) Putnam Diversified Income Fund 2,006,316 2,032,084 25,768 5.59% (1) Putnam Income Fund 2,049,922 2,074,726 24,804 2.29%(l) American Century GNMA Fund 1,007,105 1,008,588 1,483 2.39%(1) Alliance Limited Duration High Income Fund 2,159,781 2,181,163 21,382 4.29% (1) Legg Mason WA Cash Reserve Fund 1,000,364 1,000,527 163 0.19% MSSB Money Market/Cash 9,245 9,245 0 0.00% SBA - Florida Prime 300 300 0 0.30% Cash on Hand 3,150 3,150 0 N/A Subtotal 18,489,020 17,686,139 (802,881) Rate of Return Police Pension Investments 6,755,799 6,942,987 187,189 12.02%(2) General Pension Investments 11,909,344 12,439,980 530,635 14.88%(2) Subtotal 18,665,143 19,382,967 717,824 Total $37,154,163 $37,069,106 ($85,057) (1) 30 day SEC Yield as of 08/31/12 (2) Fiscal Year to Date Rate of return as of 08/31/12 City of Atlantic Beach SEPTEMBER 24, 2012 FINANCIAL REPORT AUGUST 2012 Revenues Fund / (Footnote) Annual Estimate YTD - 83% of Estimate YTD Actual Dollar Variance Percent Variance General $10,964,642 $10,054,577 $10,234,733 $180,156 1.79% Convention Development Tax 72,000 66,024 148,289 82,265 124.60% Local Option Gas Tax 472,612 433,385 390,366 (43,019) -9.93% Better Jax 1/2 Ct Sales Tax 646,212 592,576 596,235 3,659 0.62% Police Training, Forfeiture & Grants, etc. 138,796 127,277 156,763 29,486 23.17% Grants 519,658 476,527 377,393 (99,134) - 20.80% Debt Service 71,300 65,382 66,380 998 1.53% Capital Projects (1) 2,266,207 2,078,112 505,078 (1,573,034) - 75.70% Utility (2) 8,368,949 7,674,327 13,024,947 5,350,620 69.72% Sanitation 1,804,500 1,654,727 1,632,212 (22,515) -1.36% Building Code Enforcement 265,900 243,830 251,992 8,162 3.35% Storm Water 972,200 891,507 891,627 120 0.01% Pension - Police (3) 1,232,311 1,130,029 1,409,677 279,648 24.75% Pension - General (3) 2,122,019 1,945,891 2,709,187 763,296 39.23% Total $29,917,306 $27,434,171 $32,394,879 $4,960,708 Analysis of Major Variances (1) The $1,573,034 negative variance in the Capital Projects Funds resulted from not having received the proceeds from the proposed loan for the new Public Safety building. If the loan was not included in this calculation, the variance would be a positive 7.9 %. (2) The $5,350,620 positive variance in the Utility Funds resulted from receiving proceeds from the State Revolving Fund Loan for the sewer plant improvements. If the loan was not included in this calculation, the variance would be a positive 1.2 %. (3) The $279,648 positive variance in the Police Employee Pension Fund & the $763,296 positive variance in the General Employee Pension Fund resulted from changes in market values of the investments. City of Atlantic Beach FINANCIAL REPORT AUGUST 2012 AGENDA ITEM # 4A SEPTEMBER 24, 2012 Expenses Department / (Footnote) Governing Body City Administration General Government Planning and Building Public Safety (1) & (4) Recreation and Special Events Public Works (2) & (4) Public Utilities (3) & (4) Pension - Police Pension - General Total Annual Estimate YTD - 83% of Estimate YTD Actual Dollar Variance Percent Variance $41,986 $38,501 $38,077 $424 1.10% 2,656,087 2,435,632 2,152,877 282,755 11.61% 806,364 739,436 616,230 123,206 16.66% 550,867 505,145 373,426 131,719 26.08% 10,112,138 9,272,831 4,791,297 4,481,534 48.33% 394,207 361,488 356,926 4,562 1.26% 6,124,266 5,615,950 5,085,872 530,078 9.44% 14,418,298 13,221,580 12,326,116 895,464 6.77% 587,832 539,042 611,880 (72,838) -13.51% 740,710 679,231 700,604 (21,373) -3.15% $36,432,755 $33,408,836 $27,053,305 $6,355,531 Resource Allocation Personnel Services (4) Operating Expenses (2) & (4) Capital Outlay (1) & (2) Debt Service (3) Transfers Total Annual Estimate YTD - 83% of Estimate YTD Actual Dollar Variance Percent Variance $9,810,465 $8,996,196 $8,393,409 $602,787 6.70% 10,584,205 9,705,716 8,914,017 791,699 8.16% 12,072,296 11,070,296 6,425,293 4,645,003 41.96% 2,297,807 2,107,089 1,790,776 316,313 15.01% 1,667,982 1,529,539 1,529,810 (271) -0.02% $36,432,755 $33,408,836 $27,053,305 $6,355,531 Analysis of Major Variances (1) The positive variance in the Public Safety divisions resulted from the deferral of the budgeted expenditures on the Police Building — see Project Activity Schedule. The variance without the budget for the Police Building is a positive 7.9 %. (2) The positive variance in the Public Works divisions resulted from: only 10 of the 11 payments being paid on the 1 St Vehicles & Advanced Disposal Services contracts, 54.9% expended fiscal year to date on the Stormwater Contractual Services & 39.7% expended fiscal year to date on projects - see Project Activity Schedule. (3) The positive variance in the Public Utilities divisions resulted from delaying the payments to the State Revolving Fund loans until fiscal year 2013. (4) The positive variance in the Personnel Services resulted from vacant positions that have not been filled or have been filled with employees at a lesser wage & benefits. The vacancies &/or replacements include the following departments: Public Works, Painters, City Manager, Planning & Development, Police, Public Utilities, Finance, Human Resources, Building, Code Enforcement & Lifeguards. The Lifeguards are typically seasonal employees working May through September. City of Atlantic Beach FINANCIAL REPORT AUGUST 2012 Project Activity - Current Year Activity Only AGENDA ITEM # 4A SEPTEMBER 24, 2012 Project Name Project Number Budget YTD Actual YTD Balance Status Public Safety Retrofit HVAC Systems GG1201 223,945 223,419 526 C Lifeguard Building Roof Replacement LG0901 4,750 4,750 0 C Police Building Renovation /Design /Construction PS0504 4,432,582 14,814 4,417,768 DE 4,661,277 242,983 4,418,294 Public Utilities: TMDL - Lift Station /Main Transfer Flow PU0906 72,810 61,642 11,168 1 Donner Subdivision Sewer Rehabilitation PU 1015 175,590 173,813 1,777 C Replace 2" Water Main - 11th Street PU1104 57,402 57,403 (1) C TMDL Upgrade /Construction - WWTP #1 PU1106 3,218,851 3,010,789 208,062 1 TMDL Sludge /Odor Improvements PU1110 2,392,785 2,098,952 293,833 1 Elevated Tank #1 - Internal Rehabilitation PU1201 0 0 0 R Ground Storage Tank WP #2 - Interior Rehabilitation PU1202 0 0 0 R Ground Storage Tanks WP #3 - Recoat Interior PU1203 0 0 0 X Water Main - 12th Street at Ocean Blvd /Beach Ave PU1204 60,000 8,456 51,544 1 Water Main - 14th & 15th Street at Ocean Boulevard PU1205 294,302 8,363 285,939 1 Sewer Rehabilitation - Area B PU1206 380,000 365,036 14,964 C Water Plant #1 - New Concrete Vault PU1207 10,731 10,730 1 C Subtotal 6,662,471 5,795,184 867,287 Public Works: Riverbranch Preserve - Kayak & Canoe Launch PM0804 16,113 14,906 1,207 C Parking Improvements - Donner Park PM 1106 115,901 75,827 40,074 1 Veteran's Park - Phase II - Memorial Garden PM1110 13,102 3,577 9,525 D Howell Park Bridge Replacement PM 1201 0 0 0 X Bull Park Playground Equipment Replacement PM 1202 40,000 0 40,000 Sidewalk & Curb Replacement PW1101 5,406 0 5,406 N Sidewalk & Curb Replacement PW1201 11,711 3,555 8,156 C East Coast Drive Drainage Improvements PW1202 50,000 0 50,000 Subtotal 252,233 97,865 154,368 Total $11,575,981 $6,136,032 $5,439,949 Status Key A - Bid Advertised E - Design Phase B - Bid Awarded I - Project In- progress C - Project Completed N - Complete /Non - Capital D - Design Completed R - Re- budget Next Fiscal Year DE - Deferred X - Project Cancelled AGENDA ITEM # 4A SEPTEMBER 24, 2012 City of Atlantic Beach, Fl. Utility Sales Report INNER, Aug 2012 Aug 2 011 .�--'r ..'��... -, , r` r __��`�"' w:-- - �r.r _.w.,r,,...,. ?,�,_,,'�„rx "'»,- ";�V*�..= ^•'r_- . -�., '�.�,7...� ,.r �- _,;. -w.. .-, r- ._..�r�. -<�. r . ,,. -.,. ,,.1 0 ON Gallons Actual Revenue Gallons Actual Revenue Water Sales Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 g1 1 Atlantic Beach 5,615 46,041 $169,430 $3.68 1 5,289 45,192 $165,634 $367 Buccaneer 2,456 19,406 $96,451 $4.97 2,432 19,057 $104,165 $5.47 Total Water Sales 8,071 65,447 $265,882 $4.06 7,721 64,249 $269,799 $4.20 Gallons Gallons Water Plant Production 0000 0000 Pall Atlantic Beach 48,331 62,834 H, Buccaneer 19,528 19,787 Total Production 67,859 82,621 Total Water Billed 65,447 64,249 ON O Water Loss for month: 2,412 18,372 IF � r Percentage Loss 3.55% 22.24% K Y Total 12 mo. Avg. Loss 15.76% 16.88% c � Gallons Actual Revenue Gallons Actual Revenue Sewer Sales Accounts 0000 Revenue Per 1,000 gi Accounts 0000 Revenue Per 1,000 gl Atlantic Beach 5,196 35,331 $257,427 $7.29 5,140 34,116 $250,591 $7.35 Buccaneer 2,349 20,656 $187,524 $9.08 2,359 19,867 $186,090 $9.37 Total Sewer Sales 7,545 55,987 $444,951 $7.95 7,499 53,983 $436,681 $8.09 Gallons Actual Revenue ® Gallons Actual Revenue I Sewer Treatment 0000 Revenue Per 1 ,000 gI 0000 Revenue Per 1,000 gl Atlantic Beach 66.885 $257,427 $3.85 47.680 $250,591 $5.26 Buccaneer 12.967 $187,524 $14.46 19.905 $186,090 $9.35 Total Sewer Treated 79.852 $444,951 $5.57 67.58 $436,681 $6.46 r - p ye : R,1 1 .i�. ,� ;1 _'� 6rlr f1 .,` ' _ �. n'�. �' {� •.'1� x'44 tih. --' � rdfl •t• -! �5 �iu t ��, � '• ", _ 'i'+��"' • J -Y +, � -_-+, a L G ' r .. - i•.� F �w- 7�'��i. t�i,,� • , - r`` - - _r. - .�._ •5 1�.��5,�,��il o il r, i: :Y f _ u - ,•� a. ril .i � _ -�i{ I C" - / +,. •r v tia - iR"a•-0 R '4 *,, i . i �IL �I — ,� F°�; ',�.,n 47,E �n�A .� r - . F• , '1' � " '� -�� •.� � ]' -,' -s• ,t S � i� ="1'± � I' � ., I � el ties., � . e - a�..�..c !Y i � `�" s. - �� • � �!� � "�; iili: � G a.��r • "�QS�'' :� ��,� 'r �}�4i�4-( {�.', r• Y'`l t •i �` i h l7 I • }� #" ' �1 � i' I:�� r --k.Y �..�.IL. � .: 9. �{ 4 : I' I � } 7l � AGENDA ITEM # p SEPTEMBER 24 mw 2 ■ / 0 k { 7 x x x x x x x x x x x< Lo N Lo Lo co an - � § k cD 2 x x x x x x x x x x x\ cD - k § I x x x x x x x x x x x` }_ _ _ _ R < }m c E \§§ : \ -47 § W! a 0 + 2 I ° %} f \ f — k 22 ff� §| (a , E § cL \ §k \ k o R � 2 ] CL § ( ( 2 = cc:, \ § \ § @ } 4) ' ƒ 6 \ J $ § }§ \ I 4) , . a 2 » LL \ k \ k F § § ; $ k }k ) ] \{ f § § c # �) {§ — §) LL N } >■ % � m e k k 3 I J] I R CL k §\ k) -I< \ } f k W k le - am A� 1 4 0 . ti 2 L A 4L- 4 IT .�; � . . . . . . . . ... � �+: -•�-a � -. .max : 'y'�r �;., AGENDA ITEM # 4B SEPTEMBER 24, 2012 N ri O' N ul O v � C C a O_ v V) C C al CL 0 Fn O O O O O O O O ui o Ln o N V) h a0 Ln r N N �n �n �n W O 00 O O O m a) ^ a rn W W O O O O O O O O o ui o u Ln n Ln n tn a n .i 2 U W LU U a 'i 7 D Z 0 0 a v O. a`) O oiS oa a) 0 a m c y v m E 6 > u v E 3 "O 'O ai c c O 7 7 O O u U y u m u E > ai (U t > v c v u O O m m u u u a) 3 w a m, w a u u m m C m O d U U U a a a u a = w a w !� AGENDA ITEM # 6A SEPTEMBER 24, 2012 RESOLUTION NO. 12 -14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30,2013; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida law requires the City Commission of the City of Atlantic Beach, Florida, to pass a resolution levying the millage rate for ad valorem property taxes for municipal purposes on all taxable property within the city limits of the City of Atlantic Beach, Florida, for the fiscal year beginning October 1, 2012 and ending September 30, 2013; and WHEREAS, Florida law requires said resolution to state the millage rate to be levied, and also, to state the percentage by which the millage rate to be levied exceeds the rolled -back rate as computed pursuant to Florida law; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, has duly considered the budgetary requirements of the City; has adopted a tentative budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013, based on a millage rate of 3.3285 mills on the taxable property within the City; and has acted in accordance with the terms, provisions, and procedures contained in section 200.065, Florida Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida, that 1. The ad valorem property tax millage rate for municipal purposes to be levied on the taxable property within the city limits of the City of Atlantic Beach, Florida, during the fiscal year beginning Octoberl, 2012 and ending September 30, 2013 is hereby set at the rate of 3.3285 mills. 2. The percentage by which this millage rate to be levied exceeds the rolled -back rate of 3.4550 is negative 3.66 %. 3. This resolution shall take effect immediately upon its passage and adoption by the City Commission of the City of Atlantic Beach, Florida. ADOPTED at a public hearing by the City Commission of the City of Atlantic Beach, Florida on the 24 day of September 2012. ATTEST: Donna L. Bartle City Clerk Mike Borno Mayor / Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney 5 L R - A �iM� w� 7�. �?�� 1T�3.� j„�M, '�,� � .�.3�! �3�1T�'� °F � , r ,' � }. 014 " ' ' ��r f. 1.5liii ��:• F'- �I',I i� I 5 t 4 ` r +: I'f F S'v � �i . I � V I�h� I _ 'i +�; �I, �•„ .7 1 J T �. y , �l . l' �. .1_ _. 1' _J �, �# �YA Lo r, Pw .. ws ' . SiF pti., # irri5 s !I':�' -'t � f'I' - �e ll ..4': 'a� €] .. �'�' � It<� � <:M1�i i ;. ' i r� .t='� �.!'1 �' n E ,� 44, 3dd `"irk' f�. ��'�.'• A� ++ • 1 � +_T'�J� � ��#'T}•_ r■ L '0 L i4 ki AGENDA ITEM # 6A/7A SEPTEMBER 24, 2012 ADOPTION OF THE FINAL MILLAGE RATE AND OPERATING BUDGET FOR FISCAL YEAR 2012/2013 First item to be considered: Adoption of the Millage Rate by Resolution 12 -14 State the following: The Tentative Millage Rate is 3.3285 The Roll —Back Rate is 3.4550 The Tentative Millage Rate is 3.66% lower than the Roll -Back Rate. The purpose for adopting the millage rate of 3.3285 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at the estimated cost and to continue to maintain the City's infrastructure. Motion to adopt a final Millage Rate for operating purposes of 3.3285 Open Public Hearing Close Public Hearing Discussion and Vote Second item to be considered: Ordinance #20 -12 -117 establishing the Operating Budget for fiscal year 2012/2013 of $25,641,018 Motion to adopt Ordinance #20 -12 -117 establishing the Operating Budget for fiscal year 2012/2013 Open a Public Hearing Close Public Hearing Discussion and Vote AGENDA ITEM # 7A SEPTEMBER 24, 20I2 ORDINANCE NO. 20-12-117 AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013. WHEREAS, the City Commission of the City of Atlantic Beach, Florida, on September 10, 2012, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City Commission of the City of Atlantic Beach, Florida, set forth the appropriations and revenue estimate for the budget for Fiscal Year beginning October 1, 2012 and ending September 30, 2013 in the amount of $25,641,018. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; The fiscal Year 2012/2013 budget be adopted, and 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this 10th day of September 2012. Passed by the City Commission on second and final reading this 24th day of September 2012. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Donna L. Bartle City Clerk AGENDA ITEM # 7A SEPTEMBER 24, 2012 City of Atlantic Beach Combined Summary of Revenues and Expenditures Summary of all Funds Cash Forward Revenues General Fund Special Revenue Funds Debt Service Fund Capital Project Fund Enterprise Funds Trust and Agency Funds Total Revenues Other Financing Sources Total Resources Expenditures General Fund Special Revenue Funds Debt Service Fund Capital Project Fund Enterprise Funds Trust and Agency Funds DIVISION TOTALS Other Financing Uses Cash Reserves Total Expenses and Cash Resource Allocation Personnel Services Operating Expenses Capital Outlay Debt Service Transfers Total Proposed Actual Actual Estimate Budget Increase 2009 -2010 2010 -2011 2011 -2012 2012 -2013 (Decrease) 29,093,219 30,599,832 32,307,612 35,729,768 3,422,156 10,821,328 11,477,762 10,821,752 10,768,878 (52,874) 1,731,870 1,653,595 1,915,948 1,380,119 (535,829) 71,152 69,719 71,900 71,900 0 1,085,724 947,525 535,470 5,000 (530,470) 12,027,437 16,221,714 17,752,233 11,805,909 (5,946,324) 2,826,710 1,371,433 3,336,827 3,408,137 71,310 28,564,221 31,741,748 34,434,130 27,439,943 (6,994,187) 679,211 1,106,319 0 0 0 58,336,651 63,447,899 66,741,742 63,169,711 (3,572,031) 9,721,772 10,193,315 10,839,179 10,746,323 (92,856) 2,236,249 1,829,084 2,076,660 1,341,609 (735,051) 71,560 71,343 70,791 72,040 1,249 29,901 452,086 107,162 60,000 (47,162) 13,900,595 16,288,520 16,445,588 11,978,505 (4,467,083) 1,066,368 1,295,322 1,471,702 1,442,541 (29,161) 27,026,445 30,129,670 31,011,082 25,64 1,018 (5,370,064) 710,374 1,010,617 892 0 (892) 30,599,832 32,307,612 35,729,768 37,528,693 1,798,925 58,336,651 63,447,899 66,741,742 63,169,711 (3,572,031) 8,946,509 9,140,073 9,490,525 9,552,641 62,116 9,039,430 9,763,711 10,413,700 10,041,807 (371,893) 5,141,669 6,962,507 7,648,091 2,202,900 (5,445,191) 1,679,951 1,740,872 1,790,784 2,519,412 728,628 2,218,886 2,522,507 1,667,982 1,324,258 (343,724) 27,026,445 30,129,670 31,011,082 25,641,018 (5,370,064) AGENDA ITEM # 7A SEPTEMBER 24, 2012 Schedule A Originally Proposed Revenues: $27,431,345 Ad Valorem Taxes <72,500> Transfers from Gas Tax Fund to General Fund 72,500 Transfer from Gas Tax to Storm Water Fund <82,000> Transfer from Half Cent Sales Tax Fund to Storm Water Fund <68,000> Grant Proceeds for Wind Retrofit Grant 29,802 Storm Water Utility Fees 150,000 Reduction in CDBG Funds allocated to Atlantic Beach <21,204> Revised Budgeted Revenues $27.439.943 Originally Proposed Expenses: $25,354,986 Code Enforcement Software Upgrade 20,000 Street -end Beautification Program — match 5,000 Rose Park Improvements 225,000 Sidewalk W. 9 Street 35,000 Police Building Options 60,000 Transfer to Storm Water Utility from Half Cent Sales Tax Fund <68,000> Transfer to General Fund Gas Tax Fund 72,500 Transfer to Storm Water Fund from Gas Tax Fund <82,000> FEMA Wind Retrofit Grant 39,736 Reduction in CDBG Funds allocated to Atlantic Beach <21,204> Revised Budgeted Expenses: 25.641.018 AGENDA ITEM # 7B SEPTEMBER 24, 2012 ORDINANCE NO. 80 -12 -82 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY STORM WATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22 -335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has determined that it is necessary increase the storm water fees for the purpose of generating sufficient revenues to fund current operating costs and to lessen the dependence on transfers from other funds, and; WHEREAS, the proposed storm water budget has been amended after workshop discussions to include an additional $1.50 per equivalent residential unit, and WHEREAS, it is the City's long term goal to recover the entire cost of the storm water utility through user fees. