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Agenda Packet 10-8-12CITY OF ATLANTIC BEACH CITY COMMISSION MEETING October 8, 2012 - 6:30 PM AGENDA Call to order Invocation and pledge to the flag 1. A. Approve the minutes of the Regular Commission Meeting of September 24, 2012. B. Approve the minutes of the Commission Briefing of September 21, 2012. C. Approve the minutes of the Budget Workshop Meetings of August 21, 28 and 30, 2012. 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 List of New Business Taxes for September 2012. B. Authorize the City Manager to sign the attached contract with Michael Grant Tennis Academy. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 12 -15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS 7. Action on Ordinances None. 8. Miscellaneous Business A. Mutual Aid Agreement with Fernandina Beach, Neptune Beach, Jacksonville Beach, Green Cove Springs, St. Augustine and St. Augustine Beach. (City Manager) B. Request for a Waiver from City Code Section 19 -7 Driveway Limitations to allow a Circular Driveway on a lot with less than 100 Ft. Frontage. (City Manager) 1 C. Request from Aquatic Gardens Beautification Committee for matching funds totaling $2,500 for landscape improvements to the Aquatic Gardens neighborhood entrances through the City's adoption program. (City Manager) 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Report pertaining to Selva Marina Country Club. (Commissioner Mark) B. Request for commission to consider setting a policy for staff to have contracts and contract renewals ready for commission approval at least two meetings before the expiration of the old contract or beginning date of the new one. (Commissioner Daugherty) 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, October 5, 2012. MINUTES REGULAR CITY COMMISSION MEETING September 24, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern Maria Mark City Manager Jim Hanson Commissioner Mark Beckenbach City Clerk Donna L. Bartle Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. A. Approve the minutes of the Regular Commission Meeting of September 10, 2012. Motion: Approve the minutes of the Regular Commission Meeting of September 10, 2012. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. Approve the minutes of the Commission Briefing of September 7, 2012 (attended by Commissioner Beckenbach). Motion: Approve the minutes of the Commission Briefing of September 7, 2012. Moved by Beckenbach Votes: Aye: 1— Beckenbach Nay: 0 MOTION CARRIED Mayor Borno stated Commissioner Beckenbach asked to make a correction on the minutes for the Robert Street Ditch Town Hall Meeting at Donner Park held on August 16, 2012 that were approved at the 9 -10 -12 Commission Meeting under Agenda Item 1 C. Motion: On Page 2, Paragraph 7, delete words "however, they were willing to compromise and go with metal sheet pile if the pipe and swale is turned down." Moved by Woods, Seconded by Beckenbach Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED September 24 2012 REGULAR COMMISSION MEETING Page 2 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Dick Hilliard, 338 11 St, addressed the Commission regarding the beach cleaning contract stating he does not believe the contractor is going by the specifications of the bid. He stated the specifications are written for a tourist or business type beach, i.e. Daytona, Miami. He stated we have never had to use specialized equipment to go down 6" into the sand and pick up materials and then haul them off the beach. He stated if they were to do what was in the specifications they would spend four times the amount of money they are charging us now. He stated he believes we are not getting other bids because these bids are not for a residential area and the bids are not being enforced. Mischelle and Michael Grant, 13401 Sutton Park Rd., Apt. 213, Jacksonville, addressed the Commission regarding their proposal for the tennis program through the Michael Grant Tennis Academy. Michael Grant stated they were here to outline a revenue share agreement that could provide the City with an alternative source of revenue to support and assist with the funding for tennis court maintenance. He explained his background. Mischelle Grant further explained their proposal, stating they would donate $1 to the City for each tennis lesson given on the City's courts. She asked that the Commission add them to the list of the City's service providers for tennis. Bill Mayhew, 1870 N. Sherry Drive, stated after the last meeting he was somewhat chastised for not pointing out that the salaries used for other cities in his presentation did not include benefits, while our City Manager's package did. He stated he had made the comparison clear in a memo to the elected officials but agreed he should have done it again at the last meeting. He stated he was also accused of being somewhat inflammatory and for that he does not apologize. He stated someone needs to inflame the public to take an interest in what is going on at City Hall. He stated every organization and function needs periodic reviews to remain efficient and up to date. He asked if we need a base salary for the City Manager rivaling those of large cities and to be near the very top of smaller cities. He stated we also need to look at other benefits that are paid. He stated it is not his job to set the City Manager's salary but he wants the Commission to look at the compensation situation and if they feel a package of $180,000 is reasonable then that is their decision. He also asked that they not get sidetracked as to whether or not he was technically correct in every facet of his presentation. He stated the numbers are what are important and he believes as long as they are reasonably factual that is what should count. Rosalind Hoffman, 266 Magnolia St., addressed the Commission expressing her concerns about the pit bulls at 330 Magnolia Street. She related several situations related to the dogs since 2009. She stated there were several other neighbors here tonight who are also concerned about the dogs and she hopes they will take this under consideration. Bruce Robbins, 310 Magnolia St. thanked the Commission for their quick response to their emails over the weekend. He stated there have been four incidents since May that he has been directly involved with regarding the pit bulls at 330 Magnolia Street, including one where his contractor was bitten by one of the dogs. He stated the issue comes down to that of safety for the people in the neighborhood. He stated this is something they need to pay attention to before they have a tragedy. Lindsay Cole, 338 Magnolia Street discussed the issues with the pit bulls at 330 Magnolia Street, stating she is the neighbor living directly to the north of the residence with the pit bulls. She stated she was a first time Sentember 24. 2012 REGULAR COMMI MEETING Page 3 home buyer and chose to buy this home in Atlantic Beach approximately 2 years ago but so far it has been a pretty miserable experience, unfortunately. She asked them to imagine what it feels like to have to check outside your window before you walk outside of your house, to carry Mace and possibly a weapon just to take your trash out or go to the mailbox. She stated the residents of Magnolia Street feel like prisoners in their own homes because of these irresponsible residents at 330 Magnolia Street who have chosen to own three vicious and unpredictable pit bulls. She stated it's not just the neighbors who are being affected; their street has probably the most pedestrian, bike and skateboard traffic in Atlantic Beach. She stated every day these people are unknowingly risking an attack just by walking down the street. She stated since the neighbors have come together they have learned that these pit bulls have bitten people and other animals. She stated it is sad that the dogs' owners could not care less. She stated despite the owners receiving numerous fines they still allow the pit bulls to menace the neighborhood. She stated she hopes they do something to rectify the situation. Jennifer Chalot, 322 Magnolia St., stated she lives directly next door to the pit bull owners at 330 Magnolia Street and believes she is the longest suffering person in the neighborhood. She stated she filed an affidavit in 2009 when the single pit bull trapped her in her car after work. She stated she has lived the last four years with the inability to go out her front door without some kind of deterrent. She stated she has let this go on too long and she regrets that. She stated she just wants the dogs restrained and wants the City to demand that these owners restrict these dogs. She stated the only way that is going to happen is if they get a dangerous dog designation and she believes they fit that description. She stated this needs to be seriously looked at. Karen Johnson, 281 Magnolia St., addressing the pit bulls at 330 Magnolia Street, she stated there have been several incidents in which they have been concerned, scared or disrupted. Mayor Borno asked that Chief Mike Classey address this issue. Chief Classey explained what has been done in the past as well as what they are currently doing related to the above complaints. He stated Commissioner Woods has set up a meeting with the residents and himself for tomorrow at 6:30 in the theatre side of Adele Grage to discuss the issues with the dogs. He answered several questions from the Commission. Hank Brigman, 307 9 1h St., stated he has seen editorials and heard word of mouth about challenges at Selva Marina Country Club. He explained his background, stating he worked in the private club industry. He stated, with his background, he looked into what could happen in our community if our community purchased Selva Marina Country Club and improved it. He stated he has met with the leader of the club and with Hampton Golf, who is the largest manager of golf courses in Florida and who also managed Selva Marina Country Club for two years. He stated he set out to understand the possibilities and feasibility of Atlantic Beach purchasing the country club and looked at this from the prospect of can this be a win -win situation. He stated he is not here to speak about the details of Selva Marina, is not a member of the country club, has no financial interest in that facility, is not involved in any of the development opportunities that are currently being proposed to that country club and has no interest, financially, in Hampton Golf. He stated he was here as a citizen of Atlantic Beach. He explained the bank holds the first mortgage on Selva Marina Country Club and that note has been extended until the end of the year. He explained the worst case scenario is that the bank will take over a critical piece of property to our community. He further gave a slide presentation regarding Selva Marina Country Club, explaining the possibility and feasibility of Atlantic Beach purchasing the club. He stated he believes this is a once in a lifetime opportunity and if we don't at least explore this opportunity we can look back years fiom now and bemoan the fact that those apartments, condos, or that industrial park that sits there and degrades our community could have been the center of our recreational world and could have enhanced our community and our property values. September 24 2012 REGULAR COMMISSION MEETING Pate 4 Kirk Hansen, 2393 Ocean Breeze Court, representing the Board of Directors of Selva Marina, stated they wanted to make sure people understood what the club is and what their position is right now. In a letter dated September 16 from Mike Carlin, responding to an inquiry asking if Selva Marina Country Club was for sale, he read "The Board of Directors is considering strategic options to preserve the amenities currently offered to members. Any action taken by the Board must comply with the Articles of Incorporation of Selva Marina Country Club. The Board will consider all reasonable options that are consistent with the Certificate of Incorporation. The Board of Directors will present all reasonable proposals to the shareholders." He further read, "The Corporation shall not have authority to and shall not merge, consolidate, enter into a share exchange, sell any property of the Corporation, sell substantially all the personal property of the Corporation, dissolve, liquidate, etc. unless in each instance such action is approved by the affirmative vote of 66 2/3% of the total number of shares of the Corporation outstanding at the time of the vote." He stated, as the letter says, they are entertaining options, they have options in front of them right now, and to do anything would take a 66 2/3% vote of the shareholders that are currently outstanding. John Fletcher, 1740 Live Oak Lane, addressed the challenges and responsibilities that come with free speech, stating free speech is enjoyed at these meetings. He stated as a Commissioner every now and then he would be the recipient of criticism, etc. and as an elected official that's what you sign up for. He stated he was here to stand up for staff. He stated he wants to speak for people who don't have the same free speech that everybody else does, your staff. He stated whether calling the proposed police building Chief Classey's Taj Mahal or having a pension or executive compensation consultant make a presentation directly at the City Manager trying to dismantle his compensation package, he would love to see this Commission and Mayor Borno stand up and use the power of the gavel to ask civility of the people who come before you and talk. He stated that is all he asks. He stated he believes it would benefit everybody if public flogging of our staff was not supported and frowned upon actively by the Commission. He stated staff is defenseless. He stated you, and only you, can step in and stand up for them so he is here to ask the Commission to please do that. Mitch Reeves, 1663 Sea Oats Drive, addressed the Commission regarding the police building and asked, as one person who served on the police building committee, that the Mayor call the committee back to order for one day to attend the workshop that is being considered, as members of the workshop, to be part of the solution. He stated the full committee could then be around the table with the Commissioners and discuss why decisions were made and maybe why decisions need to be changed. He believes this whole issue can be solved but asked, if it can't be solved, don't continue this on. He also addressed the ferry stating they made $10,000 which will go toward advertising. He reported that on September 30 at 8:45 p.m. at the ferry slip after the last launch, the keys will be turned over to the ferry commission. He invited the Commissioners and the public to attend. He stated one of the things the ferry task force showed is that when you get together with leadership and work together, understanding the give and take and that you can't get everything you want, look at how things work out. He stated wouldn't it be nice if our City Commission could do that, work with everyone, work together and solve the issues and move forward and stop every week the same old stuff. He stated they need to move forward. Mayor Borno pointed out that the event for the ferry will take place on the Mayport side. 