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06-28-93 v AMENDED AGENDA: REPORT PROVIDED FOR 6A, 7B AMENDED CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, JUNE 28, 1993, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of June 14, 1993 2. Recognition of Visitors: 3. Appearances: A. Presentation of Tree City USA Award (Urban Forester Larry Figart, State Forestry Department) B. Preliminary report from Fleet and Associates on expansion of the Public Safety Building (Janice Fleet) 4. Old Business: A. Discussion and related action regarding Bid #9293-19 purchase of a backhoe (PW Dir. Bob Kosoy) B. Discussion and related action relative to the general policies for the Adele Grage Community Center (Commissioner Waters) C. Discussion and related action regarding park and ride bus program (City Manager Kim Leinbach) 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. 5. Consent Agenda: A. Water and Sewer Committee report B. Approval of Bid #9293-17 water main improvements on 3rd and 8th Streets C. Approval of Bid #9293-18 Buccaneer chlorine contact chamber D. Approval of Bid #9293-20 fabricate and install 6 wetwell liners E. Approval of Bid #9293-21 trash truck with boom F. Approval of Change Order #1 Sanitary Sewer Rehab-Ahern, 9th Street and Seminole in the additive amount of $9,042.80 6. Resolution: A. Resolution #93-26 authorizing execution of Barnett Bank note issuance and attached documentation 7. Ordinances: A. Final reading and public hearing amending Ordinance #95-93-57 relative to Potbellied Pigs B. Final reading and public hearing of Ordinance #95-93-58 regarding solicitation 8. New Business: A. Discussion and related action relative to request consulting inspection services and resident observation (PW Director Bob Kosoy) 9. City Manager Reports and/or Correspondence: 10. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE V V ROAD, AT 7 : 15 P . M. ON MONDAY, JUNE 28, 1993 0 0 T T PRESENT: William I . Gulliford, Jr. , Mayor E E Glenn A. Edwards D D Adelaide R. Tucker, and J. Dezmond Waters, III , Commissioners M S AND: Kim D. Leinbach, City Manager O E Alan C. Jensen, City Attorney T C Maureen King, City Clerk I 0 Y ABSENT: Lyman T. Fletcher (excused NAME OF ONEN absence) COMMRS. NDSO The meeting was called to order by Mayor Gulliford. The invocation, offered by Mayor Gulliford, was followed by the pledge to the flag. 1 . Approval of the minutes of the regular meeting of June 14, 1993 Edwards x x Motion: Approve minutes of the Tucker x regular meeting of June 14, 1993 Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford announced he would be in Russia in August and would not be able to attend the meeting of August 9 , 1993 . He explained the purpose of the visit was a program to assist in the establishment of small municipal governments . Steve Jarrett, 1040 24th Street, requested wavier of 1 , 500 foot separation requirement for sale of alcoholic beverages at 645 Atlantic Boulevard. Alan Jensen, City Attorney, advised no provision existed in the code for this type of waiver, but that the Commission had granted similar relief in the past. A discussion ensued and it was decided to hold a public hearing on July 12 , 1993 at which time formal action on the request will be taken by the Commission. It was felt there was a need to have a system of appeal for this type of relief and the City Manager was instructed to draft an amendment to the existing ordinance to allow for appeal to the 1 , 500 foot separation requirement for sale of alcoholic beverages . Page 2 June 28, 1993 V V NAME OF COMMRS. MSYN - • i-- - - SO - II - . • : - . Experimental Theater (ABET) was currently filing papers to establish non-profit status. She advised officers were in place, and she announced the names of citizens who would act as an Advisory Committee, as follows: Mary Lou Boyer, Ray Breault , Dr. Joan Carver, Lyman Fletcher, Mary Ann Frohwein, Jeff Goldberg, Lynn McManus, Jeff Montanye, Susan Rodgers, Sally See, Bob Weiss, Karen Wolfson; Officers/Board: President- Megan Phifer, Vice-President - Debby Draper, Secretary/Treasurer-Beth Robertson, and Artistic Director-Carson Merry Ballie. William J. Ryszykow, 535 Royal Palm Drive, inquired as to why the uniforms of the police department were blue in color instead of brown, as in the past . It was explained the color