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; SECTION I. Intent It is the intent of the City of Atlantic Beach, Florida to raise the monthly fee for storm water utility services from $6.89 to $8.39 per equivalent residential unit (ERU) per month. SECTION 2 . Section 22 -335 Fees; is amended as follows: Sec 22 -335. Fees (a) ERU rate The fee per ERU billing unit shall be six dollars and eighty een4s ($6 . 89) eight dollars and thirty -nine cents ( $8.39) per month. SECTION 3 . Severability If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. AGENDA ITEM # 7B SEPTEMBER 24, 2012 SECTION 4 . Effective Date This Ordinance shall take effect upon its final passage and adoption. Passed by the City Commission on first reading this 10th day of September 2012. Passed by the City Commission on second and final reading this 24th day of September 2012. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire Donna Bartle City Attorney City Clerk AGENDA ITEM # 8A SEPTEMBER 24, 2012 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Donation of Property adjacent to Ri r Branch Preserve SUBMITTED BY: Jim Hanson DATE: September 14, 2012 BACKGROUND: The River Branch Foundation wishes to donate an 11.84 acre tract of property adjacent to the City's River Branch Preserve, to the City of Atlantic Beach. This property will include a conservation easement to the Public Trust Environmental Law Institute which sets out restrictions on the present and future use of the property. The parcel also has a conservation easement over 2.23 acres of the property which was granted to the SJRWMD in 2005 and later amended. The River Branch Foundation wants the property to remain in its present wilderness state, with possible minor improvements for public access. To ensure that the property will remain in its current condition, they plan to grant a conservation easement to the Public Trust Environmental Law Institute after they close on the property in October and prior to the donation to the City. This conservation easement is very similar to the one that exists for the adjacent River Branch Preserve property currently owned by the City of Atlantic Beach. The easement on the current Preserve was granted to the North Florida Land Trust. The River Branch Preserve was acquired in 2009 with a majority of the funding coming from the River Branch Foundation. Atlantic Beach paid $185,000 and the Public Trust Law Environmental Institute put in approximately $30,000. The acquisition of the River Branch property provided a critical link between the Dutton Island and Tideview Preserves and is a central part of the recently approved Marsh Master Plan. The addition of this new property would enhance and expand the River Branch Preserve. Any development on this 11.84 acre tract would have severely detracted from the pristine natural environment that makes the Preserves such a valuable asset to the citizens of Atlantic Beach. BUDGET: There is no development proposed for this 11.84 acre parcel although walking trails or other non - invasive public access aids may be added in future. Because the purpose of this donation is for the property to remain in its wilderness condition, the City anticipates very little cost for maintenance and ownership. Consequently, no budget is needed at this time. RECOMMENDATION: Authorize the Mayor to accept the donation of the 11.84 acre tract from the River Branch Foundation of Jacksonville Beach, Florida on behalf of the City of Atlantic Beach. ATTACHMENTS: 1) Press Announcement from the River Branch Foundation 2) Conservation easement to the Public Trust Environmental Law Institute 3) Conservation easement and amendment to the SJRWMD 4) Drawing of property RIVER BRA C AGENDA ITEM # 8A F SEPTEMBER 24, 2012 Jacksonville Beach, FL, September 22, 2012 The River Branch Foundation of Jacksonville Beach, Florida is pleased to announce its offer to the City of Atlantic Beach of an IL 84-acre tract at the entry of Dutton Island Preserve as a conservation land donation in continuation of its mission of assisting in wilderness preservation in northeast Florida. The Public Trust Environmental Law Institute will assist the purchase by holding the conservation easement on the property, which will be deeded to the City of Atlantic Beach. In 2009, River Branch partnered with Public Trust Environmental Law Institute, the City of Atlantic Beach, and the North Florida Land Trust in the purchase for conservation of the Buckman - Pritchard 350 -acre tract on the Intracoastal Waterway, now known as the River Branc Preserve For more than 40 years, the River Branch Foundation has been actively working to improve the quality of life in the northeast Florida area. "We are very pleased to again be a part of helping to preserve part of our beautiful natural local landscape for future generations," said Jennifer Johnson Duke, River Branch Foundation Director. For information contact: ileroux@riverbranchfoundation.org 177 FOUrth Avenue North, Jacksonville Beach. Flo6d a 32250 AGENDA ITEM # 8A SEPTEMBER 24, 20I2 RECORD AND RETURN TO: The Public Trust Environmental Legal Institute of Florida, Inc. Attn: Andrew Miller 2029 North Third Street Jacksonville Beach, FL 32250 CONSERVATION EASEMENT THIS INDENTURE (this "Conservation Easement ") is made this _ day of , 2012, between CHALLEN CAPITAL, INC., a Florida corporation (the "Grantor "), whose address is 1819 Challen Avenue, Jacksonville, Florida 32205, and The Public Trust Environmental Legal Institute of Florida, Inc., a Florida nonprofit corporation with address 2029 North Third Street, Jacksonville Beach, FL 32250, its successors and assigns (the "Holder "). WHEREAS, the Grantor is the owner in fee simple of certain real property located in Duval County, Florida which provides significant natural habitat for a variety of wildlife, fish, and plants; and has natural, aesthetic, scientific, educational, and ecological value in its present natural state; and which property is described in Exhibit A attached hereto and by this reference incorporated herein (the "Protected Property"); and WHEREAS, the Holder hereby represents that it is a "qualified organization" as defined by Section 170(h)(3) of the Internal Revenue Code of 1986, as amended and the regulations thereunder (the "Code "); and WHEREAS, the Holder hereby represents that it is a charitable corporation whose purposes include protecting natural, scenic or open space values of real property, assuring its availability for open space use, protecting natural resources, maintaining or enhancing water quality and is qualified to acquire conservation easements under Section 704.06, Florida Statutes; and WHEREAS, the Holder is a tax exempt public charity under Section 501(c)(3) of the Code, and the Holder's primary purpose is to preserve natural areas and special places in North Florida; and WHEREAS, the Protected Property qualifies as "a relatively natural habitat of fish, wildlife, or plants, or similar ecosystems," as that phrase is used in Section 170(h)(4)(a)(ii) of the Code, for many of the following attributes: The Protected Property contains ` acres of (e.g. wetlands) which is along the St. Johns River and has ecological importance, provides natural habitat for flora and fauna, and is a portion of a long, relatively undeveloped riparian corridor along the St. Johns River that provides important benefits for wildlife. 1 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 WHEREAS, the Protected Property qualifies as "natural habitat" as that phrase is used in Section 170(h)(4)(a)(ii) of the Code the preservation of which natural habitat is for (i) the scenic enjoyment of the general public, (ii) is pursuant to clearly delineated Federal, state, and local governmental policies and (iii) will yield significant public benefit; and WHEREAS, the Protected Property is located in an area of increasing development and the development of the Protected Property in excess of that allowed in this Conservation Easement would significantly impair the habitat it contains and the ability of such habitat to support the species and ecological communities present there; and WHEREAS, this Conservation Easement would prevent forestry practices harmful to the ecology, habitats, and wildlife of the Protected Property; and WHEREAS, the Protected Property possesses significant wildlife, fish, and plant natural habitat, and significant scenic values, all as described above (collectively, the "Conservation Values "), which Conservation Values are of great importance to the Grantor and Holder; and WHEREAS, the Conservation Values are further documented in the Baseline Documentation Report for the Protected Property, dated 2012, and incorporated herein by this reference (the "Report"), completed by and provided to the Grantor and signed by the Grantor and the Holder, a copy of which Report is on file with both the Grantor and the Holder, and which Report establishes the condition of the Protected Property at the time of the gift as provided in Treasury Regulation Section 1.170A- 14(g)(5); and WHEREAS, the Grantor desires to ensure that the conservation easement granted herein complies with the provisions of Section 2031(c) of the Code, relating to the Federal Estate Tax treatment of lands subject to a qualified conservation easement, and intends that the lands which are the subject of this Conservation Easement will so qualify for such treatment; and WHEREAS, the parties intend hereby to comply with Section 704.06 of the Florida Statutes which permits the creation of conservation easements for the purposes of, inter alia, retaining land or water areas predominantly in their natural, scenic, open or wooded condition or as suitable habitat for fish, plants, or wildlife; and WHEREAS, the Grantor and the Holder have the common purpose of protecting the Conservation Values by placing voluntary restrictions upon the use of the Protected Property and by providing for the transfer from the Grantor to the Holder of affirmative rights for the protection of the Protected Property. NOW, THEREFORE, the Grantor, as an absolute gift, with no monetary consideration, and in consideration, which is hereby acknowledged, of the covenants, mutual agreements, conditions, and promises herein contained, does hereby freely give, grant, bargain, sell, and convey unto the Holder, its successors and assigns, forever, a conservation easement as defined in Section 704.06 of the Florida Statutes (without intending that the existence of this Conservation Easement be dependent on the continuing existence of such laws), in perpetuity, over the Protected Property, of the nature and character and to the extent hereinafter set forth. 2 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 A. PURPOSE The purpose of this Conservation Easement is to forever conserve the Protected Property for the following conservation purposes (collectively, the "Purpose "): To protect in perpetuity the significant natural habitat, the scenic values, and open space of the Protected Property for public benefit by retaining it forever in its predominantly natural and scenic condition; and To protect the native plants, animals, and plant and animal communities on the Protected Property including the rare and uncommon species present and their habitat; and To conserve the water quality, wetlands, and riparian values of the Protected Property; and The Grantor and Holder intend that this Conservation Easement will confine the use of the Protected Property to activities that are consistent with the Purpose of this Conservation Easement, including but not limited to passive public recreation, and will prohibit or prevent any use of the Protected Property in excess of that allowed by this Conservation Easement that would significantly impair or interfere with the Conservation Values. B. AFFIRMATIVE RIGHTS OF THE HOLDER To accomplish the Purpose of this Conservation Easement, this Conservation Easement conveys the following rights to the Holder: 1. Conservation Values The right to preserve and protect the Conservation Values in perpetuity. 2. Right of Entry The right of the Holder's officers, employees, and/or designated agents, including student volunteers, to enter the Protected Property in a reasonable manner and at reasonable times for the following purposes: (a) to inspect the Protected Property to determine whether the Grantor is complying with the covenants and Purpose of this Conservation Easement at discretion of Holder with appropriate written notice to Grantor; provided, however, that except in cases where the Holder reasonably determines that immediate entry is required to prevent, terminate, or mitigate a violation of this Conservation Easement, the Holder shall give written notice to the Grantor no less than seven (7) days before entering the Protected Property, and the Holder shall not in any event unreasonably interfere with the Grantor's use and quiet enjoyment of the Protected Property. (b) to enforce the terms of this Conservation Easement in accordance with the Holder's remedies as set forth in Section E hereof; and (c) with written permission of Grantor, to make scientific and educational observations and studies and research projects and to monitor the condition of the k] 412263413 AGENDA ITEM # SA SEPTEMBER 24, 2012 rare plant and animal populations, plant communities, and natural habitats on the Protected Property; and ith written permission of Grantor, the Holder, may from time to time, not to exceed two (2) times per year, conduct conservation- related events and/or tours for the purpose of education to further the mission of the Holder. For such events the Holder must obtain the same event permit(s) as is (are) required of others when holding events on other City of Atlantic Beach properties. 3. Enforcement The right to prevent any activity on, or use of, the Protected Property that is inconsistent with the Purpose of this Conservation Easement, and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use by the Grantor or by another with or without the authorization of Grantor, pursuant to Section E hereof. The Holder will review the baseline survey, monitoring reports, and other information about the Protected Property and decide whether any landowner actions have violated the terms of this Conservation Easement and, if required, recommend enforcement actions to Holder's full board of directors. The Holder will review and be empowered to approve any ecological restoration plan, forestry management plan, or construction plan submitted by Grantor to Holder for approval. C. RESTRICTIONS AND RESERVED RIGHTS This Conservation Easement prohibits all of the following on the Protected Property: 1. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. 2. Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. 