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. September 24, 2012 REGULAR COMMISSION MEETING Page 5 (Item 8A was taken out of sequence and acted on at this time.) 8A. Donation of property adjacent to River Branch Preserve. Mr. Hanson explained the River Branch Foundation wants to donate just under 12 acres of property adjacent to the River Branch preserve to the City of Atlantic Beach. He showed a slide of the location of the property. He stated the property will include a conservation easement. He stated the Foundation wants the property to remain in its present wilderness state, with some possible minor improvements for public access. He stated there is no cost to the City. He stated he would recommend the Commission authorize the Mayor to accept the donation of the property. He stated Judith Larue with the River Branch Foundation is in the audience tonight. Mayor Borno stated they greatly appreciate all the efforts Ms. Larue has put forward to bring this to us and it is a very gracious thing they have done and thanked her very much. Motion: Authorize the Mayor to accept and sign any necessary documents related to 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. Moved by Daugherty, Seconded by Woods Commissioner Mark thanked River Branch Foundation and Judith Larue for doing this, stating this is a great addition. Votes: Aye: 5 - Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED (Item 8B was taken out of sequence and acted on at this time.) B. Renewal of City Non - Benefit Insurance. Sue Danhauser introduced Shaun Woleshin of Harden & Associates. She explained this is for the renewal for the upcoming fiscal year. Motion: Approve renewal of insurance, effective October 1, 2012 through September 30, 2013 as indicated in the staff report and within Attachment 1 and authorize City Manager to sign related insurance renewal documents. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods, Nay: 0 MOTION CARRIED Mayor Borno recessed the meeting at 7:48 p.m. Mayor Borno reconvened the meeting at 7:55 p.m. September 24, 2012 REGULAR COMMISSION MEETING Pate 6 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). Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A and B as read. Moved by Woods, Seconded by Daugherty Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 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. Mayor Borno read the Resolution by title. He explained the Tentative Millage Rate is 3.3285, the Roll —Back Rate is 3.4550, and the Tentative Millage Rate is 3.66% lower 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 the estimated cost and to continue to maintain the City's infrastructure. Motion: Adopt a final Millage Rate for operating purposes of 3.3285. Moved by Woods, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. September 24 2012 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 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. 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. Moved by Woods, Seconded by Daugherty Mayor Borno opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 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. Mayor Borno read Ordinance No. 80 -12 -82 by title. Motion: Approve Ordinance No. 80 -12 -82 as read. Moved by Beckenbach, Seconded by Woods Mayor Borno summarized the Ordinance stating the storm water fees were increased effective October 1, 2012 by $1.50 for each residential unit. He explained the goal is to get the storm water fee to cover the cost of operation of the storm water, which is approximately $10.00 per residential unit. He stated with this increase we will go from $6.89 to $8.39 on the monthly utility bills, so we are getting close. He stated this does free up money we were taking from the gas tax which can be used for roads. Mayor Borno opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. September 24 2012 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5 — Borno, Beckenbach, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business A. Donation of property adjacent to River Branch Preserve. This item was taken out of sequence and acted on earlier in the meeting. B. Renewal of City Non - Benefit Insurance. This item was taken out of sequence and acted on earlier in the meeting. C. Beach Cleaning Contract Renewal vs. Performing Services In- House. Rick Carper showed a slide of the equipment used by the beach cleaner. He stated the Commission requested an analysis of what it would cost to do this in- house, which he detailed in his staff report. He stated it is substantially more than what they are paying the contractor to do it, plus he believes they would need additional staff to do it to the level it is being done for us now. He explained Mr. Hilliard was correct that they do just surface rake but it is included in the specs. He stated there is nothing in our specs that requires them to go down six inches. Commissioner Beckenbach questioned the mechanical specifications which states a minimum depth of 6 inches and be capable of picking up glass, can tops, crushed aluminum cans, etc. and suggested they change the mechanical cleaning spec. He stated this may give the opportunity to a few more people to bid. Mr. Casper stated if they took that out, they possibly would get more but they would end up getting lawn companies and people with no experience doing the job. He stated he knows there is a lot of concern over cost for just having a single bidder but he would challenge anyone to find a cleaner beach. Mr. Carper stated next year when they redo the bid specs, he will be looking at all the specs in this area to modify them, but this is an extension of the current bid specs that the contractor has bid under. Commissioner Daugherty asked if we check to see if the beach is raked once a week per the agreement. Mr. Carper stated he knows of two times in the last quarter that it was not raked due to mechanical failure, but other than that it is raked once a week, generally on Thursdays. Mayor Borno stated he can attest to that also and it is getting done. Discussion ensued. Motion: Extend the contract for one year at the current prices. Moved by Daugherty, Seconded by Mark Votes: Aye: 5 - Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED September 24, 2012 REGULAR COMMISSION MEETING Page 9 D. Contracts with Organizations Providing Recreation Programs at City Facilities. Timmy Johnson explained the four contracts that are up for renewal, stating they will expire at the end of the month. Discussion ensued regarding the tennis instructor's contract and the fact that there is now another instructor who wants to be considered. Mr. Johnson's recommendation was to go with the established program. Commissioner Daugherty suggested moving the tennis lessons to Donner Park. Mr. Johnson stated there are only two courts at Donner and lessons would tie up the courts. Discussion ensued. Motion: Authorize the City Manager to sign the attached contracts with ABAA, ABET, yo instructor Linda White. Moved by Daugherty, Seconded by Woods Discussion ensued. Commissioner Mark stated these contracts are set to begin October 1. She asked Mr. Johnson how much opportunity he has had to look into the Michael Grant Tennis Academy. Mr. Johnson stated he has called for references and they come highly recommended. Commissioner Mark stated she does not believe it is fair to hold up Mr. Catalan's contract. She stated Mr. Catalan has been here several years now and has a clientele and classes and leagues that are expecting him to be able to continue his instruction. She believes it is more fair to talk to Michael Grant Tennis Academy to see what they would be willing to work out with Mr. Catalan and in utilizing Donner Park. She stated she would not support this motion. Mayor Borno stated they will deal with the tennis with a separate motion. Commissioner Mark stated she just wanted to be clear then that was still open for discussion. Mayor Borno stated yes, there are some issues to be ironed out. Votes: Aye: 5 - Beckenbach, Daugherty, Mark, Woods, Borno Nay: 0 MOTION CARRIED Mayor Borno recommended cutting the tennis contract to two courts instead of the current three. Brecht Catalan, 2102 1 St Street, stated he disagrees with comments about the courts being used by the programs. He stated even though he is assigned 4, 5, and 6 he will give a court up if he sees people using them. He explained his program and his pro bono work in Atlantic Beach. He stated he would prefer to keep 4, 5 and 6 and not be limited to two courts. Commissioner Woods stated she would like to allow the Grants to set up shop at Donner since they only need one court. She would like to use both of the skills and opportunities that both of these coaches are presenting to us and not set up a competition and let them both flourish and serve the community. Discussion ensued. Motion: Authorize the City Manager to sign the attached contract for tennis professional Brecht Catalan. Moved by Woods, Seconded by Mark September 24 2012 REGULAR COMMISSION MEETING Page 10 Votes: Aye: 4 - Beckenbach, Mark, Woods, Borno Nay: 1 -Daugherty MOTION CARRIED City Attorney Jensen asked Mr. Johnson if he has received an application for a rental contract from Mr. Grant. Mr. Johnson stated he did not but he has received a proposal. It was the consensus to direct staff to bring back a contract at the next meeting for the Grants to hold their instruction at Donner. 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. Erika Hall summarized her staff report, showing a slide explaining the comparisons of the notice requirements. She answered questions from the Commission. Discussion ensued regarding changes suggested by Commissioner Woods to change the posted and mailed time for the notice from 7 to 14 days to owners within 500 feet instead of 300 feet. It was the consensus of the Commission to direct staff to make the suggested changes to increase the notification to owners from 300 feet to 500 feet and adjust dates required for the mailed notice and bring back in ordinance form for first reading at the next Commission meeting. Ms. Hall asked City Attorney Jensen, since this is a substantial change, do they need to take it back to the Community Development Board to review again. Mr. Jensen stated he doesn't believe moving from 7 days to 14 days would be a substantial change. He stated it has to go through first and second reading and public hearing as an ordinance anyway. 9. City Manager A. City Manager's Report. Mr. Hanson reported the Recreation Department is hosting a 10 and under Tennis Festival Fun Day in conjunction with a 2012 Worldwide Day of Play at Russell park October 6 from 1 -3 pm. He stated there will be three teams of kids 10 and under from Atlantic Beach; one from Donner Park area, one from Selva Marina area and one from the Russell Park area. He stated it is sponsored by the U.S. Tennis Association and the press announcement is attached to the agenda. 10. Reports and /or requests from City Commissioners and City Attorney A. Discussion on Video Recording of Public Meetings. Commissioner Woods stated this has been discussed in the past and she is looking for consensus to direct staff to again look into videotaping the meetings. She stated she believes prices have come down and technology has improved since it was last considered and she believes it is time to get on board. She stated September 24, 2012 REGULAR COMMISSION MEETING Page 11 some companies offer package deals so they include promotional videos to put on your website to encourage people to visit your town or move here, etc. Mayor Borno stated he asked the City Manager to give him a report on the hits on our audio recordings and since July 1, there have been 23 visitations to the audio recordings. He stated it is not getting a high degree of usage. Commissioner Woods stated the audio is so different and so unuser- friendly compared to what the video streaming is. She believes this would be a huge improvement over that program. Commissioner Daugherty stated he is not in favor of videotaping. He stated he has not heard any demand from the citizens asking for this and until they do he does not want to have staff spend any more time researching this. Commissioner Mark suggested they wait until they do their visioning program and it can be brought up at that point. She stated she would hesitate to go through the time of having staff research this and it not be used. Commissioner Beckenbach stated he was in favor of videotaping but agreed the timing may not be right now. He stated when they go through the visioning process they can bring it forward to find out how many citizens are interested in videotaping the meetings. Commissioner Woods reiterated why she believes it is a good time to do this. Commissioner Beckenbach suggested using a citizen task force to do this to alleviate using staff time. He asked, if there were citizens who would be willing to bring forward the costs, would that be of interest to the Commission? Discussion ensued. It was the consensus for Commissioner Woods to see if there are citizens willing to research the cost and prepare a presentation and then put this on an agenda as an action item. B. Report from City Attorney on options for approval of minutes. City Attorney Jensen stated there is no procedure set forth in our Ordinance or Charter on how to approve minutes of the various meetings. He stated there have been concerns recently because of meetings with one, two or three Commissioners, sometimes in other places, and it has been a problem for Donna and Nancy in preparing the minutes and who has to vote on them, who signs them, etc. He stated the procedures in Roberts Rules of Order is what he has attached to his report as another option for the Commission to consider in approving minutes which greatly simplifies things. He stated the Ordinance already includes a provision that Roberts Rules of Order applies in parliamentary procedure so if they choose to start approving minutes in that fashion he does not believe it necessary to change any Ordinances, they can just adopt it as a policy of this Commission going forward. Mayor Borno stated they could put them on the agenda as minutes to be approved, get a motion and a second to approve as submitted and move on. City Attorney Jensen stated that is one way to do it, but this way does not require a vote, motion or second. Commissioner Woods asked if we have to choose one or the other. City Attorney Jensen stated no, they can continue doing it the way they have been doing it. Commissioner Woods clarified that it would be up to the Mayor's discretion which way he wanted to have the minutes approved. City Attorney Jensen stated he thought they all should agree on the procedure for the way they want to do them. Mr. Hanson stated what Mr. Jensen just proposed was that they don't have to vote, the Mayor would just start the meeting saying we have minutes here does anyone have a correction and then they are approved as corrected without a vote. He stated what Mr. Jensen is saying is that Roberts Rules will let you basically accept corrections and then they are approved without a vote. The September 24, 2012 REGULAR COMMISSION MEETING Page 12 Commission agreed to do this. Mayor Borno stated he will ask for corrections and if there are no corrections they will stand as submitted. C. Presentation of Information pertaining to Selva Marina Country