3. Removal or destruction of trees, shrubs, or other vegetation except for invasive vegetation as described in Section 9, below, or except for the removal or destruction of trees or vegetation that pose a threat to life, property, or utility lines, and provided that the primary purpose of this removal is ecological restoration, that is, to foster the return of the Protected Property to a more natural or pristine condition. 4. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. 5. Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. 6. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. 2 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 7. Acts or uses detrimental to such retention of land or water areas. 8. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 9. Planting or introduction of plant species on the Florida Exotic Pest Plant Council's List of Invasive Species or other plant species generally regarded as invasive exotic is prohibited. Grantor will use reasonable efforts to control invasive exotic species on the Protected Property. 10. Commercial activity on the Protected Property is prohibited except for activities having negligible impact on the conservation values of the property such as the use of the property for commercial nature tours. All but de minim commercial recreation activities are prohibited within the meaning of Section 2031(c)(8)(B) of the Code. 11. Any division, subdivision, or partition of the Protected Property is prohibited. 12. Any industrial, ranching, or commercial agricultural use of the Protected Property beyond Section X above, is prohibited. 13. Use of herbicides, pesticides, and other hazardous chemicals on the Protected Property is prohibited except to control invasive exotic species, for road maintenance, for ecological restoration, or other use with written permission of Holder. 14. Any other activity not described in Section B or Section D of this Conservation Easement. D. ADDITIONAL RESERVED RIGHTS OF GRANTOR The Grantor reserves to itself and its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in, and to permit or invite others to engage in, all uses of the Protected Property that are not expressly prohibited herein, provided such uses are not inconsistent with the Purpose of this Conservation Easement. The following additional rights are expressly reserved to the Grantor: 1. Right to Sell The right to sell, give, or otherwise convey or encumber the Protected Property, provided that any such conveyance or encumbrance shall be subject to the terms of this Conservation Easement. 2. Public Access Nothing contained herein should be construed as affording the general public physical access to any portion of the Protected Property; however, Grantor, its successors and assigns, may from time to time permit public access by invitation for passive recreational use that is not inconsistent with the Purpose as expressed in Section A above. 3. Maintenance. The Grantor may perform the following: 5 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 maintain or improve existing roads, but the paving of roads with impervious surfaces or treating roads with substances that may result in pollution of water resources is prohibited; repair, replace, or add structures associated with the construction of unpaved trails such as boardwalks, foot bridges, steps, and observation platforms; improve, repair, or replace stream crossing structures on existing or permitted roads such as bridges, culvert crossings, and hard bottom crossings, with the same type of structure; and construct, repair, or replace erosion control structures, except that any erosion control measure placed on the banks of the St. Johns River must be designed and constructed in a manner that does not detract from the scenic and substantially unbuilt character of the Protected Property. E. THE HOLDER'S REMEDIES 1. Notice of Violation; Corrective Action If the Holder determines that a violation of the terms of this Conservation Easement has occurred or is threatened, the Holder shall give written notice to the Grantor of such violation, and demand corrective action sufficient to cure such violation, and where the violation involves injury to the Protected Property resulting from any use or activity conducted by Grantor or by another with or without the authorization of Grantor, which is inconsistent with the Purpose of this Conservation Easement, to restore the Protected Property so injured to its condition before the violation occurred in accordance with a plan approved by Holder. 2. Remedies If the Grantor fails to cure any violation or threatened violation of this Conservation Easement, or cause such other corrective action to be taken as requested by the Holder within thirty (30) days after receipt of the written notice described in Paragraph 1 of this section (or, under circumstances where the requested corrective action cannot reasonably be completed within the thirty-day period, if the Grantor fails to make good faith efforts to initiate and pursue the requested corrective action within the thirty -day period), the Holder shall be entitled to bring an action or actions at law or equity in a court of competent jurisdiction in the county where the Protected Property is located, to do the following: (a) Enforce the terms of this Conservation Easement; and/or (b) Enjoin the violation by temporary or permanent injunction, as necessary and the Grantor waives any bond requirement otherwise applicable to any petition for such relief; and/or (c) Require the restoration of the Protected Property to its condition before the violation occurred; and/or T 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 (d) Report to any regulatory authorities any environmental conditions, or any potential or actual violations of environmental laws; and /or (e) Recover any damages arising from the violation. If such court determines that the Grantor has failed to comply with this Conservation Easement, the Grantor shall reimburse the Holder for any reasonable costs of enforcement, including Holder's staff time, court costs, and reasonable attorneys' fees, in addition to any other payments ordered by such court. If Holder initiates litigation and the court determines that the Grantor has complied with all the terms of the Conservation Easement and that Holder initiated litigation in bad faith, then the Holder shall reimburse Grantor for any reasonable costs of defending such action, including court costs and reasonable attorneys' fees. 3. Forbearance The Holder does not waive or forfeit the right to take action as may be necessary to insure compliance with this Conservation Easement by any prior failure to act, and the Grantor hereby waives any defense of laches, estoppel or prescription with respect to any delay by the Holder in acting to enforce any restriction or exercise any rights under this Conservation Easement. 4. Acts Beyond the Grantor's Control Nothing herein shall be construed to entitle the Holder to institute any enforcement proceeding against the Grantor for any change to the Protected Property due to causes beyond the Grantor's control, including, without limitation, change caused by fire, flood, storm, or the unauthorized wrongful acts of third persons. 5. Scope of Relief Holder's rights under this Section E apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that Holder's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Holder shall be entitled to the injunctive relief described in Section E, Paragraph 2, both prohibitive and mandatory, in addition to such other relief to which Holder may be entitled, including specific performance of the terms of the Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Holder's remedies described in this Section E shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. F. EXTINGUISHMENT 1. Termination If circumstances arise in the future that render the purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction after notice to the original Grantor. The amount of the proceeds to which Holder shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Protected Property subsequent to such termination or extinguishment, shall be the stipulated fair market value of the Conservation Easement, or proportionate part thereof, as determined in accordance with Section G, Paragraph 2. 7 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 20I2 2. Valuation This Conservation Easement constitutes a real property interest immediately vested in Holder, which for the purposes of Section G, Paragraph 1, the parties stipulate to have a fair market value determined by multiplying (a) the fair market value of the Protected Property unencumbered by the Conservation Easement (minus any increase in value after the date of this grant attributable to improvements not made by Holder) by (b) x/y, which is the ratio of the value of the Conservation Easement at the time of this grant to the value of the Protected Property without deduction for the value of the Conservation Easement at the time of this grant. The values at the time of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of the Code. For the purposes of this paragraph, the ratio of the value of the Conservation Easement to the value of the Protected Property unencumbered by the Conservation Easement shall remain constant. [TO BE REVIEWED BY RIVERBRANCH ACCOUNTANT] G. CONDEMNATION 1. Condemnation If all or any part of the Protected Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Conservation Easement, in whole or in part, Grantor and Holder shall act jointly to recover the full value of the interests in the Protected Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and Holder in connection with the taking or in lieu purchase shall be paid out of the amount recovered. Holder's share of the balance of the amount recovered shall be determined by multiplying that balance by the ratio set forth in Section G, Paragraph 2. 2. Application of Proceeds Holder shall use any proceeds received under the circumstances described in this Section H in a manner consistent with its conservation purposes, which are exemplified by this grant. H. AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Easement would be appropriate, the Grantor and the Holder may by mutual written agreement jointly amend this Conservation Easement, provided that no such amendment shall be made that will adversely affect the qualification of this Conservation Easement for the tax benefits available or the status of Holder under any applicable laws, including Sections 170(h) and 501(c)(3) of the Code. Any such amendment shall be consistent with the Purpose of this Conservation Easement, shall not affect its perpetual duration, and shall not result in any diminution of protection of the Conservation Values. Any such amendment shall be recorded in the official public records of Duval County, Florida. Nothing herein shall require the Holder to agree to any amendment. I. ASSIGNMENT 8 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 1. Assignment Allowed The Grantor and the Holder recognize and agree that the benefits and obligations of this Conservation Easement are in gross and assignable only in accordance with the terms of this section. 2. Qualified Assignee The benefits and obligations of this Conservation Easement shall only be assigned to an organization that is, at the time of the assignment, both (a) a "qualified organization" as that term is defined in Section 170(h) of the code and (b) authorized to acquire and hold conservation easements under Section 704.06 of the Florida Statutes or any successor provision then applicable. 3. Terms of Assignment The Holder shall require, as a condition of any assignment of the benefits and obligations of this Conservation Easement, that the assignee organization shall agree to continue to carry out in perpetuity, under substantially the same terms as contained in this Conservation Easement, the Purpose of this Conservation Easement. 4. Notice to the Grantor The Holder agrees to give written notice to the Grantor of its intention to assign the benefits and obligations of this Conservation Easement at least sixty (60) days prior to the date of such assignment. The failure of the Holder to give such notice shall not affect the validity of such assignment, impair the validity of this Conservation Easement, or limit the enforceability of this Conservation Easement in any way. J. DISCRETIONARY CONSENT 1. Notice and Approval The Grantor shall notify the Holder before undertaking any activity in excess of those allowed by this Conservation Easement that may reasonably be expected to have a material adverse impact on the Conservation Values. Such notice shall be in writing and shall describe the proposed activity in sufficient detail to allow the Holder to judge the consistency of the proposed activity with the Purpose of this Conservation Easement. The Holder may permit such a proposed activity only if the Holder determines that such activity does not violate the Purpose of this Conservation Easement and either enhances or does not impair the Conservation Values. Notwithstanding the foregoing, the Holder and the Grantor have no right or power to agree to any activity on the Protected Property that is inconsistent with the Purpose of this Conservation Easement. 2. Review Period Whenever a consent or approval is required from either the Grantor or the Holder, the party seeking the consent or approval shall send a written request for such consent or approval to the other party as specified in Paragraph 8 of Section M hereof, and such other parry shall respond to the request within thirty (30) business days of its receipt. In the event that the consenting or approving party fails to respond within the thirty (30) business day period, its consent or approval shall be implied, provided, however, that no consent or approval shall be implied for any activity on the Protected Property that is inconsistent with the Purpose of this Conservation Easement. so 412263413 AGENDA ITEM # 8A SEPTEMBER 24, 2012 K. THE GRANTORS' REPRESENTATIONS AND WARRANTIES 1. Title The Grantor covenants, represents, and warrants the following: (a) That the Grantor is the sole owner and is lawfully seized of the Protected Property in fee simple and has good right to grant and convey this Conservation Easement; (b) That the Protected Property is free and clear of any and all encumbrances, including but not limited to a mortgage or mortgages covering all or any part of the Protected Property; (c) That the Holder shall have the use of and enjoy all of the benefits derived from and arising out of this Conservation Easement; and (d) That there is no pending or threatened litigation in any way affecting, involving, or relating to the Protected Property. 2. No Control of Protected Property by Holder Nothing in this Conservation Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability to Holder to exercise physical or managerial control over the day -to -day operations of the Protected Property, or any of Grantor's activities on the Protected Property, or otherwise to become an operator with respect to the Protected Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ( "CERCLA "), and any corresponding state statute. 3. Federal, State and Local Laws Grantor covenants, represents and warrants that the Protected Property shall at all times comply with the requirements of all Federal, State, and local laws, regulations, and requirements applicable to the Protected Property, and all regulations promulgated by any authorized body pursuant thereto. 4. Environmental Representations The Grantor covenants, represents, and warrants that, after investigation and to the best of their knowledge: (a) No substance defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment exists or has been released, generated, treated, stored, used, disposed of, deposited, abandoned, or transported in, on, from, or across the Protected Property; (b) There are not now any underground storage tanks located on the Protected Property, whether presently in service or closed, abandoned, or decommissioned, and no underground storage tanks have been removed from the Protected Property in a manner not in compliance with applicable federal, state, and local laws, regulations, and requirements; and 10 412263413 AGENDA ITEM # 8A SEPTEMBER 24, 2012 (c) If, at any time, there occurs, or has occurred, a release in, on, or about the Protected Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor shall take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by Holder, in which case Holder shall be responsible. L. GENERAL PROVISIONS 1. Costs The Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Protected Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Conservation Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations, and requirements. The Grantor shall keep the Protected Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by the Grantor. 2. No possessory Rights Grantor acknowledges that Holder has neither possessory rights in the Protected Property, nor any responsibility to control, maintain, or keep up the Protected Property. Grantor shall retain all responsibilities and shall bear all costs and liabilities of any nature related to the ownership, operation, upkeep, improvement, and maintenance of the Protected Property. 3. Taxes If Grantor has an obligation to pay taxes, Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Protected Property by competent authority (collectively "taxes "), including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Holder with satisfactory evidence of payment upon request. 4. Subsequent Transfers The Grantor agrees to incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which they divest themselves of either the fee simple title or possessory interest in all or a portion of the Protected Property. The Grantor also agrees to notify the Holder in writing of any such transfer. The failure of the Grantor to perform any act required by this paragraph shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 5. Successors The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Protected Property. The terms "Grantor" and "Holder," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the above -named 11 412263413 AGENDA ITEM # 8A SEPTEMBER 24, 2012 Grantor and her personal representatives, heirs, successors, and assigns, and the above -named Holder and its successors and assigns. 6. Merger The Grantor and the Holder agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in Protected Property. 7. Notices Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other under the terms of this Conservation Easement shall be in writing and either served personally or sent by registered or certified mail, postage prepaid, to the following addresses, or such other address as either party may hereafter specify by written notice to the other: GRANTOR: Challen Capital, Inc. 1819 Challen Avenue Jacksonville, Florida 32205 HOLDER: The Public Trust Environmental Legal Institute of Florida, Inc. 2029 North Third Street Jacksonville Beach, FL 32250 8. Annual Inspections The Holder has the right to schedule annual inspections of the Protected Property to determine compliance with the terms of this Conservation Easement. In doing so, as long as Holder believes that the Grantor has not violated the terms of this Conservation Easement, the Grantor will be provided with no less than seven (7) days' written notice of any such inspection, and the Grantor will have the right to accompany the Holder on such inspection trips. 9. Re- recording The Holder is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Easement in the official public records of Duval County, Florida, and the Grantor agrees to execute, acknowledge, and deliver such further instruments as may be reasonably required to assure the perpetual enforceability of this Conservation Easement. 10. Severability If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 11. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to affect the purpose of this Conservation Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 12 412263413 AGENDA ITEM # 8A SEPTEMBER 24, 2012 12. Captions The captions herein have been inserted solely for convenience of reference, are not a part of this Conservation Easement, and shall have no effect upon its construction or interpretation. 13. Counterparts This agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute a single instrument. 14. Transfer of Grantor's Interest Grantor shall have the right to convey the Protected Property subject to the terms and conditions of this Conservation Easement. Grantor and each successor to Grantor shall be fully released from the performance of Grantor's obligations arising subsequent to such Grantor's conveyance of all its right, title and interest in the Protected Property. Neither the original Grantor nor any successor shall be liable for any obligation hereunder arising after transfer of all its interest in the Protected Property. 15. State Action This Conservation Easement does not obligate the City of Atlantic Beach to defend any action by the State of Florida to ownership of all or a portion of Protected Property. TO HAVE AND TO HOLD this Conservation Easement, together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto, either in law or in equity, either in possession or expectancy, for the proper use and benefit of the Holder forever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed on the day and year aforesaid. Signed, sealed and delivered Challen Capital, Inc. in the presence of: a Florida corporation Print: Print: STATE OF FLORIDA COUNTY OF DUVAL By:_ Print: Its: The foregoing instrument was acknowledged before me this of 20_, by , as of Challen Capital, Inc., a Florida corporation, on behalf of the corporation, who O is personally known to me; 13 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 () has produced a Driver's License as identification; or {) has produced a as identification. Notary Signature Print Name: Notary Public, State and County Aforesaid My commission expires: Commission Number: (Notarial Seal) 14 41226341_3 AGENDA ITEM # 8A SEPTEMBER 24, 2012 EXHIBIT A A -1 Doc # 2005213529, OR BK 12541 Page 500, 1 of 8 Filed & Recorded 06/09/2005 at 03:46 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $69.50 DEED DOC ST $0.70 Prepared by: Return to: Office of General Counsel St. Johns River Water Management District P.O. Box 1429 Palatka, FL 32178 -1429 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this C I T U day of JµA-C , 2005 by BESTCON. Inc. having an address at 4400 Marsh Landing Marsh Landing Blvd,Suite 6. Ponte Vedra Beach. FL6. Ponte Vedra Beach. FL 32082 ("Grantor'), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida 32178 -1429 ( "Grantee "). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property"); WHEREAS, Grantor grants this conservation easement as a condition of permit #4031- 88700 -1 88700 -1 issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity; NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. Form 133 d 00 o N N H W Q W � a Cn OR BK 12541 PAGE 501 AGENDA ITEM # 8A SEPTEMBER 24, 2012 1. Purpose. The purpose of this Conservation Easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. 2. Prohibited Uses Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. (c) Removing or destroying trees, shrubs, or other vegetation. (d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. (e) Surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 3. Reserved, Risahts Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. 4. Rights of Grantee To accomplish the purposes stated herein, Grantor conveys the following rights to Grantee: Form 133 OR BK 12541 PAGE 502 AGENDA ITEM # 8A SEPTEMBER 24, 2012 (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement. (b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Conservation Easement. 5. Grantee's Discretion Grantee may enforce the terms of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 6. Grantee's Liability Grantor will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's ownership of the Property. Neither Grantors, nor any person or entity claiming by or through Grantors, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. Upon conveyance of the Property subject to this conservation easement to an owners association and assumption by the owners association of the Grantor's obligations hereunder, Grantor shall be relieved of all liability hereunder. However, this limitation shall have no effect of bearing on the holder of permit number 40 -031- 88700-1 and the conditions, obligations and liabilities attached thereto unless such permit has been validly transferred pursuant to applicable regulations. 7. Acts Beyond Grantor's Control Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and Form 133 OR BK 12541 PAGE 503 AGENDA ITEM # 8A SEPTEMBER 24, 2012 earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 8. Recordation Grantor shall record this Conservation Easement in timely fashion in the Official Records of Duval County Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. 9. Successors The covenants, terms, conditions and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. Form 133 OR BK 12541 PAGE 504 EXHIBIT A legal description Form 133 AGENDA ITEM # 8A SEPTEMBER 24, 2012 OR BK 12541 PAGE 505 FROM :CLARSON & ASSOCIATES PAX POOH IE 386.2622 FAX NO. :904 396 2633 AGENDA ITEM # 8A SEPTEMBER 24, 2012 Jun. 06 2005 10:04AM P2 CLARSON AND ASSOCIATES INC. PROFESSIONAL SURVEYORS 6 MAPPERS 1 643 NALDO AVENUE JACKSONVILLE, FLORIDA 32207 DECEMBER A 2004 CONSERVATION EASEMENT FOR PARADISE PRESERVE Fwmaiklk • • ; " L_ —foNq A PART OF GOVERNMENT LOT 1, SECTION 18, TOWNSH[p 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE MOST NORTHEASTERLY CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 4648, PAGE 252 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF DUTTON ISLAND DRIVE (FORMERLY CHURCH ROAD AND FORMERLY LEVY ROAD EXTENSION) COUNTY ROAD NO.222 AS NOW ESTABLISHED AS A 66 FOOT RIGHT OF WAY); THENCE NORTH 00 ° 23'10" WEST, A DISTANCE OF 43.00 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH 89 ° 49'10" WEST, ALONG SAID NORTH FILLY LINE OF GOVERNMENT LOT 1, A DISTANCE OF 868.48 FEET; THENCE SOUTH 05" 30'57" EAST, A DISTANCE OF 91.17 FEET TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING THUS DESCRIBED CONTINUE SOUTH 05 30' 57" EAST, A DISTANCE OF 57.27 FEET; THENCE SOUTH 69" 03'00" WEST, A DISTANCE OF 81.81 FEET; THENCE SOUTH 20 57'00" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 69 ° 03'00" EAST, A DISTANCE OF 58.19 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF DUTTON ISLAND DRIVE; THENCE SOUTH 46° 05' 50" WEST, A DISTANCE OF 592.11 FEET; THENCE NORTH 39° 01'07" WEST, A DISTANCE OF 75.27 MET; THENCE NORTH 16° 08' 53" WEST, A DISTANCE OF 185.74 FEET; THENCE NORTH 39 ° 18'02" WEST, A DISTANCE OF 39.46 FEET; THENCE NORTH 24 ° 06'02" WEST, A D ISTANCE OF 124.70 FEET; THENCE SOUTH 66° 15'32" EAST, A DISTANCE OF 126.42 FEET; THENCE SOUTH 75' 44'27" EAST, A DISTANCE OF 56.36 FEET; THENCE SOUTH 84 59'20" EAST, A DISTANCE OF 52.97 FEET; THENCE NORTH 79 30'45" EAST, A DISTANCE OF 50.84 FEET , THENCE NORTH 69 48'33" EAST, A DISTANCE OF 260.59 FEET; THENCE SOUTH 83° 52' 17" EAST, A DISTANCE OF 29.68 FEET; THENCE NORTH 61" 44' 51" EAST, A DISTANCE OF 25.55 FEET; THENCE NORTH 40° 0644" EAST, A DISTANCE OF 47.40 FEET; THENCE NORTH 12 24' 44" EAST, A DISTANCE OF 24.42 FEET; THENCE NORTH 59° 45'37" EAST, A DISTANCE OF 10.51 FEET TO THE POINT OF BEGINNING. CONTAINING 2.23 ACRES, MORE OR LESS. (DRAWING NO. A -3550) Received Time Jun. 6. 10:28AM OR BK 12541 PAGE 506 AGENDA ITEM # 8A SEPTEMBER 24, 2012 CONSENT AND JOINDER OF MORTGAGEE The undersigned c r rLu S f (mortgagee), the mortgagee under that certain (title of m rtgage document) dated recorded at Official Records Book ��,Opage �;w'# u �' County, Florida, (if na assignments, specify) hereby consents and joins in the foregoing Deed of Conservation Easement, and subordinates its mortgage lien encumbering all or any part of the Property (as described in the foregoing Deed of Conservation Easement) to the Deed of Conservation Easement. I ITNESS WHE EOF, this Consent and Joinder is executed by the undersigned this day of _ , 200 STATE OF FLORI A COUNTY OF 0 I The f g ing instrument was acknowledged before me this who did not take an oath. VW'Uey4P -� M ary Public, State of Florida Michelle Diaz at Large. Commiesion#DD333881 My Comm / Ex n D( �. " Expir Ju n 29, 2008 'tj� %` . AtLntio Bonding Co., Mo Serial No. 6 0933 2007, by Personally known OR produced identification . Identification produced Form 133 OR BK 12541 PAGE 507 AGENDA ITEM # 8A SEPTEMBER 24, 2012 IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year first above written. Signed, sealed and deli red in our presence as t s Signature: Printed Name: Jobe Signatur Printed Name: GRANTOR: Signature: Printed Name: Paw, STATE OF FLORIDA COUNTY OF DUVAL The foregoing inst ment was acknowledged before me this day of UV e 200f by ptJ l U-7 . I , = ho did not take an oath. Notary Public, State of Florida at Large. My Commission Expires: ' / Serial No. Y Personal) known `Z OR produced identification . Identification produced 0 JXH `V h ��• • O = June 191 2008 .g # D 13 314663 o " • y • a �9 • •' negoo b OQ O • tt Form 133 Doc # 2005343605, OR BK 12759 Page 1266, Number Pages: 9, Filed & Recorded 09/19/2005 at 09 :54 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $78.00 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this 6 �� day of 2005 by BESTCON. Inc. having an address at 4400 Marsh Landing Blvd Suite 6 Po a Vedra Beach, FL 32082 ( "Grantor"), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida 32178 -1429 ( "Grantee "). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property"); WHEREAS, Grantor grants this conservation easement as a condition of permit #40- 031 - 88700 -1 issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity; NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. 0 Form 133 dN 000 � N W N H W d zW wH c� w d Prepared by: Return to: Office of General Counsel St. Johns River Water Management District P.O. Box 1429 Palatka, FL 32178 -1429 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is made this 6 �� day of 2005 by BESTCON. Inc. having an address at 4400 Marsh Landing Blvd Suite 6 Po a Vedra Beach, FL 32082 ( "Grantor"), in favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box 1429, Palatka, Florida 32178 -1429 ( "Grantee "). WITNESSETH: WHEREAS, Grantor solely owns in fee simple certain real property in Duval County Florida, more particularly described in Exhibit "A" attached hereto and incorporated by this reference as (the "Property"); WHEREAS, Grantor grants this conservation easement as a condition of permit #40- 031 - 88700 -1 issued by Grantee, solely to off -set adverse impacts to natural resources, fish and wildlife, and wetland functions; and WHEREAS, Grantor desires to preserve the Property in its natural condition in perpetuity; NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the provisions of section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). Grantor fully warrants title to said Property, and will warrant and defend the same against the lawful claims of all persons whomsoever. 0 Form 133 OR BK 12759 PAGE 1267 AGENDA ITEM # 8A SEPTEMBER 24, 2012 1. Purpose The purpose of this Conservation Easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. 2. Prohibited Uses Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. (c) Removing or destroying trees, shrubs, or other vegetation. (d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. (e) Surface use, except for purposes that permit the land or water area to remain predominantly in Its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 3. Reserved Rights Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. 4. Rights of Grantee To accomplish the purposes stated herein, Grantor conveys the following rights to Grantee: Form 133 OR BK 12759 PAGE 1268 AGENDA ITEM # 8A SEPTEMBER 24, 2012 (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement. (b) To proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein, and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this Conservation Easement. 5. Grantee's Discretion Grantee may enforce the terms of this Conservation Easement at its discretion, but if Grantor breaches any term of this Conservation Easement and Grantee does not exercise its rights under this Conservation Easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this Conservation Easement, or of any of the Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this Conservation Easement. 