Club. Commissioner Beckenbach thanked Hank Brigman, stating that was an excellent presentation. He stated he did that as just an involved citizen and he has no reason except that he is interested in the City itself. He further stated what Kirk Hansen read was what was sent over by the president of the Selva Marina Board and it emphasized such actions must be approved by the affirmative vote of 66 2/3% of the total number of shares of the corporation outstanding at the time of the vote. He stated if the City gives a proposal to the board and the board feels it is a viable option they would have to have 66 2/3% of the shares agree with it. He further discussed the letter and the options that could happen at Selva Marina Country Club. He stated he believes this is an opportunity that only comes once in a lifetime and we are looking at an opportunity to make a proposal to the board for 167 acres in the center of the City and not have development. He stated with development we will have much more traffic on our roads. He believes we should make a recommendation to that board in which we would recommend buying it and run it as a golf course, with tennis courts and pool, making it appealing to the board and shareholders, as well. He stated Mr. Hanson has said they need to make sure they check out the financial situation to assure it is a viable option so it will not be a burden to the citizens. He stated he has met with Hampton Golf in order to find out what the viability of this particular location is and was told they were willing, pro bono, to work with the City to give us the information showing it is a viable alternative. He stated his recommendation is to have Commissioner Mark, Hank Brigman, and City Manager Hanson meet with Hampton Golf to see whether it is viable or not. Discussion ensued. Mr. Brigman answered questions from the Commission. City Manager Hanson stated if they want to listen to the opinion of Hampton Golf on the feasibility, that would be fine, but he believes that would fall far short of the level of due diligence that the City would need to do to determine what the real numbers are. He stated Hampton Golf is not unbiased as it was presented to them that if the City were to buy it they would want to run it. He stated they may have some good information, but clearly they have a bias. He stated this is more than the City could pay out of pocket; they would have to borrow money to do this. He stated this is very serious and could affect the City's finances for a long time to come and he would question if any serious banker would consider talking with us if we did not have an independent feasibility study. He stated this is typically what's done if you are serious about looking at a golf course operation. He stated there are plenty of consultants that are totally independent that do that. He stated it is not a short process. He reiterated it is fine to talk with Hampton Golf about their opinion but he believes we are going down the wrong road if they believe once they get their opinion that is significant to decide upon making an offer. He stated there are also some State regulations about municipal purchase of large amounts of property and it would take various appraisals, etc. He stated this is a major project and will crowd out a lot of other strategic issues that they have put on the agenda and although it may be appropriate, the downside, as pointed out by Mr. Brigman, could be very serious. He stated he would not disagree with the Commission moving that up the priority list rather dramatically and staff can take that on, but they are stressed due to manpower. He stated he wants them to understand that this is a lot more serious project than just to say let's go get somebody to do this pro bono and tell us if it's a good idea or not. He stated that is not going to cut it, certainly not if they are literally gambling the City's financial future on this effort. He stated this is a major purchase the City would be involved in. He stated if they are going to do it, let's do it right. Mayor Borno agreed, stating he believes it is premature right now, and would be an embarrassment if they even contemplated doing that right now without the information being correct and knowing what they are doing. He also expressed concern about what impact this would have to the potential offers they have on the table. Commissioner Beckenbach stated if you look at the other options on the table, they are going to need September 24, 2012 REGULAR COMMISSION MEETING Page 13 to sell assets and a number of the proposals take away property from the golf course reducing the size of the golf course considerably. He further stated the development of that property is not as beneficial for the City of Atlantic Beach as having 167 acres of land that is more of a park -like setting. He stated he understands what they are saying but he would like to go ahead and see if they can move this forward. He stated if they need to get a particular consultant then he believes they should do it now so they can find out if it's financially worthwhile. Discussion ensued. Mr. Hanson stated the Country Club's main focus is to try to keep it viable as a country club but whether or not that is possible we don't know. He stated if that becomes not viable he believes they would be working with the City to try to take it over and keep it as green space. He heard them say their main focus is consistent with their charter, which is keeping it as a country club and, therefore, not selling it to Atlantic Beach at this point. Commissioner Daugherty stated in dealing with property owners who have gone through foreclosures, etc., that process takes years and it will not happen in 100 days. Commissioner Beckenbach stated in 100 days the note is due; it was due September 30 and the bank extended it until the I of January. He stated it is his understanding there will have to be a decision made by that time in order for them to pay the note down. Commissioner Woods stated Selva Marina wants to be a country club but they are not going to be able to be the country club that they have always been due to the economy. She stated we are not able to make any proposal until we get information. She stated they haven't asked Commissioner Mark yet if she is willing to take on this responsibility but agrees with Commissioner Beckenbach that she is the right choice because she has maintained her neutrality and hopefully she will be able to ask the hard questions. She stated Commissioner Mark is a very serious, in depth thinker whom she believes is the right person to do this job. She believes they would be remiss in their responsibilities if they don't follow the process through and take a serious look at it so when the time comes, if it is appropriate for the City to take action, they would be able to do it. She stated whether or not they are in favor of this, they can't possibly know until they get the facts. Commissioner Mark thanked them for their vote of confidence. She stated she believes the first prudent step in the process is that we definitely need to have a presence at the table. She stated we are a major stakeholder in this. She believes we need to be sensitive to Selva and the members of the club and does not want to be the government trying to take over private property. She stated we need to hear from the citizens whether they are willing to take this leap with us if this is something they find is good and they want to do. She stated she is more than happy to be the representative for the Commission and believes we need to have staff, either the City Manager or City Attorney, who know the workings of the City. She stated they need to do their due diligence and are careful how they approach this. Mayor Bomo stated if everyone is in consensus that they need to be at the table, the only way he sees to approach it is that they need to do a feasibility study. Motion: Authorize an RFP to find a company to do a feasibility study Moved by Borno, Seconded by Daugherty City Attorney Jensen asked if it was a feasibility study to see what they are asking, what kind of money is involved and can we afford it? He asked what is it for? Mayor Borno stated it is to be able to find out the value of it, etc. Mr. Jensen stated they have an appraisal. Mitch Reeves, who was in the audience, stated the last appraisal was for $12,000,000. Mr. Jensen stated they need to put that out in the public and identify whether they have the money to do that. September 24. 2012 REGULAR COMMISSION MEETING Page 14 City Manager Hansen stated being at the table is something the City needs to be, regardless of whether we would go ahead with the feasibility study or not. He stated we have a lot of interest in this; annexation, height and its affect on the community, traffic interest, irrigation, etc. He stated regardless of whether we move ahead with a feasibility study, we need to be at the table while the country club is discussing this. A feasibility study would look at the capital cost of acquiring this property then get an idea of the revenues the City could expect to receive by running a public golf course, swimming pool and tennis courts and what the expenses would be so they could get a full business case put out. He stated if they want to move ahead with that, a sensible next step would be to ask staff to get some numbers on what the cost and time would be to get that done. He stated staff could speak with some of the consultants and engineers who have done that in the past and get an idea of the timefiame and cost for moving ahead with a feasibility study and report back to the Commission at the next meeting. He stated regardless of which way they go, he believes Commissioner Mark has a good point that they need to try to be at the table with the country club board now to see if there is a solution that can bring a positive outcome for the City overall. Discussion ensued. Mayor Borno withdrew his motion, Commissioner Daugherty withdrew his second. Further discussion ensued. Commissioner Mark asked Mitch Reeves to speak. Mr. Reeves explained he was on the board during the 66 2/3 votes to get the property changed and they were two weeks away and didn't have it and they wanted to shut it down. He stated it is not easy to get because they don't even know who some of the shareholders are and they count as a vote. He pointed out it is not 66% of the people who vote, it is 66% of the shareholders. He stated regarding Hampton, he was one of the ones who wondered why Hampton came on board and he was not for that. He stated if the citizens of Atlantic Beach, Neptune Beach and Jacksonville Beach will not support the country club you don't have a country club. He stated his focus would be on how to save the land as a preservation, not buying the club. Commissioner Woods stated since they have had difficulty with the 66 2/3% vote they have sold more shares and have made a point to sell it to people they know exist, so reaching that level will hopefully be easier but what the vote will be she has no idea. Discussion ensued. Motion: Have Commissioner Mark, City Manager Hanson and Hank Brigman meet with Ha mpton Golf to discuss viability of Selva Marina Country Club and possible purchase. Moved by Beckenbach, seconded by Woods Discussion ensued. Commissioner Mark stated she would just like to get a consensus to authorize City Manager Hanson, Hank Brigman and herself to represent the City at the table with the Selva Board to discuss what is going on at this point with Selva Marina and what the options are and then assess where the City can be in those negotiations and report back. She stated she believes to get a feasibility study, starting with Hampton, is a little premature at this point. Commissioner Daugherty asked to call the vote. Commissioner Woods stated, almost. She stated she would like them to start the process and keep the Commission up to date and have Mr. Hanson also moving forward with the options for the feasibility study because time is an issue. Commissioner Mark stated if the board comes back and says we are going to keep it as a private country club there is not really too much they are going to be able to do about it. She stated the City cannot force their hand unless they condemn the property. Discussion ensued. Commissioner Daugherty asked again, can we vote? Commissioner Mark stated the conversation should really take place with the board as well. The board is the party of interest here. September 24 2012 REGULAR COMMISSION MEETING Page 15 City Manager Hanson stated the motion was to meet with Hampton, which doesn't preclude the City from meeting with the board separately. He clarified that Commissioner Beckenbach's motion was that the three of them would sit down with Hampton and see what they have to say, so they might do both. Mayor Borno stated the thing that is sticking with him is the motion saying for consideration of purchase. Commissioner Beckenbach stated he understands and referred to the letter from the board stating they need 66 2/3% in order to get anything done. He stated although they would love to be Selva Marina Country Club and not have anybody purchase assets, the reality of the situation is, unless they have a donor that is going to give them $4 million, there is no way this is going to occur. He stated what he is proposing is that they look at that in a realistic sense and make a reasonable offer. He stated we have to at least know from Hampton if this is a feasible situation as far as running a country club, etc. Discussion ensued. City Attorney Jensen left the meeting at 10:14 p.m.; he returned at 10:16 p.m. Commissioner Beckenbach withdrew his motion, Commissioner Woods withdrew her second. It was the consensus of the Commission to authorize Commissioner Mark, City Manager Hanson and Hanle Brigman to represent the City at the table to enter into discussions with the Selva Board, with Hampton Golf and any other entity that can shed light and give insight and move forward toward seeing if the City can make a viable win/win approach to Selva. Mayor Borno stated they will get that going and then staff will give us the estimated parameters and time frame for a feasibility study at the next meeting. Commissioner Daugherty stated he still believes it should be the Mayor and that they are usurping his authority. Mayor Borno stated he has no problem with it being the Mayor Pro Tern as he has enough on his plate, but he appreciates the thought. Commissioner Daugherty • Has received several text messages from people in the audience and knows other people have also. He stated he does not believe it is right for Commissioners to be communicating with people in the audience during Commission meetings and would like to see them adopt a rule for them not to use cell phones while they are at the dais. He stated while he appreciates the input he does not believe it is appropriate for people to be texting back and forth. Mayor Borno asked if that is a request or something he wants put into a rule. Commissioner Daugherty stated he would like to get the Commission's opinion on whether they should make that a rule or not. Commissioner Woods stated she did not think so. Mayor Borno stated he believes it is distracting having them up here and does not believe they should be on. Commissioner Daugherty stated if they want to make it a rule that is fine. Commissioner Woods • Stated she thought Mitch Reeves' comment about sour milk was a great analogy and she is going to use it to say that to have the committee at the workshop rehashing all that stuff would be going into the refrigerator and grabbing the sour milk. She stated they decided when they wanted to do the workshop that they were going to take a fresh look with new information and she hopes the Commission would stick to that. She stated it is beating a dead horse looking at that same solution over and over again. Mayor Borno • Asked if the Commissioners received the electronic Florida League of Cities information on Amendment 4. He asked for consensus to consider using their format for a resolution to act on at the September 24, 2012 REGULAR COMMISSION MEETING Page 16 next meeting and forward it to the Florida League of Cities. It was the consensus of the Commission to put the resolution on the next meeting agenda. Reported he has completed the performance evaluations for the City Manager, City Attorney and City Clerk for this year, which he has done every year he has been in office. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 10:26 p.m. ATTEST: Mike Borno Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk Minutes of the Commission Briefing September 21, 2012 Present: City Commissioners Mark Beckenbach and Carolyn Woods, City Manager Jim Hanson, Beaches Leader Reporter Alexi Strong and four citizens. The meeting was called to order in the North Conference Room at 4:05 pm. Subjects discussed included several items on the Agenda for the upcoming Commission meeting on September 24 "' and other items as follows: 1) Budget approval and request to consider videotaping 2) Donation of property by the River Branch Foundation 3) Non - Benefit Insurance 4) Beach Cleaning Contract Renewal; deferred from last meeting 5) Contracts with organizations providing recreational services 6) Public notice requirements for land development regulations 7) Videotaping of commission meetings (put on agenda by Commissioner Woods) 8) Country Club (put on agenda by Commissioner Beckenbach) 9) Complaints about dangerous dogs on Magnolia Street 10) Tipping Fee Status 11) Meeting times for Town Hall and workshop meetings being scheduled The meeting was adjourned at 5:17 pm. Jim Hanson, City Manager MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN ADELE GRADE CULTURAL CENTER ON AUGUST 21, 2012 AT 5:00 PM. City Commission Members present: Mike Borno, Mayor Maria Mark, Mayor Pro Tem Mark Beckenbach, Commissioner Jonathan Daugherty, Commissioner Carolyn Woods, Commissioner Staff present: Jim Hanson, City Manager Nelson Van Liere, Finance Director Donna Kaluzniak, Public Utilities Director Rick Carper, Public Works Director Keith Randich, IT Manager Tim Gilboy, Deputy Public Works Director Donna L. Bartle, City Clerk The meeting was called to order at 5:08 p.m. by Mayor Borno. Mayor Borno explained the purpose of the budget workshops and the process and timelines for adopting the budget. Commissioner Beckenbach asked if citizens could speak for three (3) minutes at the end of the meeting. Mayor Borno agreed to consider it depending on the time it takes to finish the agenda items. Budget Overview (Handout: Budget Overview) City Manager Jim Hanson explained the workshop schedule and the items to be discussed at each meeting. He gave an overview of the budget, explaining the need to understand the long- term economic downturn cities have been facing for a number of years; taxes and other general fund revenues are down; utility sales volumes are declining; pension costs are rising; and health care costs are rising. He explained the total revenues and expenses are down from the current year reporting revenues at $27.4 million: down fiom $34.3 million and expenses at $25.3 million: down from $31.0 million. He stated the greatest piece of the difference in both revenues and expenses is from the TMDL Project. He reported the personnel count will be down by four employees from the current year's budget. He explained the philosophy and benefits of conservative, long -term budgeting. He referred to the chart titled Atlantic Beach Fund Balance as he explained the three (3) types of funds, their balances, the various items that the funds are used for, and their restrictions. He believes the City has very strong balances and is in good shape. He referred to the charts titled City of Atlantic Beach Pension Contribution and City of Atlantic Beach Pension Payroll as he explained the history of the pension over the last eleven (11) years. He reported the reductions in the expenditure budget from the last five (5) years include: personnel, overtime in various departments, training in all departments, employee raises /merit program, Employee Bonus Program; document imaging program stopped (only done in -house Minutes — City Commission Workshop August 21, 2012 Page 2 now); fireworks share to Jacksonville Beach; logo shirts for non - uniformed employees; police motorcycle lease; vehicle replacements; sidewalk repair budget; expenses for Police Explorer Program; ped path expansions; new sidewalks, etc. He reported the items that are not in the proposed budget and distributed a list of discretionary projects for consideration. He explained the two rate increases that are being proposed include a property tax partial roll -up of 1.8% or $72,000 and a sanitation rate up 3.2% or $55,000; the rates remaining level are water and sewer, stormwater, franchise fees /taxes, building permit /inspection/plan review fees and communication service taxes; and the State revenues (sales tax, gas tax, revenue sharing) rates are not set locally. Public Works (Handout: Public Works Budget FY 2012 -2013) Public Works Director Carper stated that Public Works Administration, Streets, Fleet Maintenance, Parks Maintenance and Beautification, Sanitation and Stormwater make up his budget. He referred to the Public Works manpower chart as he explained the department's organizational chart. He explained the roles of the various divisions and of the contracted services. He reported on the following Parks projects: Veteran's Memorial Park, Tideview Canoe/ Kayak Launch and ICW Parks Master Plan Study and answered questions from the Commission. He pointed out that the Convention Development Fund (Bed Tax) is a source that can be used for some of the projects. He referred to the charts titled Marsh Master Plan Long Range Capital Plan as he explained the costs and funding for the various projects. He indicated that many of the projects in the plan will qualify for FIND grants, but other funding sources will be pursued. Mr. Carper, Mr. Hanson and Mr. Gilboy answered questions from the Commission. Mr. Carper showed a drawing of the conceptual plan for the Rose Park Expansion as he and Commissioner Daugherty explained and answered questions on the proposed project and the costs involved. He explained Stormwater Utility by reporting the history of Capital Improvement Projects, the completion of the Stormwater Master Plan Update, the Capital Improvement Plan, the Stormwater Long -Range Plan, maintenance issues, and the proposed budget. Mr. Carper and Mr. Hanson answered questions from the Commission. Mr. Hanson referred to page 113 which is a chart titled Stormwater Utility and page 112 titled Long Term Financial Plan Financial Projection Summary as he explained details of the Stormwater Utility Fund including amounts for Personnel Services, Operating Expenses, Capital Outlay, Debt Services, Transfers and Revenues and answered questions from the Commission. Commissioner Daugherty reported he is proposing to increase the storrnwater rates by $1.50 per month and explained the reasons for the proposed increase. Discussion ensued. Commissioner Daugherty indicated he would like to continue explaining the proposed increase later in the meeting. Minutes — City Commission Workshop Page 3 (Break at 7:25 pm to 7:33 pm) August 21, 2012 Mr. Hanson explained the Sanitation Fund and reported and answered questions on the Landfill Tipping Fee Estimates. He referred to and explained the chart on page 111 titled Sanitation Fund which shows amounts for Personnel Services, Operating Expenses, Capital Outlay, Debt Services, Transfers and Revenues. Commissioner Daugherty stated that in two years the City's contract with Advanced Disposal comes up and, since there are options to consider, believes the discussions should start now and direction should be given to the City Manager as to what we think should happen. Discussion ensued. Mr. Carper explained the Resurfacing Program is a major use of our Gas Tax Fund and this year's budget proposal has $300,000 for resurfacing. He reported the inspections have been completed and the Overall Condition Index (OCI) for the entire city is 73.6 (Very Good), but is down by a point from last year. He indicated that 1 segment was poor and 121 were excellent and there is a total of 294 (public only). He explained that each year he drives every street in the city and gives them a grade. He referred to the map showing the City Street Resurfacing History Since 2005 as he explained the history. He indicated that if the funding stays relatively the same each year, it will take at least 35 years to resurface every street in the City. He answered questions fiom the Commission. Mr. Hanson referred to the Gas Tax Fund chart on page 109 and explained the Operating Expenses, Capital Outlay, Transfers and Revenues. Mr. Carper gave a brief overview of the history of the Community Development Block Grant (CDBG) and the Tree Fund and he and Mr. Hanson answered questions from the Commission. Commissioner Daugherty distributed and explained his proposal (which is made part of this record as Attachment A). Enterprise/IT Application (Handout: Enterprise Application) Mr. Hanson indicated there is a project that was budgeted in the current year to upgrade our software, but with further research, we don't feel like we should do what we budgeted for. It was determined that about $20,000 remains in the current budget. He asked IT Manager Randich to explain the new proposal. Mr. Randich referred to the handout as he explained the current SunGard HTE application, new system requirements, new system advantages, and issues with moving to a new application at this time. He suggested the project be done in three phases and explained the cost for each phase. The project proposal includes the following: 1) Delay the start of the conversion one year to allow for funding situation to improve and to allow time for "One Solution" product to be completed and successfully installed by other cities, 2) Move the current application to SunGard's data center to avoid the expense of buying a new computer at $50,000 and to utilize SunGard's staff to perform support tasks including data backups and system upgrades and 3) Add the Code Enforcement module to our existing system which would cost $10,000 plus training estimated at $5,000 to $10,000. Discussion ensued. There was a consensus from the Commission to move forward with the pro posed plan and add $20,000 to the proposed budget for the Code Enforcement mod ule. Minutes — City Commission Workshop Page 4 August 21, 2012 There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 9:06 p.m. Mike Borno Mayor Donna L. Bartle, CMC City Clerk ATTACHMENT A Proposed Budget Amendments; Commissioner Daugherty August 21, 2012 Fund Change Amount Fund Unrestricted Balance 9/30/13 Half Cent Sales Tax Proposed Budget $341,133 Expenses Reduce transfer to Stormwater $68,000 Rose Park; part not covered by CBDG (see below) - $75,000 Add sidewalk on W. 9th St. - $35,000 Balance after changes $299,133 Stormwater Fund $748,736 Proposed Budget Revenues Increase monthly fee $1.50 $150,000 Reduce transfer from Gas Tax - $82,000 Reduce transfer from Sales Tax - $68,000 Balance after changes $748,736 Gas Tax Fund Proposed Budget $5,261 Revenues Expenses Reduce transfer to Stormwater $82,000 Add Dutton Isle sidewalk project - $79,000 Mayport Rd. crossings - $100,000 Reduce resurfacing budget $100,000 Balance after changes $8,261 CDBG * Expenditures Eliminate Dutton Rd. sidewalk and septic conversion projects and put $ to Rose Park $0 MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBER, ON AUGUST 28, 2012 AT 5:00 PM. City Commission Members present: Mike Borno, Mayor Maria Mark, Mayor Pro Tem Mark Beckenbach, Commissioner Jonathan Daugherty, Commissioner Carolyn Woods, Commissioner Staff present: Jim Hanson, City Manager Nelson Van Liere, Finance Director Donna Kaluzniak, Public Utilities Director Rick Caiper, Public Works Director Tim Gilboy, Deputy Public Works Director Sue Danhauser, Human Resource Director Mike Griffin, Building and Zoning Director Keith Randich, IT Manager Donna L. Bartle, City Cleric The meeting was called to order at 5:02 p.m. by Mayor Borno. Mayor Borno explained the process. City Manager Hanson explained the agenda items to be discussed tonight. Utilities (Handout: FY2013 Public Utilities Budzet Public Utilities Director Donna Kaluzniak referred to the handout as she reported on the Current FY Project Status on the 11 Street Water Main Replacement, Water Main Replacement on 12 Street, Ocean Boulevard & 15 Street, Sewer Rehabilitation, and TMDL WWTP #1 Upgrades with Sludge & Odor Control. She reported the TMDL Project Summary and showed photos of equipment as she explained the efficiency and benefits of each. She and Mr. Hanson answered questions from the Commission. She explained the TMDL Construction Cost Savings which includes SJRWMD Grant of $1,000,000, other funding with State Revolving Fund Loan with much lower interest rates, excellent construction prices due to bidding while the market was right, and major equipment procurement process that resulted in excellent pricing for equipment (Approx. $600K savings). She also explained the TMDL Operational Cost Savings includes consolidating treatment plants results in more efficient operations and cost savings; new equipment is much more efficient, resulting in electrical savings; and new sludge treatment process will result in major savings in tipping fees if implemented by City of Jacksonville (COJ). She explained the Operations Budget Reductions from TMDL Project which totaled $337,600, including electrical savings at WWTP #1 and #2, personnel, contractual services savings at WWTP #2, City utilities, regulatory fees and operating supplies. She explained the Cost Savings for Sludge Disposal, which includes the Sludge Treatment project, will reduce trips to landfill and tipping fees (if required by COJ) and new nitrogen removal process will double sludge production, but new dewatering method will lower amount hauled back to present level. Minutes — City Commission Budget Workshop August 28, 2012 Page 2 She explained the estimated landfill costs for sludge (if tipping fees are required) noting that sludge disposal costs would be approximately double without the sludge treatment improvements currently being constructed ,which is an annual savings of about $130,000. She explained Public Utilities Operations which includes working towards optimum efficiency with minimal staff and use of contractors; keeping salary /benefit costs lower with a few good men and women; and utilizing expertise of specialized contractors, noting