6. Grantee's Liability Grantor will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's ownership of the Property. Neither Grantors, nor any person or entity claiming by or through Grantors, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. Upon conveyance of the Property subject to this conservation easement to an owners association and assumption by the owners association of the Grantor's obligations hereunder, Grantor shall be relieved of all liability hereunder. However, this limitation shall have no effect of bearing on the holder of permit number 40 -031- 88700-1 and the conditions, obligations and liabilities attached thereto unless such permit has been validly transferred pursuant to applicable regulations. 7. Acts Beyond Grantor's Control Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and Form 133 OR BK 12759 PAGE 1269 AGENDA ITEM # SA SEPTEMBER 24, 2012 earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 8. Recordation Grantor shall record this Conservation Easement in timely fashion in the Official Records of Duval Countv Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Conservation Easement in the public records. 9. Successors The covenants, terms, conditions and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. Form 133 OR BK 12759 PAGE 1270 AGENDA ITEM # 8A SEPTEMBER 24, 20]2 IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on the day and year first above written. GRANTOR: Signatur Z L'- Printed Name: ?A' � ''J._ d t t l+y l — s Printed Name: RENEE GAIL RUSS MY COMMISSION#DD44M STATE OF FLORIDA exr INBS. July 70 200V COUNTY OF DUVAL oom The foregoing instrument was acknowledged before me this, day of 20QS by who did not take an oath l� Notary Public, Sta a of Florida at Large. ` My Commissp� Expit. - Coq II VV _ 1 or�� Serial No. - 8 D 0 PEr�orially known _�OR produced identification . Identification produced Form 133 Signed, sealed and delivered in our presence as witnesses: OR BK 12759 PAGE 1271 AGENDA ITEM # 8A SEPTEMBER 24, 2012 CONSENT AND JOINDER OF MORTGAGEE The undersigned, 041 A D1� UY. (m rt a ee) the mortgagee under that certain (title of mortgage document) dated I N 11 and recorded at Official Records Book_, page _, of County, Florid d, (if bny assignments, specify) hereby consents and joins in the foregoing Deed of Conservation Easement, and subordinates its mortgage lien encumbering all or any part of the Property (as described in the foregoing Deed of Conservation Easement) to the Deed of Conservation Easement. tN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this ?/ day of 6#- 1�� + ^esses' I�h �xwd Name: STATE OF FLORA r � L COUNTY OF _ I gagee BY: Name: Title: VICc - fe'ri.A T g f regoingnstrument was acknowledged before me this y day of J , 200 by WlUI A _ Uf , who did not take an oath. r Jocelyn Gabriel at %ry e ublic, tate o Florid :Commission #DD192038 '•';'� Expires: Mar 10, 2007 My com w�l E , x � pires: % ? Bonded Rini IMp YV�/1 1 U N/ U Z -veantic Bonding Co.. Inc Serial No. Personally known Y OR produced identification Identification produced Form 133 OR BK 12759 PAGE 1272 EXHIBIT A legal description AGENDA ITEM # 8A SEPTEMBER 24, 2012 Form 133 OR BK 12759 PAGE 1273 AGENDA ITEM # 8A SEPTEMBER 24, 2012 �x3 roscas Am lip FAX NO. :904 396 2GNy0Z:0l 'yZ- 2ny,emil panieaed;" P2 CLA RSON AND ASSOCIATES INC. pROFMO10WA GURVIKYoRS & MAPPERS 1643 NALAO AVENUE ,LACK643lM LE , ]FLORIDA 32207 RKVISED APRIL 25, 2005 DECEMBER A 2004 CONSERVATION EASEMENT FOR PARADISE PRESERVE A PART OF GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE MOST NORTHEASTERLY CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 4648, PAGE 252 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF DUTTON ISLAM? DRIVE (FORMERLY CHURCH ROAD AND FOGY LEVY ROAD EXTENSION) COUNTY ROAD NO. 222 AS NOW ESTABLISHED AS A 66 FOOT RIGHT OF WAY); THENCE NORTH 00 23' 10' WEST, A DISTANCE OF 43.00 FES'T TO AN INTERSECTION WrM THE NORTHERLY LINE OF SAM QOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOLMI, RANGE 29 EAST; THENCE NORT14 89* 49' 10" WEST, ALONG SAID NORTHERLY LINEOFGOVERNMENTLOT 1, A DISTANCE OF868.48 FEET; Tff..ENCE SOUTH 05 ° 30'57" EAST, A DISTANCE OF 91.17 FEET TO THE POINT OF BEGINNING. FROM THE PO1Nl OP BEOMMING THUS DESCRIBED CONTINUE SOUTH 05 30' 57" EAST, A DISTANCE OF 57.27 FEET; THENCE SOUTH 69" 03' 00" WEST, A DISTANCE OF 8 1 .81 FEET; THENCE SOUTH 20 ° 57'00" EAST, A DISTANCE OF 10.00 FEET, THENCE NORTH 69-03 00" EAST, A DISTANCE OF 58.19 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF DUTTON ISLAND DRIVE. TIIENCE SOUTH 46 05'50" WEST. A DISTANCE OF 592.11 FEET; THENCE-NORTH 39° 01'07" WEST, A, DISTANCE OF 75.27 FEET; THENCE NORTH 16* 08' 53" WFST, A DISTANCE OF 185.74 FEET; THENCE NORTH 39 WEST, A DISTANCE OF 39.46 FEET ;THENCE NORTH 24'06'02" WEST. A DISTANCE OP 124.70 FEET; THENCE SOUTH 66° 15'32" EAST, A DISTANCE OF 126.42 FEAT; THENCE SOUTH 75° 44' 27" EAST, A DISTANCE OF 56.36 FEET; THENCE SOUTH 84' 59' 20" EAST, A DISTANCE OF 52.97 PPET; THENCE NORTH 79 45" EAST. A DISTANCE OF 50.84 FEET; THENCE NORTH 69° 48'33" EAST, A DISTANCE OF 260 "59 FEET; TIMNCE SOUTH 83 52'17" BAST, A DISTANCE OF 29.68 FWr; THENCE NORTH 61 44'5 1 "" EAST, A DISTANCE OF 25.55 FEET; THENCE NORTH 40' 06'44" EAST, A DISTANCE OP 47.40 FEET; TIIENCE NORTH 12`24' 44" EAST, A DISTANCE OF 24.42 FEET; THENCE NORTH 59° 45'37" FAST, A DISTANCE OF 10.51 FEET TO THE POINT OF BEGINNING. CONTAINING 2.23 ACRES, MORE OR LESS. (DRAWING NO. A -3550) Ed WdLZ:60 S00z VZ ' 6Z6tiS8Z1706: 'ON Xdd �uI `548: WONJ OR SK 12759 PAGE 1274 AGENDA ITEM # 8A SEPTEMBER 24, 2012 os N �y0 a �oz A� z om to z N rn ~O d 4 \ s. S 40 c xo gg 4 �mz � 0 r y �\ o� C IV rm�T � p - T9j q, z p q A p g a tl i9 $ °• ^ ° jy a y A . K la a . PVC ! n kgq ' g � _ yy li c 6 P: •Q.. I log i Fa (: t A I w+s ti� <<� "m> MR } €�F i 4 La IL ° °- i <- pow.. ��€ € &g°_a.<�m< °� °oo<s.o��a��5 °�Ha 5, 00 erg e 1H LL < g S a�o'o o l 0 . Y3(1'S7'W O E O X UW3 80 Vi 78 �T 1 \aa°ap E 8 2a .5i i s \ p \ Kw - 1 n m \ \ F (O 1 ioY •('\ 1 0 UU I i�\ s9r w- U Q lit m 6. w W' 1 U O d i a . I m I i Z 1 < 98E 3�bd 85 � .04 /H �� I OBP byd N 6��9 sp n6 i B( /.y/u X b� E1 /yb! 3 3 � 1 2lby� rin'n I �� mid �•. iti e � 4 Q-! 00 0 � N N W W � W I "i�- T . AGENDA ITEM # 813 SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM: Renewal of City Non - Benefit Insurance SUBMITTED BY: Susan Danhauser, Human Resources Director DATE: September 12, 2012 BACKGROUND: For the FY 2012 renewal, our recently appointed insurance broker Harden and Associates contacted the three major providers of insurance to FL governments: Florida League of Cities (FLC), Public Risk Management of Florida (PRM) and Preferred Governmental Insurance Trust (PGIT). Due to time constraints, only PGIT was able to submit a proposal within the timeline needed for review and approval for an October 1 effective date. Both FLC and PRM expressed interest in quoting for the 2013/2014 renewal when they would be able to devote adequate time to the proposal. All municipalities renew on 10 /01; therefore the 3 carriers are extremely busy with the renewals for their current members. Typically the RFP process would start 90 -120 days prior to Oct. 1't. Since PGIT is the current carrier, they were able to give the City a renewal quote in 30 days. BUDGET: Based upon a renewal estimate provided by our previous agent in April, 2012, the proposed budget for 2012/2013 fiscal year was increased to $464,000 (includes brokerage commission). The actual renewal premium is $407,588 plus broker fee $45,000 for a total of $452,588 for a net budget reduction of $11,412. The reduced premium was due to an amended Mod Factor in Workers Comp coverage, updating the property schedules and through broker negotiation. In addition, there were some enhancements in coverage terms from the expiring policies. This renewal did not contain a premium for Pollution Liability insurance which was paid in FY 2011 as a three year premium saving $41,242 over annual premiums. Please note that additional funds may be required during the year for claim deductibles. RECOMMENDATIONS: 1. Approve renewal of insurance, effective October 1, 2012 through September 30, 2013 as indicated above and within Attachment 1. 2. Authorize City Manager to sign related insurance renewal documents. ATTACHMENTS: Summary Insurance Premiums Harden & Associates Comparative Analysis REVIEWED BY CITY MANAGER: AGENDA ITEM # 8B SEPTEMBER 24, 2012 INSURANCE RENEWAL 'R (2012/2013 Renewal TYPE 2012 ACTUAL APRIL EST. BUDGETED RENEWAL FINAL REVISED RENEWAL 09 -12 -2012 Automobile 37,258 39,000 35,341 Property 140,508 155,000 132,991 Liability - General 38,619 40,080 32,143 Liability - Police 25,000 26,720 21,724 Liability - PO & Emp Prac 22,500 24,750 32,168 Liability - Crime 1,375 1,450 1,237 Police StatutoryAD &D Note 1 1,196 1,196 1,196 Workers' Compensation 139,737 170,000 145,174 Totals 406,193 457,000 401,974 Commission Fees (included) (included) 45,000 406,193 457,000 446,974 12.5% Inc 10.0% Inc. Prior Yr. Environmental Note 2 n/a n/a n/a Fiduciary Insurance Note 3 6,508 7,000 5,614 Total Property & Casualty Premiums $412,701 $464,000 12.4% Inc. $452,588 9.7% L :e. Prior Yr. Notes: 1. Coverage through Hartford Life. 2. Three year premium paid in FY 2011 for FY 2011, FY 2012 and FY 2013. Three year policy premium was $62,033 per versus a per year premium of $34,425. 3. To be paid by Pension Board. AGENDA ITEM # 8B SEPTEMBER 24, 2012 r' a n , s Comparative Analysis for: City of Atlantic Beach Brokerage /Consulting Services for Risk Management, Commercial Insurance, Employee Welfare, and Benefit Programs Comparative Analysis for: City of Atlantic Beach Premium n s ere Summary A.M. Best Rating Admitted or Non Admitted Buildings & Contents Insured Value Inland Marine Total Insured Value Named Windstorm Per Occurrence N/A N/A 31,939,561 1,236,890 5% TIV Per Occurrence /Per Location for Named Storm subject to 20,000 minimum Page 2 AGENDA ITEM # 813 SEPTEMBER 24, 2012 N/A N/A 31,085,113 -3% 1,360,296 10% 5% TIV Per Occurrence /Per Location for Named Storm subject to 20,000 minimum All Other Perils Deductible: -6 %° Per Occurrence Buildings & Contents and Extensions 5,000 of Coverage - ��lal' Inland Marine Deductible - per occurrence 5,000 Property Premium $136,265.00 Inland Marine Premium $4,243A0 Employee Dishonesty, including Faithful Performance, Per Loss Deductible - any one occurrence Forgery or Alteration Deductible - anv one occurrence 250,000 5,000 100,000 1,000 5,000 5,000 28,162.00 -6 %° 4,829,00 Combined Single Limit 32,991,00 - ��lal' i fl'.. I�n„ 250,000 Deductible - Per Occurrence 5,000 0 100,000 1,000 Per Occurrence 1,237.00 -10% Bodily Injury & Property Damage Limit 1,000,000 1,000,000 Combined Single Limit General Aggregate Limit 2,000,000 N/A Deductible - Per Occurrence 0 0 Bodily Injury & Property Damage Combined Per Occurrence 1,000,000 1,000,000 Aggregate Limit 2,000,000 N/A I etat en ral tll. L II o MIA). 11,1 I'rer�liltJrrl . .1-11 1 .:. d I i i .i :.:.:'::,:,;.;..:!::! :::.....:..:... „..:...: .,;..!.:_. .. . ....:...i:.,...! .. I'l I .. i I I .. h : I II . :::.: n , i it ii 'i II. it l i : i I MIN . a: ... .. a.. .. I:.. :.a.:.a.. h III. Il .I l.. .:..:..: :...L: , , l , .�.. �. �. .... .... . .. .. I I. I I. :�� ':. :.: i..a ....N. I i x �:a li:: it :....j ::.:.,.:::.: I I III . I d l. ..�.:..,�:.::: l � .6 :.III. iil a. a II lil Ili :ll ::.am,l.ilis i I I I il: I I i it i I: I I i i II I I I I I � I � �� A LL:i:::nd.lh:ln::x:.li.:.a :..::..:1::..:.. . . . . . . .�: i.i. g1111 I::c:. ii i.. . .i. ...n:.t.::. a. :1. i.. I I I Iii I II.I il.:::. !:. 1. a.: ..i � p �i i':.. yT i ;.... . . ......x: I ,... , , ..:.. :. Ih. I Il n I :� .I I. .i f : I . III I�h9i 91 I I I I , I I i.. II, ��I� illi' �II� ;;; II!Ii ; ��,l:�tl�.hl:.11�).LIII : il .: . I I H�.AiAila .' Illlll:lil i i . . IIIIILII .I I dili I : i .i 1. :I..I I i .: .a ..L.I . ..::...i .... :.::.. .'.::.... :::I: .�.: l a.:.: I .. it .. .. I. �.:: i. . II .I YL ::: .. N....: I��.. �.:. �....:.. I.. . ...,..... ..I : .'I! : �:.. ..i L.L.:...L.... i l I. ....... I. li.:. la. I!..i...II.:� ; :.I : 1 I:I . II ... . :I: ..I ......:i . i..l .II...I.II.I.Iki.il.�.l.� I x . i � : 1..It .::a:I.:nll:' . _ ��j� :...:: I ..... :A i Per Person 1,000,000 1,000,000 Per Occurrence 1,000,000 1,000,000 Deductible - Per Occurrence 0 0 Total Law Enforcement Liability Premium $25,000.00 $21,724.00 -y3% Comparative Analysis for: City of Atlantic Beach Premium x spa Summary Page 3 AGENDA ITEM # 8B SEPTEMBER 24, 2012 Limit of Liability - Per Claim 1,000,000 1,000,000 Limit of Liability - Aggregate 1,000,000 1,000,000 Deductible - Each Claim 2,500 2,500 Limit of Liability - Per Claim 1,000,000 1,000,000 Limit of Liability - Aggregate 1,000,000 1,000,000 r11li iIi d4 iliul� 4Ig� d:h::x:a:la:!:ni�a:i�a!� ................ ..........:.................... ................ ............................... ................ ............................... Bodily Injury & Property Damage Combined Single Limit - Total Any One Accident Personal Injury Protection Comprehensive /Collision Deductibles Hired /Borrowed Auto Liability Non -Owned Auto Liability (Excess Only) Hired Physical Damage 1,000,000 Statutory 1,000 / 1,000 Included Included 35,000 Limit 1,000 Deductible 1,000,000 Statutory 1,000 / 1,000 Included Included 35,000 Limit 1,000 Deductible Deductible - Each Claim 25,000 0 Accident Total Disability Benefit 100 100 subject to 80% of salary subject to 80% of salary Annual Premium $1,196.00 $1096.00 0 % HARDEN Gross Payroll 6,980,230 6,279,460 -10% Pending or Prior Proceeding Date 10/01/2011 1010/11 Continuity Date None None Full Prior Acts Coverage Full Prior Acts Coverage Aggregate Limit for all losses 2,000,000 2,000,000 Accidental Death Benefit - 187,396 187,396 unlawful & intentional death Accidental Death Benefit - 62,910 62,910 in fresh pursuit Accidental Death & Dismemberment Benefit - 62,910 62,910 In the line of duty Comparative Analysis for: City of Atlantic Beach Premium Exposure Summary Each Pollution Condition (exclusive of Legal 1,000,000 Expense) All Pollution Condition(s) (exclusive of Legal 1,000,000 Expense) Self- Insured Retention - each Pollution Condition $25,000 NOTE: P.G.I.T. will be appraising all property currently valued at 100,000 and higher. At time of finalization of appraisal, values will be adjusted accordingly or a Stated Value Endorsement (Applying an 80% Coinsurance Clause) will be applied with immediate effect. Conditions to Bind: (1) Completed and signed applications - PGIT Application - Initialed & Signed PGIT POUEPLI Application - Signed Uninsured /Underinsured Motorist Form - Signed Public Entity Signature Page (2) Written direction to bind (3) Payment in full or finance contract (4) Review and sign all schedules (5) Completed and signed PGIT, Drug Free and Safety Program applications (6) Payment in full or Signed Premium Finance Agreemant and downpayment by Page 4 AGENDA ITEM # 813 SEPTEMBER 24, 2012 Approval of premium, coverage, terms and conditions as contained herein: Signature Date PGIT Property program is a shared limit. The limits purchased are a per occurrence limit and in the event an occurrence exhausts the limit purchased by PGIT on behalf of the members, payment to you for a covered loss will be reduced pro -rata based on the amounts of covered loss by all members affected by the occurrence. AGENDA ITEM # 8C SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Beach Cleaning Contract Renewal vs. Performing Services In -House SUBMITTED BY: Rick Carper, P.E. Public Works Director DATE: September 17, 2012 BACKGROUND: At the last Commission meeting, a request was made for a comparison between contract costs and performing beach cleaning using City forces. In attachment 1, Staff provides the scope of work currently executed by Beachcombers, as well as an estimate of costs for in -house operations. Including both operating (manpower and supplies) and equipment (truck, tractor, rake and trailer) costs, it would cost the City approximately $51,000 per year to do the tasks currently being done by Beachcombers for approximately $33,000. As shown in Staff's cost estimate, in order to maintain the current level of service for cleanliness of the beach, contracting is the most cost effective method. To perform at this level and not impact maintenance in other City Parks would require additional manpower. RECOMMENDATION: Extend the contract for one year at the current prices. ATTACHMENTS: 1) Staff cost estimate for Beach Cleaning using City Forces 2) Staff report from 9/10 Commission meeting 3) Letter signed by Arturo Cordova, President of Beachcombers North, Inc. agreeing to the extension at the current prices, and 4) Bid 0910 -17 Tab BUDGET: Budgeted in Parks Maintenance Account 001 - 6020 - 572 -34.00 for FY 13. REVIEWED BY CITY MANAGER: AGENDA ITEM # 8C SEPTEMBER 24, 2012 Attachment 1 Scope of Work for Contract Beach Cleaning Beach cleaning will consist of once per week mechanical cleaning, four (4) days per week garbage and litter pickup, and refuse container emptying as follows: Mechanical Cleaning Filtering or turning soft sand from the high tide line to the frontal dune. The cleaning shall extend to a minimum depth of six (6) inches and be capable of picking up glass, can tops, crushed aluminum cans, buried litter, etc. This cleaning shall be performed once per week from the Neptune Beach City Limit north to Hanna Park. Manual Cleaning of Litter This work shall include the emptying of all trash containers along the oceanfront and picking up all visible litter and garbage from the water's edge to the frontal dune, and all "street ends" open for public use. This cleaning shall be performed four (4) days per week, October through September, and will be a "once through" cleaning from Neptune Beach City Limit north to Hanna Park. There is no requirement for cleaning during the day after the "once through" cleaning has been made. From April through November, the four (4) days of pickup will usually occur on Friday, Saturday, Sunday and Monday. From December through March the four (4) days of pickup will usually occur on Monday, Wednesday, Friday and Sunday. The selected bidder will be responsible for the disposing of all collected debris at an authorized landfill. Estimated Beach Cleaning Costs if City Forces were to assume all duties. Operating Costs: 1) Manpower: A. Trash Collection: 3 workers x 2.5 hrs (non Holiday and non - slammed weekend) = 7.5 worker hrs /day 7.5 worker hrs /day x $18 /worker hrs (average loaded hourly rate) = $135 /day $135 /day x 4 days /week = $540 /week $540/ week x 52 weeks/ year = $28,080 /year Manpower cost would be for 4 days a week (Thursday, Friday, Saturday, and Sunday April through November; Monday, Wednesday, Friday and Sunday December through March). B. Mechanical Beach Cleaning (Dragging the Beach): 3 work hrs/ week x 52 weeks/ year = 156 work hrs/ year 156 work hrs/ year X $18/ work hr = $2808 /year 2) Supplies: There will be other added costs like bags for trash, fuel for vehicles, etc. Other supplies that would come up once we get back in the trash collecting business and determine what they are. Conservative estimate - $4000.00 /yr. 3) Trash Disposal Fees: The extra waste brought off the beach would have to be handled by PW. This would require at least one more 8 CY dumpster to be hauled three times per week by Advanced Disposal - -$134 /week x 52 weeks = $6968 /year. Note: This does not include cost for Tipping Fees if / when imposed by COJ. Total Operating Cost (excluding equipment purchases and replacements) - $41,856 /year vs. $32,916/year for Beachcombers Contract. Capital Costs: 1) Vehicle and Equipment Costs: AGENDA ITEM # 8C SEPTEMBER 24, 2012 Assume initial use will be existing City 4x4 vehicle and trailer. The vehicle being used on the beach to get trash will have a much shorter life due to working on the beach. Expect to replace the beach vehicle 2 to 3 times faster. Anticipate $20,000 every 4 -5 years for vehicle and trailer instead of normal 10 -12 year service life. Would want to purchase a dedicated, designed to purpose trash trailer in the future — estimated cost - $10,000. (Service cost for the beach vehicle will also increase. Animal Control vehicle wear and tear is significantly higher than similar City vehicles and their time on the beach will be a fraction of the time the beach trash vehicle will be on the beach). 2) Tractor and rake for dragging the beach: There may be a tractor already available for raking if the tractor currently used by Public Utilities for sludge loading functions. If not, PW would have to purchase a four wheel drive tractor that can get on the beach to drag. Estimated cost - $20,000.00. In any event the City must purchase a rake, estimated cost - $4000). Because of weekly beach use, life will be shorter than most PW heavy equipment. Assuming 5 year life for equipment above, average annual cost: $10,8001 year. Total estimated cost to conduct beach cleaning at current contracted levels: $52,656 /year. Staffing Issue: 3 men out of current positions at the time they are now picking up trash. Normal duties ignored. The scheduling will become a nightmare since the contractor does the work on the weekend. This will require extra bodies to come in on the weekend or overtime. Less man power for the week and we are already getting loaded with extra parks and work with no new bodies. Would require at least one extra (new) Ranger, to avoid impact on existing park maintenance. AGENDA ITEM # 8C SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Beach Cleaning Annual Contract Renewal SUBMITTED BY: Rick Carper, P.E. Public Works Director DATE: August 31, 2012 BACKGROUND: The City's annual contract for beach cleaning with Beachcombers North, Inc. expires on September 30, 2012. Beachcombers has worked for the city for numerous years and annually prove they are a quality contractor and a good partner. We have contacted Mr. Arturo Cordova, President of Beachcombers North, Inc., who has agreed to extend the contract for another year at the current price of $32,916.00 annually. The total monthly cost for 4 days per week cleaning will be $2743.00 per month. The City has the option of extending the current contract for two (2) one (1) year periods. This is the second of two possible renewals of this annual contract. Beachcombers was the only contractor to submit a response to Bid 0910 -17 since this is a specialty service. RECOMMENDATION: Extend the contract for one year at the current prices. ATTACHMENTS: 1) Letter signed by Arturo Cordova, President of Beachcombers North, Inc. agreeing to the extension at the current prices and 2) Bid 0910 -17 Tab BUDGET: Budgeted in Parks Maintenance Account 001 -6020- 572 -34.00 for FY13. REVIEWED BY CITY MANAGER: AGENDA ITEM # 8C SEPTEMBER 24, 2012 August 30, 2012 Beachcombers North Inc. Attn: Arturo Cordova, President 1810 Rambling Ridge Lane Jacksonville, FL 32225 RE: Bid No. 0910 -17: Annual Contract for Beach Cleaning Dear Mr. Cordova: As you are aware, the annual contract with the City of Atlantic Beach for Beach Cleaning expires September 30, 2012. We would like to extend the contract for another year at the current price of $32,916.00 annually for 4 day per week cleaning from October 1, 2012 thru September 30, 2013. This is the second of two possible renewals of the original contract. If acceptable, please sign below and return to me within one week, so I can prepare a staff report to present to the City Commission. We look forward to recommending that we continue our contract with your company. Sincerely, t Tim Gilboy Deputy Public Works D BEACHCOMBERS NORTH, INC, FOR ONE YEAR AT THE -GURRE Arturo THE CONTRACT WITH THE CITY OF ATLANTIC BEACH \BOVE, EFFECTIVE OCTOBER 1, 2012. Date c �o m V t 10 d m L C V 10 c c a t m m V w � C a Q V 0 0 N Y9 r L I e z� VJ AGENDA ITEM # 8C SEPTEMBER 24, 2012 [+i; �o m 0 m Q ti 0 r 0 0 rl AGENDA ITEM # 8D SEPTEMBER 24, 2012 AGENDA ITEM: Contracts with Organizations Providing Recreation Programs at City Facilities DATE: September 11, 2012 SUBMITTED BY: Timmy Johnson, Recreation Director BACKGROUND: Several organizations have been offering recreational programs at City facilities for many years. The Atlantic Beach Athletic Association (ABAA) provides two seasons of T -ball, softball, and baseball each year. The Atlantic Beach Experimental Theater (ABET) provides plays and theatrical events for public participation and entertainment. Tennis professional Brecht Catalan provides tennis lessons on Atlantic Beach courts. Yoga instructor Linda provides yoga classes at Adele Grage Cultural Center. In the past, each of these organizations entered into a contract with the City of Atlantic Beach which included the payment of a fee for the use of the facilities. These contracts have been updated for City Commission approval. The organization /person under contract provides opportunities for inclusion and participation for low income residents who may not otherwise be able to afford to participate. BUDGET: The fee in the contracts is $200 for the year, which is consistent with similar contracts in previous years. RECOMMENDATIONS: Authorize the City Manager to sign the attached contracts with ABAA, ABET, yoga instructor Linda White and tennis professional Brecht Catalan ATTACHMENTS: ABAA Proposed Contract ABET Proposed Contract AGENDA ITEM # 8D SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONGTERM AGREEMENT made and entered into this day of , at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City "), and Atlantic Beach Athletic Association of Atlantic Beach, Florida (904) 249 -2985 (hereinafter "Renter "). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Baseball Facilities and Concession Building and Donner Park Baseball Facility on Monday, Friday and Sunday and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one -time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October 1, 2012 through September 30, 2013 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non - profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax - exempt form or other proof or evidence satisfactory to the City Manager of Renter's non -profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. AGENDA ITEM # 81) SEPTEMBER 24, 2012 b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re- keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a $10 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15 day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15 day of January. 2 AGENDA ITEM # 8D SEPTEMBER 24, 2012 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Jack Russell Baseball Facilities and Concession Building o. Additional provisions agreed upon by the City and Renter: Renter will actively recruit in low income areas and provide scholarships, "work for play" or other mechanisms to assure that children are not denied the opportunity to participate due to their inability to pay the registration or other related fees. Number of scholarships will not exceed 7.5% of total registered players for that season. 4. Exclusive Use Dates and Times August 1 St through December 15 and January 1 st through July 31. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Facility: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 3 AGENDA ITEM # 8D SEPTEMBER 24, 2012 7. Assignment Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By: Its: R' "CITY" 2 AGENDA ITEM # 8D SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of , at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City "), and Atlantic Beach Experimental Theatre of Atlantic Beach, Florida (904) 249 -7177 (hereinafter "Renter "). WHEREAS, Renter desires to use the following public facility: The Adele Grage Cultural Center Theater, and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one -time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October 1, 2012 through September 30, 2013 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non - profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax - exempt form or other proof or evidence satisfactory to the City Manager of Renter's non - profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager AGENDA ITEM # 8D SEPTEMBER 24, 20I2 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all security key cards to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of canceling the lost card and issuing a new one. One key will be provided at no cost to Renter and any additional keys will require a $20 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15 day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15 day of January. 2 AGENDA ITEM # 8D SEPTEMBER 24, 2012 Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City Inay suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Adele Grage Theater o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times The Renter will be given priority for reserving the Theater for auditions, performances, rehearsals, summer camp and drama classes. The Renter's Manager will provide a schedule of plays to the Recreation Department on a yearly basis. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facilit. The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM # 8D SEPTEMBER 24, 2012 8. DEFAULT: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS WHEREOF, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH "RENTER" Its: _ "CITY" 11 AGENDA ITEM # 8D SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONG TERM AGREEMENT made and entered into this day of at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City "), and Linda White of 422 if Avenue North Jacksonville Beach, Florida 32250 (hereinafter "Renter "). WHEREAS, Renter desires to use the following public facility: The Adele Grage Cultural Center Communi Room and, WHEREAS, Renter. desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one -time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is AGREED AS FOLLOWS: 1. Length of Rental Term: This agreement shall run from October L2012 through September 30, 2013 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non - profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax- exempt form or other proof or evidence satisfactory to the City Manager of Renter's non -profit status. 1 Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager AGENDA ITEM # 8D SEPTEMBER 24, 2012 c. Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents and financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the government and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. L Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all security key cards to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of canceling the lost card and issuing a new one. One key will be provided at no cost to Renter and any additional keys will require a 20 per key fee at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Recreation Director under the general rules, i.e., a facility may be requested for short term use by applying for such use after the 15 day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15 day of January. 2 AGENDA ITEM # 8D SEPTEMBER 24, 2012 1. Renter shall maintain at all times during the lease term at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $ 1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City from any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: Adele Grage Cultural Center Community Room o. Additional provisions agreed upon by the City and Renter: 4. Exclusive Use Dates and Times Yoga classes will take place on Sundays from 4 to 5 pm. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. W AGENDA ITEM # 8D SEPTEMBER 24, 2012 8. DEF'AUL'T: In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITNESS VMEREOF, we have hereunto set our hands and official seals this day of n AGENDA ITEM # 8D SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH RENTAL CONTRACT FOR PUBLIC FACILITIES LONGTERM AGREEMENT made and entered into this day of , at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City "), and Brecht Catalan, Tennis Instructor of 12855 Greenmeadow Place Jacksonville, FL 32246 (904) 241 -4625 (hereinafter "Renter "). WHEREAS, Renter desires to use the following public facility: Jack Russell Park Tennis Courts 4 5 & 6 and, WHEREAS, Renter desires to use said public facility on a recurring basis such as daily, weekly, monthly, during a particular season, or the like, which is more than a one -time use, and therefore a long term use, and WHEREAS, the parties are in complete agreement regarding the terms set forth herein. NOW THEREFORE, in consideration of the covenants and promises as set forth herein, and any rental payment made hereunder, and other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, it is 1. Length of Rental Term: This agreement shall run from October 1, 2012 through September 30, 2013 2. Amount and Time of Payment: Renter, in exchange for use of the facility, shall pay to the City the annual fee of $200.00 at the time of signing this agreement. Such fee may be waived at the discretion of the City Manager if Renter is a governmental agency or an organization that provides a public service available to all, is non - profit in nature, and charges no user or admission fees. Renter shall provide the City with a copy of its tax - exempt form or other proof or evidence satisfactory to the City Manager of Renter's non -profit status. 