that contractors are part of the Public Utilities team. She explained that contractors are expected to provide excellent service, most contractors are required to be available for emergencies 24/7, and they help City staff meet regulatory requirements. She gave an overview of what staff does and what contractors do as she referred to the slides called Public Utilities Staff & Contractors — Water and Public Utilities Staff & Contractors - Sewer. She also explained the Public Utilities Organizational Charts for the staff and contractors. She explained Water Loss Reduction by noting the purchase of leak detection equipment, enhanced meter replacement project and large meter testing. She reported the status of the Water Master Plan and explained future issues. She referred to the maps showing Water Main Replacements since 2001 and Future Water Main Replacements as she explained the history and future needs. Discussion ensued. She explained the Water Capital Items for FYI which includes replacing water main on Pine St. at $ 90,000, replacing water main on Wonderwood at $180,000, elevated tank rehab WP #1 (interior) at $45,000, ground storage tank rehab WP #2 at $20,000 and ground storage tank rehab WP #3 at $40,000. She reported on the Sewer Master Plan Status including continued rehabilitation of gravity sewer system during FY12, emergency replacement of collapsed CI sewer main on Willow Cove Ct. E., televised CI mains and lined with CIPP as needed, and CIPP sewers in Area B (north of core City). She showed maps as she explained the Sanitary Sewer Rehabilitation and the Sewer System Rehabilitation and answered questions from the Commission. She reported the costs on the Sewer Capital Items for FYI which include Replace Sludge Hauling Truck - $140,000, 2 Roll- on/Roll -off Containers - $35,000, Major sewer repair at Donner Rd. - $40,000, Major sewer repair at W. 6 th St. - $55,000, Repairs to effluent force mains - $142,000 and Sewer Rehabilitation - $200,000. Commissioner Daugherty asked about the price of the Hauling Truck being high. Ms. Kaluzniak explained the cost estimate and the need for a new truck. Discussion ensued. Commissioner Daugherty requested a report showing an evaluation and estimate of cost to contract sludge hauling vs. buying a new truck. She explained the Septic to Sewer Program which was implemented by City Commission in 2000 to require connection to sewer system to meet the law, with timing based on existing sewer assessment. She explained the financial assistance options and reported the number of conversions completed and remaining. Discussion ensued. Minutes — City Commission Budget Workshop August 28, 2012 Page 3 (Commissioner Mark left at 6:11 pm and returned at 6:14 pm) General Fund Revenues/Balance (Handout: Utility Sales, Rates and 10 -Year Plan) Mr. Hanson referred to his handout as he explained and answered questions on the charts titled Water Sales Volume 99 -00 to 11 -12, Sewer Sales Volume FY 2000 -FY 2012, Average Monthly Water Customer Usage, and Water and Sewer Utility Bill Comparison August 2012. He explained the 2012 Florida Water Rate Survey which was just released and reported the Monthly Charge Comparison. He showed a chart titled Transfers to General Fund vs Surcharge noting the dark blue bar = the dollars transferred to the General Fund and the green bar = how much the surcharge is. He referred to and explained the chart titled Public Utilities (also page 117 in the proposed budget) which shows the amounts for Personnel Services, Operating Expenses, Debt Services, Transfers, Capital Outlay and Revenue. The Commission asked questions and staff responded. Mr. Hanson explained the State Revolving Fund (SRF) loans reporting that the repayment on the loans doesn't start until FY13, so what has happened is we have collected revenues before we needed them. He explained we have $1.2 million of construction funding that we can borrow from the SRF. He explained the option not to borrow the remaining $1.2 million, or borrow it but pay back some other loans we have at a slightly higher interest rate. He requested concurrence on whether or not to use the $1.2 million to reduce our future debt. He referred to page 116 of the proposed budget as he answered questions on the long -term financial projections. Discussion ensued. Mayor Borno requested a scaled chart be provided that would show the various concepts discussed. The Commission agreed to see the options scheduled out before making any decisions. Further discussion ensued. Mr. Van Liere confirmed that he will prepare a schedule. (Break at 6:55 pm to 7:05 pm) Revenue and Tax Information (Handout: FY 2013 Budget Workshop Revenue and Tax Information) Finance Director Nelson Van Liere referred to the handout and pages 4 & 5 in the proposed budget as he reported the percentages of the Total 2013 General Fund Revenues and explained the various funds including Ad Valorem Taxes, Licenses and Permits, Intergovernmental, Interfund Transfers, Fines and Forfeitures, Charges for Services, Miscellaneous, Utility, Communications and Business Taxes. Mr. Van Liere answered questions from the Commission. He referred to the charts in the handout and explained the Total General Fund Revenues by Type with Total Expenses, Ad Valorem Assessment Rolls, Office of the Property Appraiser Final 2012 Millages, Multi -year Operating Millages and 2012 Total Proposed Millages. He and Mr. Hanson answered questions. Mr. Van Liere pointed out that he does not budget 100% of the millage times the taxable value, but instead does 95.5 %, explaining most people finance their homes and escrow their taxes and if they pay early, get a 4% discount. He stated that the City is required by the TRIM law to budget at least 95 %. He reported that we balanced our budget with the millage rate of 3.3917 which is $72,500 more than if we had just budgeted the current rate; the roll back rate would be 3.4550 and that would give $145,000 more than the current rate; so we picked a rate to balance our budget with about halfway in between. Mr. Van Liere and Mr. Hanson further explained the millage options and answered questions. Minutes — City Commission Budget Workshop August 28, 2012 Page 4 Commissioner Beckenbach referred to page 104 and asked Mr. Van Liere to explain the remaining available cash balances and what they could be used for. Mr. Van Liere explained the amounts shown reflect his projection of the cash balances remaining at the end of next year, if they follow the plan. He further explained the details of the cash balances including what they can be used for. Commissioner Beckenbach asked approximately how much money would be available in order to consider a possible purchase of the Selva Marina Country Club. Mr. Hanson and Mr. Van Liere explained the various funding options. A lengthy discussion ensued. (Commissioner Daugherty left at 8:14 and returned at 8:16) Building Department (Handou Review ofBuilding Department 2012 -13 Budget Building and Zoning Director Mike Griffin referred to the handout noting that it shows activities of the Building Department associated with enforcement of the Florida Building Code related to expenditures and revenue. He explained the Enterprise Fund Concept which includes the following: The Building Department permit fees pay for the activities related to enforcement of the Florida Building Code and, by Florida law, permit fees may only cover building code enforcement activities; Floodplain management, housing code enforcement and zoning code activities are not funded with building permit fee; and the Building Department has been supported by the General Fund related to other non - building code activities. He reported the proposed budget includes anticipated expenses of $265,581 and anticipated revenues of $282,600. He explained the charts titled Construction Value in Atlantic Beach, Building Department Expenditures and Revenues, and Building Department Permits and Inspections which indicates construction seems to be coming back in Atlantic Beach. He explained the Building Department is operating with one Building Official and one Building Inspector /Plan Reviewer and reported the ISO rating for this year is 3 with 1 being the best and 10 being the worst. Human Resources (Handout: Human Resources) Human Resource Director Sue Danhauser explained the first slide titled Pension Payroll Fluctuation Factors noting it is in response to questions raised by Commissioner Daugherty. She and Mr. Van Liere answered questions from the Commission. She referred to the handout and explained that the major budget issues include union negotiations, health insurance, general insurance and employee compensation. She reported the status of union negotiations and explained what was put on the table is as follows: Implement Defined Contribution Plan for General Employees to include all non - vested employees hired on/after 09/01/2008 and all new employees; increase contribution for Police and General Employees in current Defined Benefit Plan; eliminate Personal Leave sell- back program; decrease Personal Leave Accrual; implement maximum leave accrual amount to 480 firs; implement Personal Leave payout at voluntary termination, layoff and retirement to 50% of accrued balance, not to exceed maximum allowed amount; and eliminate Longevity Add Pay. Minutes — City Commission Budget Workshop August 28, 2012 Page 5 She explained that the premium rates and out -of- pocket costs of health insurance continue to increase as she referred to various graphs and charts titled Total Cost per Fiscal Year, City's Annual Cost Per Policy Type, Employee's Annual Cost Per Policy Type, and Out -of- Pocket Expenses. She stated General Insurance, also known as Property & Liability Insurance, includes Property, General Liability /Law Enforcement, Automobile, Crime, Public Officials & Employment Practices, Fiduciary, Police Statutory Death/AD &D and Environmental coverage and Workers Compensation. She explained the factors driving up property insurance rates include a new version of the Catastrophic Probable Loss Model; global catastrophic losses doubled in 2011; and the average municipal coastal property rate increased from 10% - 15 %. She stated the Workers Compensation rates are done by a Mod Factor which is based on payroll, number of losses and the severity of those losses. She reported the Mod Factor for last year was .9 and this year it has gone up to 1.00 noting that the 2012 State rates have risen by an average of 8.9 %. She explained that the renewal rate estimate had come in with an increase of 21.7 %, but today she received good news that the increase will be lower and expects the new estimate tomorrow. She explained compensation issues including pay adjustments, pay compression, Consumer Price Index, inflation, and Social Security Tax. She reported there have not been any pay adjustments given for the last three years and there is no pay increase budgeted for next year either. She explained that in 2010 a bonus of 1.1% of base salary was given and in 2011 employees received a bonus of $556.11. Ms. Danhauser and Mr. Hanson answered questions from the Commission and discussion ensued. Ms. Danhauser reported the Social Security tax cut for all employees is scheduled to expire at the end of 2012. She stated that employees currently pay 4.2% of their income to Social Security and if this tax cut expires, all employees will have to pay 6.2% of their income to Social Security which will lower their take home pay even more. She summarized the situations which are impacting all employees, stating there have been no pay increases for 4 years but there has been an increased cost for medical insurance premiums of approximately 3.0% with increased out -of- pocket expenses (co -pays, deductibles), inflation factor of 7% and a possible Social Security tax increase of 2 %. Mayor Borno opened the floor to citizen comments. Citizen Comments Ray Brown, 522 Clippership Lane, expressed concern about the Workers Compensation Mod Factor and the high cost. He addressed the issue of pay increases in private companies explaining their increases are given as productivity increases and they do more with less. He stated he believes the City is playing games with taxpayers because the City is charging citizens fees that are required, transferring the money in to the General Fund therefore using less taxes, and then bragging about the lower tax rate. He would like the City to explain that to the citizens and indicated he would rather pay a higher tax rate with no fees or lower fees. He explained that in the case of Public Utilities, if they are installing new technologies and it has never been installed before, he would expect not to know what the manning requirements are, but if it has been installed elsewhere, we should have a fair understanding of the exact manning requirements. Minutes — City Commission Budget Workshop August 28, 2012 Page 6 Sally Clemens, 1638 Park Terrace West, commented on Commissioner Daugherty's comment regarding Selva Marina Country Club that the developers can go to them with more money than the City can. She asked whether an official from the City should go to them and ask them since they are Atlantic Beach people. The Mayor answered that he believes, by going to them, it may interfere with them finding a different solution. Mrs. Clemens believes the City should be more aggressive and just ask questions and send someone that has the tact to do that. She believes that we should protect the citizens from the traffic and problems that would be created if a developer goes in there. Nancy Whittington, 1861 Beachside Ct., asked for a clear answer to how much money is available that is not committed in the budget or is available to work with. Mayor Borno explained that there will be information provided at the next meeting. Mr. Hanson referred to the spreadsheet in the back of the budget that was covered earlier in the meeting as he reiterated why some of the fund restrictions make it complicated. Commissioner Woods commented on comments made by the Mayor and explained why she believes it would be beneficial for the City to step up to Selva Marina and express our support. Discussion ensued and Mr. Hanson offered suggestions. It was al4reed to have the City Manager check with Selva Marina Country Club Board to see 1) if they are interested in selling their property to City of Atlantic Beach for use as a city park, 2) if they would make their records available for use by consultants to do a feasibility study, and 3) if there is enough time before the sale of outstanding debt. The Commission asked to have a report ready by the third budget workshop on August 30, 2012. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 9:16 p.m. Mike Borno Mayor Donna L. Bartle City Clerk MINUTES OF THE BUDGET WORKSHOP OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBER, ON AUGUST 30, 2012 A 5:00 PM. City Commission Members present: Mike Bomo, Mayor Maria Marls, Mayor Pro Tem Marls Beckenbach, Commissioner Jonathan Daugherty, Commissioner Carolyn Woods, Commissioner Staff present: Jim Hanson, City Manager Nelson Van Liere, Finance Director Donna Kaluzniak, Public Utilities Director Tim Gilboy, Deputy Finance Director Keith Randich, IT Manager John Phillips, Lifeguard Captain Donna L. Bartle, City Clerk The meeting was called to order at 5:03 p.m. by Mayor Bomo. Mayor Borno explained the process. City Manager Jim Hanson explained the agenda items to be discussed tonight. Police, Fire/Rescue and Lifeguards (Handout: Atlantic Beach Police Department) Police Chief Mike Classey referred to the handout and explained the Police Department personnel is made up of both sworn staff and civilian staff. The FY 2013 budget authorizes 28 officers and they are assigned to divisions such as Patrol, which includes community - oriented policing (COP'S), General Investigations and Crime Suppression Unit. The FY 2013 budget authorizes 15 total civilian staff (3 are part -time) and they are assigned to divisions such as Emergency Dispatch, Records (includes property and evidence), Animal Control, and School Crossing Guards. He explained the Fire/Rescue Services stating our fire services have been provided by the City of Jacksonville Fire and Rescue (JFRD) by contract since 1999. He gave a history of the cost and answered questions from the Commission. He explained the lifeguard season, the amount we receive from the City of Jacksonville and the personnel and operating expenses which will be $198,251. He reported on Pedestrian/Bike Safety which was the Commission's number 3 priority identified in strategic planning. He gave an overview on the preliminary study completed by the Police Department. He indicated there are no funds currently in the budget for engineering review of local roads, police overtime or intersection enhancements. Discussion ensued and he answered questions from the Commission. He reported the JAG grant award totaled $78,440. He explained the Police Special Revenue Funds. He explained that the Police Training Fund is restricted funding from a surcharge on traffic citations dedicated for police training; the fund balance exceeds $120,000; the Regional Training Funds are allocated by JSO for the entire region to host classes at the academy; all training in 2011 -12 was funded by these two restricted accounts; and no General Fund dollars are budgeted in 2012 -13 for police training. He answered questions from the Commission. Minutes — City Commission Workshop August 30, 2012 Page 2 He further explained the Police Special Revenue Funds making the following points on the Radio Communications Fund. He stated they are restricted funds from a surcharge on traffic citations; the funds may be used for radio airtime, laptop airtime, and other related emergency communications expenses; and it makes up 28% of total communications budget of $70,250. Discussion ensued about the services provided by the Emergency Communication Officers, the equipment used in the operation, and the response time, as he answered questions from the Commission. He explained the Forfeiture Funds as seized money and other assets that have been used in the commission of a felony crime. He added that the most common source is from drug cases; revenue is very difficult to predict; and expenditures are very restricted and cannot be used for personnel or other normal operating expenses. Police Building /General Capital Improvements Fund (Handout: Police B uilding Construction Options and Financing) City Manager Jim Hanson explained the status of the Police Building as he referred to the handout. He explained that, after several months of work, the Police Ad Hoc Committee presented the report to the Commission in June and after a lengthy discussion, the decision regarding the New Police Building was made to postpone any action until the Commission had a look at this as part of the budget. He stated an important piece is the affordability, how much the City can afford in terms of financing above what we already have. He proposed that they look over the various options for the Police Building, compare costs with available funds to determine additional funding needed, consider affordability with particular reference to the Half Cent Sales Tax Fund, and provide direction from the Commission. He added that he is not proposing numbers tonight for the City to include something in the budget, stating they have not spent the time to try to chase down every number to the point that he would feel comfortable saying this is what you need to budget. He stated the point of this discussion was to give a general set of numbers and for the Commission to look at the question of affordability and give some input as to the direction they would like to go. City Manager Hanson thoroughly explained the five options to consider which include Option 1: 14,000 s.f. next to City Hall; Option 2: Police Building Ad Hoc Committee Recommendations; Option 3: Expand/Remodel Existing Station; Option 4: Mayport Rd. Site 14,000 s.f.; and Option 5: Mayport Rd. Site 10,000 s.f. He answered questions from the Commission. Discussion ensued regarding the various options with particular attention to the square footage needed, the affordability and the location. Mr. Hanson referred to the 10 -year plan for the Half Cent Sales Tax chart (page 115 in the proposed budget) as he explained the fund amounts and what these funds can be used for which includes capital costs, but no operating expenses or property costs. He gave an overview of the additional funding needed and the annual P & I for each option and reported the funding available from the Half Cent Sales Tax Fund ranges from $200,746 to $528,010 /year. He then asked the Commission to discuss the options and give guidance. Minutes — City Commission Workshop August 30, 2012 Page 3 Commissioner Beckenbach shared comments that he has heard from citizens regarding the funding as he explained why the City should consider just using the $2.6 million it already has. Commissioner Daugherty asked that they get down to the needs list. He suggested building the new Police Building between the Chamber and the current Police Building and agreed with Commissioner Beckenbach on only spending the $2.6 million. He stated that the Commission needs to make a decision soon. Mayor Borno explained he believes everyone agrees that something needs to be done for the Police Station but we cannot agree right now as to what it will look like, where it is going to be and what it will cost. He stated we know that we have a responsibility to do something and we are trying to figure out what that something is. He reminded the Commission of the process so far which included the workshop, citizen involvement, the citizen committee and the committee recommendation. He stated we need to make a decision and asked why we went through the process that was requested and then threw it out. He reiterated the need for a decision soon but stated tonight we need to come up with the path to go down. Commissioner Woods stated we need to have a Workshop and the first order of business is to set the policy so that we can set the needs and desires of the building. She explained that until we decide which services we want our police department to give us, we will never be able to decide on what the building should contain to meet these needs and doesn't believe the budget process is the right place to make those decisions. She further explained it is not in the budget, we need to leave it there, leave the discussion until we get to the workshop, start at the beginning and decide what services we want our police department to give us and then design the Police Building based on that. Commissioner Beckenbach stated he did walls through the building and considers it to be relatively small, but believes the Police are doing an exceptional job in the facility and wonders whether we really need to have a police building now noting we have the lowest crime rate in the entire beaches area. He shared comments he's heard from citizens and reported he has not heard any of them say they need a new police building. He believes the reason this project has gone on forever is because there has not been any one group of Commissioners say that's the thing that we really have to do today. Discussion ensued about the history of the project. Commissioner Mark stated she believes the Commission needs to make two decisions. She asked if everyone agrees that the Police do need some solution to their needs. The Commission did agree. She believes the two options that the Commission is looking at are 1) do something to the existing building, on that side only, so there is no encroachment on the park space, or 2) look at Mayport Road. She agreed with Commissioner Woods that we need to have formal proposals sent to us for a marketing analysis on Mayport Road on the properties that are viable and will meet the needs if a police building were to be built on that property, and obtain the price. She stated the police building issue has been going on for many years and believes this Commission needs to decide whether or not they want to pursue this subject and take care of it and move on. Minutes — City Commission Workshop August 30, 2012 Page 4 Mayor Borno explained he believes it should be put on the agenda for a vote rather than just coming to a consensus at the budget workshop. He agreed to put something on the agenda for the next commission meeting. Commissioner Woods reiterated her comments regarding the need for the Commission to determine what services the police department should provide.- Discussion ensued and Chief Classey addressed various questions regarding services. (Break at 6:49 pm to 7:00 pm) City Manalzer Follow -up Reports: Mr. Hanson reported on the estimates he received from Mr. Carper for the maintenance cost on the water feature and dog park for Rose Park. The water feature is estimated to require 1 -2 man - hours per day, seven days a week during the summer month, and with adding in the dog park, the total man -hours needed would be 10 -20 hours per week. The estimated cost without counting the truck costs and overhead is around $12 — 25K per year for manpower and benefits. Mr. Hanson pointed out the estimated capital cost of the water feature that was previously reported at $60,000 is not correct; the correct number is $160,000. He reported the cost to contract sludge hauling vs. in- house, noting the cost of in -house is about one -third of the cost to contract it. He explained how the estimates were calculated and stated to contract it would cost just over $157,000 per year and in -house would be about $56,000 per year. Summary of OutstandinIz Debt (Handout: Summary of Outstan Debt) Finance Director Nelson Van Liere referred to his list as he explained the outstanding debt for Pledged Utility Service Taxes on electricity, LP gas and communications and Pledged Water and Sewer Utility Revenues. He and Mr. Hanson answered questions from the Commission. Supplementary list of projects (Handout: List of potential capital p ro j ects for parks) Mr. Hanson explained the list was prepared in response to a question made at one of the last meetings when Rick Carper had made a comment that there were a number of things that people had requested in general for park improvements. He referred to the handout and gave a brief summary of each project including water feature - splash park, bike path segments, Russell Park soccer field, Russell Park baseball shade structures, Russell Park urban (street) skate area, Russell Park playground area lights, Veterans Park restroom/pavilion, additional parking needed at most parks, Rose Park modifications, Donner Park baseball field completion (outfield, fence, batting cage, bullpen), Bull Park Pavilion, Bull Park safety lighting (pathway and west side of Adele Grage Cultural Center), beach access restroom, and tennis court reconstruction (not overlay). City Manager's Report on Discussion regarding Selva Marina Country Club Mr. Hanson reported he had a discussion with the President of the Country Club Board on whether or not they wanted to entertain the City possibly buying the country club. He explained that according to the bylaws it is the Board's responsibility to run the country club, so for them Minutes — City Commission Workshop August 30, 2012 Page 5 to say to us we are interested in selling it would be a violation of the bylaws. Mr. Hanson further reported it was pointed out it takes a two -third vote of the shareholders to sell any amount of property and they have been authorized to sell off thirty -five acres. He indicated he did ask whether they would make their records available, if they where to discuss a possible sale with the City and the answer he was given by the President was that he would ask his Board members, which has not been done yet. Mr. Hanson reported that he has not heard back from him yet, but he is waiting on a call to see if there is an interest in working with the City, but basically for now there is no for sale sign up. He further explained that they are trying to work out a deal with a company to buy some property to get enough money freed up so that they can solve their debt problems and put some money in the renovation of the course. Discussion /Amendments to draft budget by Mayor and Commiss Mr. Hanson indicated it is time to decide on amendments to the draft budget and reminded them that they agreed to add the IT Enterprise application/software in the budget, but other than that Commission Daugherty was the only one to bring up any changes. Commissioner Mark wanted an update on the Robert Street Ditch. Mr. Hanson explained he was asked to check with Neptune Beach to see how they got FDOT funding for their ditch. He reported the status indicating that he spoke to Mr. Jarboe last week who stated he was not there when that was negotiated, but he was going to try to find who would be the best person to meet with. A lengthy discussion ensued about the Robert Street Ditch. Commissioner Woods asked Mr. Hanson to ask City Attorney Jensen to research if there is anything in the FDOT code that would require them to do more, noting it is causing blight in the neighborhood. Mr. Hanson agreed to ask him. Mayor Borno pointed out that James Bennett with FDOT would be a good person to contact also. Further discussion ensued. Consensus: The Commission wants to do somethinL with Robert. Street Ditch, w ha ve staff that will ask a couple of questions and the Mayor will speak to James B ennett in a few weeks. Mayor Borno made suggested adding in $5,000 for beautification at street ends. Consensus: Add $5,000 for beautification at street ends. Mayor Borno asked to transfer $264,000 into the Half Cent Sales Tax, but did not get a consensus. Commissioner Daugherty distributed a handout titled Proposed Budget Amendments by Commissioner Daugherty 8130112 which listed the projects he wants to add or delete from the budget. He suggested funds be added for Rose Park Improvements and showed photos of the splash park at Sunshine Park as an example. He answered questions and reported on the citizen petitions which showed a lot of community support for the project. Commissioner Daugherty showed photos of crosswalks as he explained his proposal to add similar decorative crosswalks on Mayport Road and Atlantic Boulevard and a sidewalk on West 9 th Street. He answered questions. Commissioner Beckenbach suggested using the money that is being requested for Rose Park improvement to put in more sidewalks for the safety of Minutes — City Commission Workshop August 30, 2012 Page 6 pedestrians over there. Discussion ensued regarding which