3. Conditions: This agreement is made and entered into upon the following express covenants and conditions, all and everyone of which Renter hereby covenants and agrees, with the City, to deep and perform: a. No fees or admission costs shall be charged to the public unless approved in writing by the City Manager. b. No use of alcoholic beverages shall be permitted without the written permission of the City Manager AGENDA ITEM # 8D SEPTEMBER 24, 2012 Renter shall provide to the City a copy of audited financial statements if requested. In the event audited financial statements are not available, renter shall provide all supporting documents with its own financial statements. d. Renter shall insure compliance with all city, state and federal laws, as well as any rules and regulations of the City for the govermnent and management of the public facility, together with all rules and requirements of the police and fire departments of the City. e. Renter shall allow no discrimination based on race, sex, age, religion, national origin, disability or otherwise. f. Renter shall make no alterations to the facility of a permanent nature without the express written consent of the City Manager. g. Renter's use of the facility is not exclusive outside of the dates and time as set forth below. h. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City staff. This may include removal and storage of Renter's property. i. Renter shall correct any discrepancies noted by the City. Should the City require corrective action, such action shall be the financial responsibility of the Renter. j. Renter shall provide a written account of all keys to the facility in possession of Renter at the end of the contract. If renter cannot account for all keys, Renter will incur the cost of re- keying or changing of the applicable locks. One key will be provided at no cost to Renter and any additional keys will require a $10 per key at Renter's expense. k. Any exclusive use shall be as set forth below. The use of the facility in addition to the exclusive use periods shall be requested through the Parks and Recreation Director under the general rules, i.e., a facility may be requested for short tem use by applying for such use after the 15 day of each month for a day or time period within the next month. For example, any organization requesting the short-term use of a City facility in the month of February could apply for such use after the 15 day of January. AGENDA ITEM # 8D SEPTEMBER 24, 2012 1. Renter shall maintain at all times during the lease tern at Renter's cost, a comprehensive public liability insurance policy protecting the City against all claims or demands that may arise or be claimed on account of Renter's use of the premises, in an amount of at least $1,000,000 for injuries to persons in one accident, $1,000,000 for injuries to any one person, and $1,000,000 for damages to property, the insurance shall be written by a company or companies acceptable to the City and authorized to engage in the business of general liability insurance in the State of Florida. Renter shall deliver to the City satisfactory proof or evidence of such insurance, and shall name the City as an additional insured under said policy. m. Renter may apply to the City Commission of Atlantic Beach for a waiver of this insurance requirement. The City Commission shall consider such application for waiver on a case by case basis, taking into account the length of the lease term, use of the public facility, number of persons involved in said use, cost of the insurance, and any other factors submitted by Renter which unique and particular to the Renter. n. Renter agrees to indemnify and hold harmless the City form any and all liability, defense costs, including other fees, loss or damage which the City may suffer as a result of claims, demands, costs or judgment against it, arising from all activities engaged in by Renter in its use of the following public facility: _Jack Russell Park Tennis Courts 4, 5, 6 o. Additional provisions agreed upon by the City and Renter: none 4. Exclusive Use Dates and Times: See attached for schedule. The City retains the right to rent and use the facility at other times not specified for use by the Renter. 5. Delivery of Facility: The City shall deliver the facility to Renter in good working condition, with any necessary facilities and utilities, and in clean condition. 6. Control of Building: In renting said facility to Renter, the City does not relinquish the right to control the management and operation of the facility, and the City Manager or his designee may enter the facility and all of the demised premises at any time and on any occasion. 7. Assignment Renter shall not assign this agreement nor suffer any use of the facility other than herein specified, nor sublet the facility or any part thereof, without the written consent of the City. AGENDA ITEM # 8D SEPTEMBER 24, 2012 8. Default In case the Renter shall default in the performance of any covenant or agreement contained herein, and such default shall continue for ten (10) days after receipt by the Renter of written notice thereof given by the City, then the City, at its option, may declare this agreement ended. In that event, Renter shall immediately remove all persons and its property from the facility, and failing to do so, the City may cause such removal either with or without process of law, at Renter's expense. These expenses shall include, but not be limited to, reasonable attorney's fees incurred by the City, whether suit is filed or not." IN WITLESS WHE RE ®F, we have hereunto set our hands and official seals this day of CITY OF ATLANTIC BEACH By:_ Staff: "CITY" 66 ETD 99 AGENDA ITEM # 8D SEPTEMBER 24, 2012 Jack Russell Park Tennis Schedule Courts 4, 5, 6 Reserved for Lessons 2012 Sunday 3 pm-4 pm Private 4 pm — 5 pm Developmental Clinic 5 pm — 6 pm Cardio Tennis 6 pm — 7 pm Private Monday 9 am —1 pm Junior Clinics — Private (seasonal) 11 am — 2 pm Juniors — Advanced 4 pm — 5 pm Private 5 pm — 6 pm Junior Group Clinic 6 pm — 9 pm Men's Advanced Clinic Tuesday 10 am —11 am Private 11 am —1 pm Junior Group 5 pm — 6 pm Private 6 pm — 8 pm Ladies Wednesday 11 am —1 pm Private 4:30 pm — 5:30 pm Private 5:30 pm — 6:30 pm Ladies League 6:30 pm — 7:30 pm Developmental Thursday 11 am —1 pm Juniors 1 pm — 2 pm Private 5:30 pm — 6:30 pm Juniors Friday 5 pm — 7 pm 6 pm —9 pm Private League Match Play (seasonal) Saturday 12 pm -4 pm Women's Doubles League (seasonal) For tennis Lessons or program information at Jack Russell Park, please contact Breck Catalan at (904) 803 -7213. AGENDA ITEM # 8E SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Advisory to amend Section 24 -51 of the Land Development Regulations, to clearly delineate minimum public hearing and notice requirements for all types of land use requests, as provided by applicable Florida statutes, and to ensure consistency with the provisions of nearby beach cities, particularly Jacksonville Beach and Neptune Beach; to amend Section 24 -69(a) of the Land Development Regulations, to increase the fee for variance and waiver requests to more adequately cover the costs associated with addition of required published and mailed notices, and to ensure consistency with the fees of nearby beach cities, particularly Jacksonville Beach and Neptune Beach. SUBMITTED BY: Erika Hall Principal Planner DATE: September 13, 2012 BACKGROUND: Public hearings are integral to due process related to applications that seek relief from or propose changes to land uses and development standards. Florida statutes provide very specific directions as to how and when public hearings should be held, and how and when they are to be noticed, for both amendment of comprehensive plans and associated land use maps, and amendment of zoning and land use regulations, zoning maps and permitted uses. And though statutes, particularly Chapter 163, which is the Community Planning Act of 2010, and its former incarnation as the Growth Management Act of 1985, prescribe public hearings for requests for variances or -waivers from adopted land development regulations and exceptions to permissible uses, the timing and method of notice for those particular hearings is not as clearly defined. Provisions for notices of this type of public hearing, resulting in a development orders rather than ordinances, have been left to the design of individual municipalities. Historically, the City of Atlantic Beach has complied with the basic requirements that include both posting of meeting agendas on the city bulletin board and posting of notification signs on the subject property at least one week prior to the actual hearing. However, many municipalities, Jacksonville Beach and Neptune Beach included, are more aggressive in giving notice of public hearings, publishing notices in the local newspaper and /or sending letters of notification to adjacent property owners within a certain radius of the subject property. In light of this, and in an effort to encourage transparency and increased levels of public participation in the governance of the city, the Commission requested that staff draft revisions to section 24 -51 that would make public hearing and notice requirements for Atlantic Beach consistent with the other beach cities. The presented strike - through and underline draft does so, and the accompanying chart summarizes the proposed revisions, as compared to the currently adopted regulations of Atlantic Beach, Jacksonville Beach, Neptune Beach, as well as the provisions of Chapter 163, F.S. as described above, and Chapter 166, F.S. (specifically the subsection having to do with public hearings and notification for municipal ordinances). Additionally, section 24 -69(a) is revised to increase the fee for variance and waiver applications from $150 to $250, in order to cover the added costs associated with published and mailed notices. This amount is consistent with the fee charged by the other beach cities. September 24, 2012 regular meeting AGENDA ITEM # 8E SEPTEMBER 24, 2012 The Community Development Board, at a public hearing held on August 21, 2012, reviewed this strike - through and underline draft, finding it to be consistent with both statutory requirements and the provisions of neighboring beach cities as described above, and unanimously recommended approval of the proposed changes. RECOMMENDATION: Review revisions as recommended by the Community Development Board and authorize an amending ordinance to be drafted and scheduled for first reading at the next Commission meeting. ATTACHMENTS: Strike - through /underline draft of section 24 -51, section 24 -69(a) "Public Hearings Notice Requirements Comparison" chart Draft minutes of the August 21, 2012 CDB meeting BUDGET: No budget issues. REVIEWED BY CITY MANAGER: 2 September 24, 2012 regular meeting AGENDA ITEM # 8E SEPTEMBER 24, 2012 SECTION 24 -51. NOTICE OF PUBLIC HEARINGS a(j ° ed—v Amendment to the text of the adopted comprehensive plan, future land use map s_ eries or site- specific comprehensive plan amendments 1 Pub lic hearings. The local planning agency and the local governing body each shall hold at least orie (1) public hearing on a proposed amendment to the text of the adopted comprehensive plan, the future land use m series or a site - specific comprehensive plan amendment prior to transmittal of the proposed amendment to the state planning agency pursuant to Florida Statutes, §163.3184. Upon receipt of written comments from the state planning agency, the local governing body shall hold at least one (1) additional public hearing to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendme Both the local olanning agency and the local governing bodV_ public _ hea held at the transmittal stage shall be held on a weekday at least ten (10) days after notice is published pursuant to the requirements specified in subsection (a)(2) below, and the local governing body public hearing held at the adoption stage shall be held on a weekday at least ten (10) days after the second notice is published pursuant to the requirements specified in subsection (a)(2} below. Statutes §163.3134 anci §166.041, unless otherwise specified. a Published notice. At least ten (10) calendar days prior to each public hearing held by either the local planning agency or the local governing body, the city manager or designee shall have published an advertisement giving notice of the oublic hearing. The required published notice shall be no less than one - quarter (%} page in a standard size or a tabloid size newspaper and the headline of the notice sh all be in a type no smaller than eighteen (18} point. The notice shall not be placed in that portion of the newspaper where legal notices and classified AGENDA ITEM # SE SEPTEMBER 24, 2012 advertisements appear. Th notice shall be published in a newDApeer of ge neral paid circulation in the city and of general interest and readership in the community, not one of limited subject matter, pursuant to Florida Statutes Chapter 50. Wheneve possible, the notice shall appear in a newspaper that is published at least five (5) workinE days a week unless the only newspaper in the city is published less frequently. The notice shall be in substantially the followinE form: AGENDA ITEM # 8E SEPTEMBER 24, 2012 NOTICE OF CHANGE OF LAND USE The C and within the area shown in the mal� in this n ®tics. A ��blic h�arin on the proposal will be held on (date and tirnel at lace 1. The notice shall also contain a geographic location map which clean indieates the area covered b the ro osal. The ma shall include ma'or street names as a means of identification of the are The notice shall also state the places within the boundary of the City of Atlantic F3each where the proposed amendment may be inspected p notice shall also advise th interested parties may appear at the meeting and be heard re�ardin� the tra nsmittal or ado tio� n ©f the amendment. b Mailed notice. At least thirty (30Lcalendar days prior to each public hearing, the city manager or designee shall provide notice by mail of each public hearing to each real prop owner whose land is subject to the amendment, and to all owners of real property within three hundred (300} feet of the periphe of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the proposed amendment as it affects that property owner and shall set a time and place for one or more public hearings on such amendment. A copy of the notice shall be i <ept available for public inspection during the regular business hours of the office of the clerk of the governing body. c. Posted notice. At least seven (7) calendar days prior to each public hearing, a sign identifyi the request inciudin datetime and location of the public hearing, s hall be posted on the subject parcel. Such sign shall be erected in full view of the public street. Where the property sublect to the request does not have frontage on a public street a sign shall be erected at the nearest public right -of -way with an attached notation indicating the general direction and distance to the land subject to the application. Sign ns) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with thi requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body. AGENDA ITEM # 8E SEPTEMBER 24, 2012 d�— LbL PvbU hed neti Amendmen to t he text of the land development re gulations, inclydinq revisions to the list of permitted cond the official zonin map (1) Public hearings. — The local planning agency shall hold one (1) public hearing and the local governing body shall hold two (2) public hearings on a proposed amendment that changes the official zoninemap, or that changes the text of the land development regulations, including revision to the list of permitted conditional or prohibited uses within a zoning categor The second public hearing before the local governing body shall be held approximately two (2� weeks after the first public hearing. The day time, and dace at which the second hearing before the local governing bodwill be held shall be announced at the first public hearing. The public hearings shall be held after 5:00 p.m. on a weekday. otherwise specified. a. Published notice. At least ten (10) calendar days prior to each public hearing held by either the local plannin�ency or the local governing body, the city manager or designee shall have published an advertisement giving notice of the public hearing. The required published notice shall be no less than two (2) colum wide b ten 10 i nches long in a standard size or a tabloid size newspaper, and the headline of the notice shall be in a type no smaller than eighteen (1S oint. The notice shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newaper of ge paid circulation in the city and of general interest and readership in the community not one of limited subject matter. The notice shall state the date time place of the public hearing the subject of the meeting, and the place or�laces within the boundaries of the city where the proposed amendment may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard re garding the amendment. 1. Published notices for amendments to the official zoning map shall be in substantially the following form: AGENDA ITEM # 8E SEPTEMBER 24, 20] 2 NOTICE OF ZONING CHANGE nce No. rezonin and tIme at meetin lace The notice shall also contain aeoraphic location map which clear) indicates the area covered by the proposed ordinance. The map shall include major s names as a means of identification of the area. 2. Published notices for amendments to the text of the land development regulations t change the actual list of permitted, con shall be in substantially the following form: NOTICE OF ZONING CODE RE ULATIQNI TE1fT CLIA E nce . amending the text of the _zoriin code land ect the land located within the area shown in the man of this A public hearing ors the propa�sed text change ill be held �r� (date and time at (meetin place). The notice shall also contain aeoraphic location map which clearly indicates the area covered by the proposed ordinance. The map sh atl include major street names as a means of identification of the area. 3. Published notices for amendments to the text of the land development regulations that do not change the actual list of permitted, conditional or prohibited uses within a zoning category shall be advertised as follows. At least ten (l0Lcalendar days but not more than thirty (30) calendar days in advance of each public hearing, the_city manager or designee shall have published a notice of such hearing in a newspaper of general circulation in the city. The notice of public hearing shall state the date, time and .dace of the meeting, the application number or the title of the proposed ordinance, and the place or places where such application or proposed ordinance may be insp ected by the public. The notice sh also advise that interested AGENDA ITEM # 8E SEPTEMBER 24, 2012 parties may appear at the hearing and be heard with r espect to the application or proposed ordinance. b. Mailed notice. At least thirty (30) calendar days prior to each publi hearing, the city manager or designee shall provide notice by mail of each public hearing to each real property owner whose land is subject to the amendment, and to all owners of real property within three hundred (300 feet of the periphery of the sub�ct property whose names and addresses are known by reference to the latest ad valorem tax records published bV the c rp operty appraiser. T he notice shall state the substance of the application or proposed ordinance as it affects that property owner_and shall set a time and place for one or more public hearings on such ordinance. A copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. c. Posted notice. A least seven (7) calendar days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land sublect to the application. Where the property subject to the request does not have frontage on a public street a sign shall be erected at the nearest public right - of -way with a n attached notation indicating the general direction and distance to the land sublect to the application. Signs) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deeme a failure to comply w this requirement, nor shall it be grounds to challenge the validity of any decision made bar the local planning agency or the local governing body. cj_)_ ��s¢edRepuest for variance from or waiver of land development regulation t & Notice. AGENDA ITEM # 8E SEPTEMBER 24, 2012 a. Published notice. At least ten ( 10) calendar days prior to each public hearing, the_ city manager or designee shall have published an advertisement giving notice of the public hearing in a newspaper of general circulation in the City of Atlantic Beach. The notice of the public hearing shall state the date, time and place of the public hearing, and the place where such application may be inspected by the�ublic. The notice shalt also advise that interested parties may appear at the public hearing and be heard with respect to the application. b. Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city manager or desi shalrovide notice by mail of the}aublic hearing to all property owners within three hundred (300) feet of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the application and shall set a tirne and place for the public hearing. A co y of the notice shale be kept available f or public inspection during the regular business hours of the office of the clerk of theovernin body. -a- Posted notice. At least seven (7) calendar days_prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. UVhere the property subject to the request does not have frontage on a public street a sign shall be erected at the nearest public right - o f- way ith an attached notation indicating the direction and distance to the land subject to the application. Signs shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been �aosted shall not be deemed a failure to comply with this requirement nor shall it be grounds to challenge the validity of any decision made by the local planning agency o r the local governing body• LL ,p;e-�ive ;-,®� �Request for use -by- exception " iti^ � "'r " ^n N' �° I 5 r6 in m rd m ti ttPi k 1mr4.-34Q44 ci d" A to e j1� Public hearings. The locallanning agency and the local governing body shall each hold one (1� public hearing on use -b�- exception applications. Notice. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or designee shall have published an advertisement giving notice of the public hearing in a newspa aver of general circulation in the City of Atlantic Beach. The notice of the public hearin shall state the date time and AGENDA ITEM # 8E SEPTEMBER 24, 2012 d ace of the public hearing, and the place where such application may be inspected by the public. The notice shall also adv that interested partie may appear at the public hearing and be heard with respect to the application. b. Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of the public hearing to all property owners within three hundred (300) feet of the subject property, whose names and addresses are known byreference to the latest ad valorem tax records published by the c ounty property appraiser. The notice shall state the substance of the application and shall set a time and place for the public hearing. A cogy of the notice shall be kept available for public ins ection during the regular business hours of the office of the clerk of the governing body. . -c. Posted notice. At least seven (7) days prior to each public hearing a sign identifying the request, including date time and location of the qubHcc hearing shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the appl ication. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right - of -way with an attached notation indicating the general direction and distance to the land subject to the application. Signs) shall be removed after a decision is rendered on the agplication. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body. (e� Contest. If no aggrieved gamy does contest the issue of proper notice within thirty (30) days of the city commission renderi of it s decision then notice shall be deemed to be in compliance with this section. AGENDA ITEM # 8E SEPTEMBER 24, 2012 SECTION 24 -69. FEES Pursuant to subsection 24- 46(e), the City Commission for the City of Atlantic Beach hereby establishes the following fees related to the administrative costs of carrying out the requirements of this chapter and also to cover the costs for planning, zoning, engineering, utility, and specific use reviews. These fees shall be payable to the city at the time such application or request is filed. Applications for planning and zoning related requests shall not be considered as complete applications until such time as required fees have been paid in full. Fees for specific use verified complaint -based and permit reinstatement reviews must be paid prior to scheduling of subsequent compliance inspections. Fees as required by this section are not refundable. (a) Planning and zoning fees. (1) Appeals $ 50.00 (2) Determination of vested rights $ 50.00 (3) Change in zoning district classification $500.00 (4) Use -by- exception $250.00 (5) Zoning variance or waiver $0250.00 (6) Development review a. Single- and two family uses $ 50.00 b. Multi- family uses, per dwelling $100.00 c. Commercial and industrial uses $300.00 d. Public and institutional uses $300.00 e. Landscape plan $100.00 (7) Subdivision a. Application for waiver $250.00 b. Application for re -plat $250.00 c. Preliminary plat review $250.00 d. Final plat review (plus recording fees) $100.00 (8) Comprehensive plan amendment a. Less than ten (10) acres $250.00 b. Greater than ten (10) acres $250.00 (9) Land development regulations $ 15.00 (10)Comprehensive plan document $ 15.00 (11)Zoning and comprehensive plan maps $ 5.00 AGENDA ITEM # 8E SEPTEMBER 24, 2012 Z W W O Z W O O a z a Z O W S m a m a m a a m a m a CO a m a m a m a m a m a LU V) m to ° u m N u N ct w u m rd n u Ln N> N} N > > N} N > N} N} N > N} N} N Q to O m N D a p u O ' O — ,1 ^ c-I ^ ei O ri ^ rl ^ ri O 1-4 ^ a 1 m 4 M 4 vi 4 .1 r+ T m v ui v v in lqr ,n v i in A M 4 c Ln N N wl N tm CY N N to) N tm N tm N I'm N tm N tm N tm LL LL LL Z Z Z Z 00 Z m Z m Z p W m r O f- to 00 O N N 00 O N N 00 O LL .-� to v O LL ~ •--� V) v } a `° } a M a "a to `° to .n 'a ,� N u a to a Z 0 w + w M .+ w cl N W M cc o w ko s o W t 0o Q r` D pp D oo Q 00 Q Q LL W m LL W m to LL W M LL W t� LL W ko .--� ,--� N O .--� c-1 O ,-r r-1 O ,-t ri O to ci ei O to ci r, O to ,"� r-i tm cc "m N N N N N t0') tm tm 101 ta, N tm N tm CO m m m m m m m m LL w L V t V ct } } to u } } . } Q } .n } fl >- fl ma U) U) 00 r-f to 00 -�� to a M a m > m a a�na�,aLn ava�ra�r p p p 0 w m LL w M u ' w m u' O m to O m Ln p m Ln p V p V 0 d m a O V m d u1 Q Q M t0 M K t° Ili K tD O '1 O m �. M V Vl to ci , Vl m c ei to c a to c a to c a LA c r1 m m m m m m tm a a ,MO, tmDt �, tm tm o, Z W) tm tm to w to O LL N lJ J to LL to LL J J J a : J J J I_ p 1 i m } m} m . U cr W F to a m o w o v o v w w o w a W X w w w w tr W m W O .1 to m to O O O O O O O Ln w -4-4 = . -t 2 N s = s p = z = 0 a Q ,-, 10) to, 10) � oc W , W LA. - � L W 3 Ln LL LL LL X LLI O v � ? LL N Ln W ca Z O e-1 O O O �-1 U Q 0 g W 00 w 00 W 00 CQ C Of W W 0 M O O Q Q O O Q Q a K m K m K m K t0 K ^ N �o, a Z Z ^ N .m W Z Z ^ N to, d ni m m Z W, .o, O U tm tm tm O N O O W W LL LL Z_ Z_ (A Ln D D W W W W O O Q Q Z Z W O W Q W Q W O Z , LU Q Q Z Q Q a Q Q a � Q Q Lu J ,x '' ,� J '' Z m Q �+ Z m Q M JO m a M O a _j °° Q M O a p a a p a a � a � a cc W W 0 1 1 1 10 1 1 1 1 0 1 1 D AGENDA ITEM # 9A SEPTEMBER 24, 2012 September 17, 2012 MEMORANDUM TO: The Honorable Mayor and Members of the C FROM: Jim SUBJECT: City Mani /er's Report Tennis FestivaUFun Day The Atlantic Beach Recreation Department is planning on hosting a 10 & under Tennis Festival/Fun Day in conjunction with the Nickelodeon's 2012 Worldwide Day of Play. This festival will be held in Russell Park on October 6 from 1 to 3 pm. Preparations are underway for three teams of kids 10 & under from Atlantic Beach; from Donner Park, Russell Park and Selva Marina. Attached is a press release from the United States Tennis Association (USTA) that is sponsoring the event and has provided grants for equipment. U I AV Wi JN IP Ilk n� tW A Mi- r IL .,' � #1 - ., -� :�x'4 .,li F1�}"FIF,�a r .6a I 7Y + ,I ,lF. J. •ICJ' "'. s• -�, • +I .•I � I fil I:.il} � v i h ' �'�.� - �. �w ��r ��1 H - I'G. �*jL ., tiF * _ 7F�•n!r _ '. w [... '� '• ''�. .' _ � F - 'J - I i - • x. � � � �,+. ._ � �I' I � r ii l 1 � !: 1• �1 I lY�l' 4 i r L I Y`•' � 3r�'i I• } 4� I �� J =�'4 S. � " ^ h r �� t - ' {y ' Tl,a �.,. r�,. 1.2 _ _Milk �''� l -i ?'� `."i `� lr ,.' s_ !'. ti�1• Y: � ti '+ �.1, !'r C �� i'I'.� r,{ r,•: + �n'�•� i • f, !,T • 'F� .']�. {':. �.�'� Ir 'fi i' - l�i�l N ':'� !r Y I '.I S9'.:� +, .,�� T• J, __'r.1 _,, n.. �' �•i"?.. , �w" ' v� • ,.'.ff ",, . S• 4 Y i.r- • y r i Miff � }� ,- . T . nJ t , ,1 y , g �',, r.- .,7 w =, ;{ t7 Fr J.' k.�:1 M•h �1?. ri�.f i f " �:�+ ', J �Y iyt 4 .. - ,i "!' -w��. -�,�. `•.-'- - 1 },� 4�• rat 1 x+ :Y t ' I'+��' -r `•� - k .! '_1��.,• :FF•� r I'. t �!� T I _. i. 1�� r Ly. , {• .,. : �r.1� h '+ y '.`. , I a ' ti ' • .}�. f�!r I `f {x� � 'r� ` �. -.'rr f - . + . � WV �� Iti�F JF . rit JR p u ir r y I Al } . I' F ' . I �`�- ��1! f'4�:�'', !*'� -�R •ti.t"�r,.�.`, :!� _ "!!,'�"�� .�.�� '�?- �e�r3�` +.. ,��`�f�?' 'fi ti7Ni �,yy '} Yri.: � ` �ir r �� y,y • r''�,�i r },�; r' i•� ; 'X'•�'�- C ^ •S .- �ry.�1, d r, n, a+ iL- w�� .:'t1,.1��..�'is..'.'.'1Jti31 �r�'�.�Y;k,`,..'•`�,4i`. r�,,� {• l.' i 7 +J � r'C.C�� .r/ �fY_}. II ,�1- °y'iV. II ! 1�� a y re 1 -'.,": l' +,q_ ?�: f41 �1�'4"w 1 Y"'1r7�. iF�� r• .r "+:• ��.�.r.,. mow;•°? �*: -- . � +:'_.:.-� v7' F r:T.- .c}':, f {'r.:�,�:_'�c,�S��' *��::�, �tti:r 0 ` r'+ t.'+! y- �431�� ' Y.': r�7'_ 7 . t'; r„ �1.�CL.�..� " w'�.�};�.:y 4 f s+.•,�ti:�3i5> -, ��4,h 'f?'. 3,':':� �',� � � _S 1 . "f•.�n;�. ..� ' j' .ry.l.i +yy'k.. ';'.�.'` "y,�'� .;,,r:...� {y•,`'� .t`'rf�-*';y H�'7}•r- "�**� �s M. ?rte' ri! �w�.+L�.:a..��t7,t ;��4r.!4%+�- P t' l.;rr, '� � - � � 4.-r '.. ,i:.+ti, _��A ;.�_ x• .r.L,.S. .... �,�,b S� 7.'�.1[st JF '� - i7t ' >. r � ya �, r ,: y Yyr'{r' �,' fi: �dF' r` �=' �: �Je.►;.e!•. ��.'.�... • ' > *7„�. r '� 2 '_ _ .`` i'++' "�.�'I',"�k �'�.r . ��•� ��i Frequently Asked Questions - Parliamentary Procedure - Robert's Rules AGENDA ITEM # 1 OB SEPTEMBER 24, 2012 28. What is a majority? Fifty -one percent? Fifty percent plus one? The word "majority" means "more than half." The false definition "51 Only applies to units of exactly 100; the false definition of llsoo /o + I" is only true for even numbers, and false for odd numbers, For more information, refer to RONR ;tOth ed . pp. 387, 29. When nominations for offices are being taken from the floor, and in a situation in which the office calls for more than one person to be elected, can one make a nomination for more than one person at the same time? No -- unless nobody objects. " For tff fe inforniartion, refer to RONR (10th ed .), C 3JO Can a member vote on or second a motion to approve the minutes of a meeting that he did not attend? Yes, absolutely! There Is no requirement in Robert's Rules. of Carder that a member have first --hand knowledge of something before voting on minutes or other motions. In fact, a motion need not be made regarding the approval of the minutes. They chair says, "Are there any corrections to the minutes ?" Members may offer corrections, and when there are no further corrections forthcoming, the chair says, "If there are no further corrections to the minutes, they stand approved as corrected.,. the next item of business is..." or if no corrections are offered, "If there are no corrections to the minutes, they stand approved as read.., the next item of business is..." Dote that there is no second involved in this process, For more information, refer to ROHR. (10th..ed - .), pp. 343 -344. 31. In the event of a tie vote what are the President's duties or options? On a tie vote, a motion requiring a majority vote for adoption is lost, since a tie is not a majority. If the presiding officer is a member of the assembly, he can vote as any ether member when the vote is by ballot. In all other cases the presiding officer, if a member of the assembly, can (but is not obliged to) vote whenever his vote will affect the result - ..that is, he can vote either to break or to cause a tier or, In a case where a two-thirds vote is required, he can vote either to cause or to block the attainment of the necessary two thirds. The chair cannot vote twice, once as a member, then again in his capacity as presiding officer. In an appeal from the decision of the chair, a tie vote sustains the chair's decision, even though his vote created the tie, on the principle that the decision of the chair can be reversed only by a majority. For more information, refer to ROHR (10th ed .), pp. 332 -393. http:// www.parlipro.org/faganswers.htm 9/5/2012