part of the Rose Park lmprovements would be most needed so that portion can be budgeted for next year and the money available in the budget already. Mr. Hanson explained that Commissioner Daugherty is proposing three things to make this balance including reducing the Half Cent Sales Tax balance by $270,000, which would leave $70,000 in the unrestricted balance ; increasing the monthly Stormwater Fee by $1.50; and eliminating the money for the Dutton Island Road Sidewalk and the Septic Tank Conversions from the CDBG Fund. Commissioner Daugherty explained how his proposal fits into the strategic goals. Discussion ensued about the items listed on Commissioner Daugherty's request and additional sidewalks. Mr. Hanson pointed out that the - $21,000 for the septic tank conversions was incorrect and should be taken off the list. Mr. Hanson was asked to update the sidewalk list with pricing and bring it back to the Commission to see if they want to do a budget amendment at a later time. Commissioner Daugherty explained his proposal to raise the Stormwater Fees. Commissioner Mark asked what fees we are increasing for our citizens. Mr. Hanson answered the other fees that are in the budget now are half tax roll up and 3% for Sanitation, but tipping fees could cause Sanitation to change. Mayor Borno asked for consensus on amendments to the proposed budget. Each proposed amendment was discussed and the following decisions were made. Consens Add $225,000 to the Rose Park Improvement Project (which includes the estimat cost of $175,000 for Phase 1 improvements and $50,000 for mcreasin the playground size, but does not include the water feature fo $160,000). Consensus: Add $35,000 for Sidewalk on W. 9 th Street Consensus: Do not add $100,000 for decorative crosswalks on May port Ro ad and Atlantic Boulevard. Consensus: Do not eliminate the $79,000 for the Dutton Road Sidewalk. Consens Increase Monthly Stormwater Fee by $1.50 (to elim inate the transfer. of $68,000 from Half Cent Sales Tax Fund and $82,000 from Gas Tax Fund). (Commissioner Woods left at 8:38 pm and returned at 8:39 pm) Consens Do away with the half roll up; keep the tax rate the sam and swap the monk between the funds for the $72,500. Consensus: Add $20,000 for Code Enforcement software. Mayor Borno asked if anyone else has an amendment proposal. Commissioner Woods requested money for the Town Hall meetings and redesigning, reinvestigating and moving forward with the Police Station. Consensus: Add $60,000 to the Police Building Pr o j ect. Mayor Borno opened the floor to citizen comments. Minutes — City Commission Workshop Page 7 Citizen Comments August 30, 2012 Mark Tomaski, 448 Snapping Turtle Ct. W., stated he has attended some of these meetings before and one of the things he has noticed about these meeting is that when you meet like this, you get a lot more done. He indicated he would like to see the commission alternate regular meetings and workshops. He stated he is happy to see the Half Cent Sales Tax being used for some amenities rather than just hoarded away; that's a great move in the right direction. He stated as far as the Police Station goes, he doesn't believe it is beating a dead horse; except when you consider the half million dollars we already lost, that part of it is dead. He believes the workshop is a great idea and urges the Commission to educate citizens about the workshop so that when the workshop happens, they can make comments and be fully aware of what is going on. He explained, in the private sector, when he had to build his building, he had to go out for a loan; when he went for his loan, he had to show a need and how he was going to pay it back; for him, that meant a loan. He explained that in the public sector, you can just tax us; you can tax money that you don't have to show, but he thinks it should be shown. He stated, if you want to stop beating your head against the wall on this Police Building, you've got to show a real need, because the City is trying to get the taxpayers to buy in and you are going to use that Half Cent Sales Tax which is a big chunk of money being spent; you are also going to ask for the citizens to be cosigners on the loan which he cannot see cosigning the loan; not for $2.5 million plus $1 million or $2 million after that; that's just too much money, especially when you haven't demonstrated to me that it is needed; you've got to demonstrate to me and all the taxpayers that it is absolutely needed, or you will continue to bang your head on this for years. He asked that they please take this into consideration, explaining that the citizens of Atlantic Beach are incredibly smart people; you will not be able to get it passed without them buying into it and he knows you are smart enough to see that. There being no further discussion by the City Commission, the Mayor declared the meeting adjourned at 9:17 p.m. Mike Borno Mayor Donna L. Bartle City Clerk AGENDA ITEM # 4A OCTOBER 8, 2012 PREPARED 10/01/12, 8:07:14 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR ALL YEARS BETWEEN: 09/01/12 TO 09/30/12 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES ----------------------------------------------------------:--------------------------------------------------- LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUSINESS ADDRESS BUS PHONE # ------------------------------------------------------------------------------------------------------- - - - - -- 12- 00007600 TIME OUT OF MIND MASSAGE 9/12/12 NEW MASSAGE THERAPIST 535 ATLANTIC BLVD ATLANTIC BEACH FL 32233 13- 00007598 UNITED STATES SURETY COMPANY 9/13/12 NEW INSURANCE COMPANY OUTSIDE CITY ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES AC: 2 PP: 0 IN: 0 VO: 0 PG: 0 BR: 0 OB: 0 UC: 0 LIC: 2 T 904 - 305 -4723 310 - 242 -4421 AGENDA ITEM # 4B OCTOBER 8, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM: Contracts with Organizations Providing Recreation Programs at City Facilities DATE: September 28, 2012 SUBMITTED BY: Timmy Johnson, Recreation Director BACKGROUND: At the September 24 City Commission meeting, Staff was directed to put together a long term contract for Michael Grant Tennis Academy to offer tennis instructions at Donner Park tennis facility. The contract is for the use of one tennis court at Donner Park for tennis instructions. Michael has provided a schedule, insurance and a list of fees. The 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 contract is $200 for the year, which is consistent with other contracts. RECOMMENDATIONS: Authorize the City Manager to sign the attached contract with Michael Grant Tennis Academy ATTACHMENTS: Michael Grant Tennis Academy Proposed Contract REVIEWED BY CITY AGENDA ITEM # 4B OCTOBER S, 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 Michael Grant Tennis Academy, Tennis Instructor of 13401 Sutton Park Drive #213, Jacksonville, FL 32224, (904) 285- 8111 (hereinafter "Renter "). WHEREAS, Renter desires to use the following public facility: Donner Park Tennis Courts 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 a 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 # 4B OCTOBER 8, 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 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 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 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 tern 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 # 4B OCTOBER 8, 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 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: Donner Park Tennis Courts 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 # 4B OCTOBER 8, 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 B ( AX 61a e qwr Staff, "RENT 99 6G CITY 99 Sawgrass me Wnt 100 Michael " ailt Vedra h, FL 3HU AGENDA ITEM # 4B OCTOBER 8, 2012 IChae' Graf t �rFNNIS ACADEM1/ 2012 — 2013 LESSON RATES FOR RESIDENTS OF CITY OF ATLANTIC BEACH Cardio Tennis Private Lesson 1/2 hour Lesson Group Lesson Rates* Lesson Package Rates $45.00 $30.00 $15.00 (4 Person Minimum) $200.00 (5) 1 Hour Lessons *One Free Cardio Tennis Class Each Month. Maximum class size of 20 No Charge* students /residents per month. AGENDA ITEM # 4B OCTOBER 8, 2012 SAMPLE MGTA TENNIS PROGRAMMING SCHEDULE Tennis programs identified below will be offered at Donner Park. Schedules will vary and are subject to change based on participation and resident demand. Court #1 will be reserved for Full Time Instruction and Court #2 as needed. MONTHLY & WEEKLY PROGRAMMING MONDAY gam -10 am 10:30 am -11:30 am 3:30 pm — 4:30 pm 4:45 pm - 5:45 pm 6:30 pm — 7:30 pm TUESDAY 9:00 am -10:00 am 11:00 am — Noon 3:30 pm — 4:30 pm 5:00 pm — 6:00 pm 6:15 pm -7:15 pm WEDNESDAY 9:00 am -10:00 am 10:15 am -11:15 am 3:30 pm -4:30 pm 4:45 pm — 5:45 pm 6:30 pm — 7:30 pm THURSDAY 9:00 am -10:00 am 10:30 am -11:30 am 3:30 pm — 4:30 pm FRIDAY 10:00 am -11:15 am 3:30 pm — 4:30 pm 4:45 pm — 5:45 pm 6:30 pm — 7:30 pm SATURDAY 9:00 am —10:00 am 10:15 am -11:15 am Stroke of the Week Doubles Strategy 10 & Under Jr's. Clinic (Free Clinic) Jr.'s Intermediate & Advanced Clinic Beginner's Tennis Clinic Intermediate Doubles Strategy Advanced Doubles Strategy 10 & Under Jr. Clinic Drop In Doubles Clinic Next Level Training Cardio Tennis Resident Appreciation Clinic 10 & Under Jr. Clinic Advanced Jr. Clinic Cardio Tennis Beginner's Clinic Advanced Doubles Strategy 10 & Under Jr's Clinic Disabled & Special Needs Clinic 10 & Under Jr.'s Clinic Intermediate & Advanced Jr's Clinic Friday Night Mixer Beginner's Adult Clinic Advanced Tennis Clinic Dates to Be Determined: Social Mixer Round Robins; Potluck Mixer; Tennis Carnival; Holiday Tennis Events AGENDA ITEM # 6A OCTOBER 8, 20I2 RESOLUTION NO. 12-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS. WHEREAS, a proposed constitutional amendment sponsored by the Florida Legislature will be placed on the 2012 general election ballot as "Amendment 4 "; and WHEREAS, this proposed constitutional change reduces the current assessment limitation on non- homestead real property from 10 percent to 5 percent; and WHEREAS, the proposed amendment grants first -time homesteaders an additional homestead exemption equal to 50 percent of the just value of the property up to the county median home value; and WHEREAS, the proposed amendment creates a provision that allows the Legislature by general law to prohibit increases in the assessed value of homestead property if the just value of the property decreases; and WHEREAS, Amendment 4 creates inequities for non- homestead properties by allowing identical properties to be taxed differently, and Amendment 4 extends the sunset provision already in the Florida Constitution from 2019 to 2023, which allows these inequities to be in place longer; and WHEREAS, Amendment 4 shifts the tax burden to new or growing businesses, creating an unfair disadvantage for new businesses that would have to pay higher property taxes than their more established counterparts; and WHEREAS, the non - homestead assessment cap reduction and the first -time homesteader provision apply to city and county taxes and not to school property taxes; and WHEREAS, over the last few years, several property tax initiatives, including additional homestead exemptions, Save Our Homes portability and statutory millage caps, have also contributed to the unequal treatment of Florida's taxpayers; and WHEREAS, there are estimates of the total tax impact of Amendment 4 of $1.6 billion cumulatively over a four -year period beginning in 2013 -2014, with approximately $447 million borne by cities. NOW, THEREFORE BE IT RESOLVED by the Commission of the City of Atlantic Beach, Florida: Section 1 . That the City of Atlantic Beach, Florida will evaluate the impact Amendment 4 may have on its property taxes. Section 2 . That the City of Atlantic Beach, Florida urges its residents to carefully consider the potential adverse consequences of Amendment 4 before voting in the November 2012 general election. AGENDA ITEM # 6A OCTOBER 8, 2012 Section 3 . That a copy of this Resolution be provided to the Florida League of Cities, Inc. and other interested parties. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach, Florida on this 8'' day of October 2012. MIKE BORNO Mayor APPROVED AS TO FORM: ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA L. BARTLE, CMC, City Clerk AGENDA ITEM # 8A OCTOBER 8, 2012 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Mutual Aid Agreement with Fernandina Beach, Neptune Beach, Jacksonville Beach, Green Cove Springs, St. Augustine, and St. Augustine Beach DATE: September 28, 2012 SUBMITTED BY: Michael D. Classey, Chief of Police BACKGROUND: The Atlantic Beach Police Department has had a Mutual Aid Agreement with other local police agencies for many years. The purpose of the attached agreement is to establish the authority and responsibilities of police officers who may be called upon to perform law enforcement services while in other local jurisdictions. Fernandina Beach, Neptune Beach, Jacksonville Beach, Green Cove Springs, St. Augustine, St. Augustine Beach, and Atlantic Beach often work together on investigations that take them into one another's jurisdictions. By sharing their resources, they can reduce the expenses and enhance the effectiveness of the investigations. This agreement provides the authority for Atlantic Beach officers to pursue investigations and to enforce traffic, misdemeanor, and felony laws in the cities that are party to this agreement. It also provides personnel from those agencies with the same authority while working in Atlantic Beach. BUDGET: None RECOMMENDATIONS: To approve the attached Mutual Aid Agreement and authorize the City Manager and Chief of Police to sign it. ATTACHMENTS: Proposed Agreement REVIEWED BY CITY MANAGER: AGENDA ITEM # 8A OCTOBER 8, 2012 COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITNESSETH WHEREAS, THE UNDERSIGNED LAW ENFORCEMENT AGENCIES ARE SO LOCATED IN RELATION TO EACH OTHER THAT IT IS TO THE ADVANTAGE OF EACH TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO: (1) CONTINUING, MULTI - JURISDICTIONAL CRIMINAL ACTIVITY, SO AS TO PROTECT THE PUBLIC PEACE AND SAFETY, AND PRESERVE THE LIVES AND PROPERTY OF THE CITIZENS; AND, (2) INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL, OR MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES; AND, WHEREAS, THE UNDERSIGNED LAW ENFORCEMENT AGENCIES HAVE THE AUTHORITY UNDER SECTION 23.12, FLORIDA STATUTES, et. seq., THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A COMBINED MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH: (1) PERMITS VOLUNTARY COOPERATION AND ASSISTANCE OF A ROUTINE LAW ENFORCEMENT NATURE ACROSS JURISDICTIONAL LINES; AND, (2) PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION EACH OF THE UNDERSIGNED LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER INTO THIS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER IN DEALING WITH ANY VIOLATIONS OF FLORIDA STATUTES TO INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, INVESTIGATING HOMICIDES, SEX OFFENSES, ROBBERIES, BURGLARIES, THEFTS, GAMBLING, MOTOR VEHICLE THEFTS, CONTROLLED SUBSTANCES VIOLATIONS, DUI VIOLATIONS AND WITH BACKUP SERVICES DURING PATROL ACTIVITIES, SCHOOL RESOURCE OFFICERS ON OFFICIAL DUTY OUT OF THEIR JURISDICTION, SCHOOL SAFETY OFFICERS ENFORCING LAWS WITHIN 1000 FEET OF A SCHOOL, AND INTER - AGENCY TASK FORCES AND /OR JOINT INVESTIGATIONS. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER INTO THIS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, DEALING WITH CIVIL DISTURBANCES, LAW ENFORCEMENT EMERGENCIES, LARGE PROTEST DEMONSTRATIONS, AIRCRAFT DISASTERS, FIRES, HURRICANES, TORNADOES OR OTHER WEATHER- RELATED CRISES, SPORTING EVENTS, CONCERTS, PARADES, ESCAPES FROM DETENTION FACILITIES, AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS. AGENDA ITEM # 8A OCTOBER 8, 2012 SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE: IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR HIS /HER DESIGNEE FROM WHOM SUCH ASSISTANCE IS REQUESTED. THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL EVALUATE THE SITUATION AND THE AGENCY'S AVAILABLE RESOURCES, CONSULT WITH HIS /HER SUPERVISORS IF NECESSARY, AND WILL RESPOND IN A MANNER HE /SHE DEEMS APPROPRIATE. THE AGENCY HEAD IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED MAY DETERMINE WHO IS AUTHORIZED TO LEND ASSISTANCE IN HIS /HER JURISDICTION, FOR HOW LONG SUCH ASSISTANCE IS AUTHORIZED AND FOR WHAT PURPOSE SUCH AUTHORITY IS GRANTED. THIS AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTICULAR SITUATION DICTATES. THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING AGENCY HEAD SHALL BE UNDER THE IMMEDIATE COMMAND OF A SUPERVISING OFFICER DESIGNATED BY THE ASSISTING AGENCY HEAD. SUCH SUPERVISING OFFICER SHALL BE UNDER THE DIRECT SUPERVISION AND COMMAND OF THE AGENCY HEAD OR HIS /HER DESIGNEE OF THE AGENCY REQUESTING ASSISTANCE. CONFLICTS: WHENEVER AN OFFICER, DEPUTY SHERIFF OR OTHER APPOINTEE IS RENDERING ASSISTANCE PURSUANT TO THIS AGREEMENT, THE OFFICER, DEPUTY SHERIFF OR APPOINTEE SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND REGULATIONS, PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF HIS /HER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION, PERSONNEL POLICY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE IS CONTRADICTED, CONTRAVENED OR OTHERWISE IN CONFLICT WITH A DIRECT ORDER OF A SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUCH RULE, REGULATION, PERSONNEL POLICY, GENERAL ORDER OR PROCEDURE SHALL CONTROL AND SHALL SUPERSEDE THE DIRECT ORDER. HANDLING COMPLAINTS: WHENEVER THERE IS CAUSE TO BELIEVE THAT A COMPLAINT HAS ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS IT MAY PERTAIN TO THIS AGREEMENT, THE AGENCY HEAD OR HIS /HER DESIGNEE OF THE REQUESTING AGENCY SHALL BE RESPONSIBLE FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM: 1. THE IDENTITY OF THE COMPLAINANT. 2. AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED, 3. THE SPECIFIC ALLEGATION. 4. THE IDENTITY OF THE EMPLOYEES ACCUSED WITHOUT REGARDS AS TO AGENCY AFFILIATION. IF IT IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING AGENCY, THE ABOVE INFORMATION, WITH ALL PERTINENT DOCUMENTATION GATHERED DURING THE RECEIPT AND PROCESSING OF THE COMPLAINT, SHALL BE FORWARDED WITHOUT DELAY TO THE AGENCY HEAD OR HIS /HER DESIGNEE OF THE ASSISTING AGENCY FOR ADMINISTRATIVE REVIEW. THE REQUESTING AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO DETERMINE IF ANY FACTUAL BASIS FOR THE COMPLAINT EXISTS AND /OR WHETHER ANY OF THE EMPLOYEES OF THE REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S POLICIES OR PROCEDURES. AGENDA ITEM # 8A OCTOBER 8, 2012 SECTION V: LIABILITY EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT TO THIS AGREEMENT, AGREES TO ASSUME RESPONSIBILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS AGREEMENT, SUBJECT TO THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE APPLICABLE. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. EMPLOYEES OF THE UNDERSIGNED AGENCIES, WHEN ACTUALLY ENGAGING IN MUTUAL COOPERATION AND ASSISTANCE OUTSIDE OF THEIR JURISDICTIONAL LIMITS BUT INSIDE THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES, HAVE THE SAME POWERS, DUTIES, RIGHTS, PRIVILEGES AND IMMUNITIES AS IF THE EMPLOYEE WAS PERFORMING DUTIES INSIDE THE EMPLOYEE'S POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED. b. EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT, RESOURCES, AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER PARTY TO THE AGREEMENT AS SET FORTH ABOVE, PROVIDED, HOWEVER, THAT NO PARTY SHALL BE REQUIRED TO DEPLETE UNREASONABLY ITS OWN PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES, AND SERVICES IN FURNISHING SUCH MUTUAL AID. G. A POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT MUST BEAR THE COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND MUST PAY ANY EXPENSE INCURRED IN THE OPERATION AND MAINTENANCE OF THAT EQUIPMENT. d. THE AGENCY FURNISHING AND PURSUANT TO THIS AGREEMENT SHALL COMPENSATE ITS APPOINTEES /EMPLOYEES DURING THE TIME SUCH AID IS RENDERED AND SHALL DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS EMPLOYEES WHILE THEY ARE RENDERING SUCH AID, INCLUDING ANY AMOUNTS PAID OR DUE FOR COMPENSATION DUE TO PERSONAL INJURY OR DEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID. e. THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS, ORDINANCES AND RULES, AND ALL PENSION, INSURANCE, RELIEF, DISABILITY, WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO THE ACTIVITY OF AN EMPLOYEE OF AN AGENCY WHEN PERFORMING THE EMPLOYEE'S DUTIES WITHIN THE TERRITORIAL LIMITS OF THE EMPLOYEE'S AGENCY APPLY TO THE EMPLOYEE TO THE SAME DEGREE, MANNER, AND EXTENT WHILE ENGAGED IN THE PERFORMANCE OF THE EMPLOYEE'S DUTIES EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS MUTUAL AID AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID, VOLUNTEER, AND AUXILIARY EMPLOYEES. f. NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING AUTHORITY HAVING BUDGETING JURISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY ACTUAL COSTS OR EXPENSES INCURRED BY THE ASSISTING AGENCY PERFORMING HEREUNDER. g. NOTHING IN THIS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE PARTY HERETO TO THE OTHER. AGENDA ITEM # 8A OCTOBER 8, 2012 SECTION VII: FORFEITURE PROVISIONS a. IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR VEHICLE, AIRCRAFT, CURRENCY OR OTHER PROPERTY PURSUANT TO THE FLORIDA CONTRABAND FORFEITURE ACT DURING THE PERFORMANCE OF THIS AGREEMENT, THE AGENCY REQUESTING ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL ASSISTANCE AND THE SEIZING AGENCY IN THE CASE OF VOLUNTARY COOPERATION SHALL BE RESPONSIBLE FOR MAINTAINING ANY FORFEITURE ACTION PURSUANT TO CHAPTER 932, FLORIDA STATUTES. THE AGENCY PURSUING THE FORFEITURE ACTION SHALL HAVE THE EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY TO MAINTAIN THE PROPERTY IN ACCORDANCE WITH CHAPTER 932, FLORIDA STATUTES, TO INCLUDE, BUT NOT BE LIMITED TO, THE COMPLETE DISCRETION TO BRING THE ACTION OR DISMISS THE ACTION. b. ALL PROCEEDS FROM FORFEITED PROPERTY SEIZED AS A RESULT OF OR IN ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN THE PARTIES, LESS THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION. SECTION VIII: EFFECTIVE DATE THIS AGREEMENT SHALL TAKE EFFECT UNDER EXECUTION AND APPROVAL BY THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL SEPTEMBER 30, 2017. UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING. SECTION IX: CANCELLATION ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON DELIVERY OF WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATION WILL BE AT THE DIRECTION OF ANY SUBSCRIBING PARTY. IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THE PRESENTS TO BE SIGNED ON THE DATE SPECIFIED. �® ® Date George D :Forbes City Manager City of Jacksonville Beach % Z- Date Jim Hanson City Manager City of Atlantic Beach Date 4Jb City Manager City of Nep ne Beach /9 /2 Date Danielle J. Judd City Manager City of Green Cove Springs Date John P. Regan City Manager City of St. Augustine Date Max Royle City Manager City of St. Augustine Beach Date IN', I" - James T. Hurley Chief of Police Fernandin Beac Police Department l5 I 15ate ruce Thomason Chief of Police Jacksonville Beach Police Department to Michael Classey Chief of Police Atlantic Beach Police Department Date David Sembach Chief of Police Neptune Beach Police Department Date Robert A. Musco Chief of Police Green Cove Springs Police Department Date Loran Lueders Chief of Police St. Augustine Police Department Date Rafael Correa Acting Chief of Police St. Augustine Beach Police Department Date AGENDA ITEM #t 8A OCTOBER 8, 2012 1� 1. W — A Asia 4. r op 22 Ir" I 4 m ddW 63 Ap 0 ANk 1 � I �A i, pi k LI 6 1 4 -1 ,- . 1 Air �:'Tjj, Z � '-7 � 6ife 1 - M , 4W 'P.: m 1 77 IN To 1 1 M M n IF -1 KAW :O r< I.. - y:. 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A: y * f;•, + � Y � ' + •,#. �y ,�•. '• - t w 'L- k }'.i _, �_ } Y'1'�i 4'' ` �; ., ir f � .. 11 ?7 ..'r - I ,�, �! „� ti 1 { Y: � - i I.'.. '_7 + ir4 • •�'.: , �'ir � � ,� = � ��� � , :,x�l' b .: ,� .�: .:� l �_ ,: J f . �� � a��,��,l+� ° r�r- .r •,�.Ji'� G,'_�1 ?:I: �11: - �r.L.�J!1.� r:�. L I 1 1,,'.'.`�'� +�.5� iF + ' r �'+TF 1 �.i :�2 t1.. ::Y- .,'7..: �. .......... N4r r ilw 5 4- Lj �r,.�.'.��r'?r �:. }. � �� �'', - �•' •.. '7' 1 � ' - k — '7_ - 41. �' f h , 1 "� '.r �. 5 • f ",y,7r i 'YT '`.`"`SR�i7'r'IS'.�'ti,k's;'�Y' .' ..� 1'L4+ nOL6 L .1 1, In 10 1. 1 �10 , - qua orc kI: F N t 4;� T pm ffm� m kr' AGENDA ITEM # 8B OCTOBER 8, 2012 TAYLOR CONCRETE SERVICES INC 603 15 TH. STREET NORTH JAX BEACH, FL 32250 904 - 329 -0663 TO: Mr. Carper May 23, 2012 JOB: 262 2nd. Street Lot 50x100 (5000 sq. ft.) Impervious calculations shed 30x13 390 sq. ft. Front steps and various stepping stones 66 sq. ft Off grade house on column pads approx. 800 sq. ft/ If approved we can drain the driveway into the circle part of the driveway which can be sodded or gravel the side driveway we can drain on there property We understand the 5" apron and seeing that most all of this is in the right of way it will all be 4000 and 5" thick We are less than 50% impervious. Should you need any more info or we need to meet on site please call. Thank you for your help and please advise our next step to proceed. 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HI�IHumgpni� ' 'hu n i u i i 11 I r 'i,�i 'Iii• H Hu 11 �II { 'I I �i ' ��Ill�i it nHi u, Io111111 in „I� i III lip I , !fill "I �I lip pit b I IIIHH " I 'I' I� In I h IHi pH iH unhHpll p i �' it h� Hil �� I �hhl If Apo I'HIHp ( i mma��ill�'i�p � 'poI"'q 4' . "re a„ I I Mw I •r AGENDA ITEM # 8C OCTOBER 8, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Request from Aquatic Gardens Beautification Committee for matching funds totaling $2500.00 for landscape improvements to the Aquatic Gardens neighborhood entrances through the City's adoption program SUBMITTED BY: Rick Carper, P.E. Public Works Director DATE: September 28, 2012 BACKGROUND: Staff received a request from the Aquatic Gardens Neighborhood Beautification Committee for matching funds for landscape improvements to the entrances of the Aquatic Gardens community through the City's adoption program. The Committee is requesting a $2500 match from the City with $2500 to be raised by the group for a total project cost of $5000. The letter from the group is attached explaining the Committee's plans for the use of the money with emphasis on improvements to the Atlantic Boulevard entrance median receiving irrigation installation, appropriate plants that require minimal irrigation, sod, and sign replacement. Any remaining funds will be applied to the entrance on Cutlass Drive. The group has collected about $1500.00 to date and feels confident of being able to collect the remaining $1000.00. The proposed landscape plan is attachment 3. This project request fits the requirements of the City's Public Right -Of -Way and Beach Access Beautification Program, Revised 10/11/10. RECOMMENDATION: Approve the request from the Aquatic Gardens Beautification Committee for matching funds totaling $2500.00 for improvements to the entrances of Aquatic Gardens. ATTACHMENTS: 1) Request letter from the Aquatic Gardens Committee 2) Aquatic Gardens Beautification Committee flyer distributed to residents 3) Proposed Landscape Plan for Median and Entranceway BUDGET: The FY13 Budget includes $3700 for Adoption and Maintenance matching funds in Parks Maintenance Account 001 - 6020 - 572 - 52.00. REVIEWED BY CITY MANAGER: mm ■ _x 2L r j'4 1:,j: " .... .. .... z Aj ­T d U7 Ir P1 4 i . I , I � rmw 5 r r � :I.: , +_ 4r ;S,r 4 _ I .Fr 5 �� rj r �h. r' s ir � 1 �'�� ���� ,�� � Fi `���` �'i .- � -0�j T � � y � � o.'• � Y i: �F���. ;��.i'�}9Cv1�.��. t � 1 * �.fy �•� ±' � _ �.I �� II •i�. �'3`� 61 IMF I L Ai If I 11 AGENDA ITEM # 8C OCTOBER 8, 2012 BUDGET FOR LANDSCAPING IMPROVEMENTS TO AQUATIC GARDENS 1. Irrigation to median and front of Aquatic Drive: $3,000 2. Purchase of plants for median and front of drive: $800 3. Replacement sign for Aquatic Gardens: $700 4. Landscaping consultant fees for initial planting: $500 Total proposed budget: $5,000 Amount requested from the City of Atlantic Reach: $2,500 Amount to be raised by Aquatic Gardens, LLC: $2,500 AGENDA ITEM # 8C OCTOBER 8, 2012 1 . 1 1• 1 1• AGENDA ITEM # 8C OCTOBER 8, 2012 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233 TELEPHONE: (904) 247 -5800 FAX: (904) 247 -5805 www.coab.us September 28, 2012 Lee Wintrode 1540 Selva Marina Drive Atlantic Beach, FL 32233 Dear Mr. Wintrode, This is in response to your letter of September 26, 2012 concerning parking in the medians along Selva Marina Drive. There are many well maintained high value homes fronting on Selva Marina Drive including yours. The City has tried to support the looks of the area and the resulting property values by maintaining the public medians along Selva Marina Drive. This has included prohibiting parking on those medians as we do on others throughout our City. Very few of the property owners in your neighborhood take any responsibility for maintenance of the medians and the great majority of them do not have irrigation. Consequently, they are particularly prone to damage from parking. There are several options for overflow parking that are better than using the medians. Parking in the long driveways is a good first choice. Parking along the street is also acceptable and parking in the yards of the adjoining property owners, where the grass is irrigated and less susceptible to damage from parking, is also a good alternative. Unfortunately, the City has not always received good cooperation from the adjoining property owners and enforcement can only be done on a limited basis because the Police Department has much higher priorities to attend to most of the time. Consequently, there are several areas along the medians that look rundown and are a poor reflection on what is otherwise one of the most attractive neighborhoods in our community. Thanking you for your concern for the maintenance of our city medians, I am cc: Mayor Borno Commissioner Daugherty Commissioner Woods Rick Carper, Public Works Director Mike Classey, Chief of Police AGENDA ITEM # 8C OCTOBER 8, 2012 ;o . O •o. O 0 ROCK :o, o o °o ANNUAL BED SPACE BLUE -- TUSCAN ROSEMARY H.H. FALL CASSIA OR ANGEL TRUMPET o x Goite HlBiscu:� ass L K ...�. ®s ..•. :. DRIFT ROSES MAJESTIC BEAUTY PLUMBAGO EXISTING OLEANDER DWARF SHILLING -HEDGE CROWN w ® ® = = • OF THORNS �A DAYLILILLY BORDER SPACE N d, 4 1 '4 1 4J- iff #m ry N d, 4 1 '4 1 4J- iff #m 40 It X �i.. i N M rz ", -Y, !?T, M � a 4 P. r 1 . .I Ah I life a F q is I 1p v 7 pi Ilk AV 0: Awl - I � N I d � f r r Jtll I;# 1 —.1. bw�t