blue was lower in cost than the traditional brown, and thus it was felt it would be financially practical to utilize the color blue . It was explained the logo on the police cars was the exact duplicate of the police badge and since police cars are white when delivered it was decided to change to white cars. 3 . Appearances: A. Presentation of Tree City USA Award Larry Figart, State Forestry Department, presented a Tree City USA Award and explained the requirements the city had to meet to receive the award. He added it would be necessary to recertify every year to requalify for the award. He presented a flag, and he added the City' s application was one of the best that had been received by Tallahassee. B. Preliminary report from Fleet and Associates on expansion of the Public Safety Building Janice Fleet, Fleet & Associates, gave a preliminary report on the expansion of the Public Safety Building. The following renovations were recommended: expand the Investigators offices out towards the council chambers, approximately 130 sq. ft . ; expand the Record/Police Chief offices towards the parking lot on Seminole Road; expand the record storage area on the same side of the building, which would add approximately 203 sq. ft . ; cover the sally port; enclose the outside storage area to allow better use of the storage space; create an office for the Fire Chief in the living/dining room--the area had ample space for Page 3 V V June 28, 1993 NAME OF COMMRS. MSYN the existing use and to create an office for the Fire Chief; move the Fire Marshal ' s office to the Public Safety building by creating an office on the first floor; and create a new bunk room by building a second floor in the apparatus room. It was estimated the additions and renovations to the Public Safety Building would cost less than $110 , 000 . 00 . It was explained the next step would be the final design. The City Manager asked the Commission to advise if they had any questions or suggestions. Mayor Gulliford reported a dedication ceremony had taken place earlier in the evening naming the Water Plant after Walter J. Parks, Jr. , who had been the city engineer. Agenda Item 6A was taken out of sequence and acted upon at this time. A. Resolution #93-26: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF THE CITY'S WATER AND SEWER REVENUE NOTE, IN A PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000, TO BARNETT BANK OF JACKSONVILLE, N.A. BY NEGOTIATED SALE TO REFINANCE EXISTING INDEBTEDNESS OF THE CITY IN RESPECT OF ITS WATER AND SEWER UTILITY SYSTEM, TO PAY THE COSTS OF CERTAIN IMPROVEMENTS TO SUCH SYSTEM, AND TO PAY THE COSTS OF ISSUANCE: PLEDGING THE NET REVENUES OF THE CITY' S WATER AND SEWER UTILITY SYSTEM TO SECURE PAYMENT OF THE NOTE: CREATING A DEBT SERVICE RESERVE FUND FOR THE BENEFIT OF THE NOTEHOLDER: MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE NOTEHOLDER: AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN DOCUMENTS: AUTHORIZING THE DEFEASANCE OF THE CITY' S $900,000 OAK HARBOR WATER AND SEWER DISTRICT BONDS: AUTHORIZING THE DEFEASANCE OF THE CITY $2 ,800,000 BUCCANEER WATER AND SEWER DISTRICT BONDS: AUTHORIZING THE DEFEASANCE OF THE CITY' S $1 , 500,000 LOAN UNDER STATE OF FLORIDA WATER POLLUTION CONTROL BONDS, SERIES "Q" : AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE NOTE: AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Resolution #93-26 . Kirk Wendland, Finance Director, reported all pertinent documents were provided for the perusal of the Commission. He introduced Chauncy Lever, Page 4 v V June 28, 1993 NAME OF COMMRS. MSYN of Foley and Lardner, and advised a representative of Barnett Bank was also present. Commissioner Waters thanked everyone involved for the time and effort that was put into the matter. Kirk Wendland thanked everyone for their hard work and cooperation. Commissioner Tucker thanked Alan Potter for the tremendous service he provided Edwards x x to the city. Tucker x Waters x x Motion: Approve passage of Gulliford x Resolution #93-26 No discussion before the vote. The motion carried unanimously. 4. old Business: A. Discussion and related action regarding Bid #9293-19 Ernest Beadle, Public Works Inspector, reported additional information had been furnished to the Commission relative to bid #9293-19 for a Backhoe. Case Power and Equipment, Jacksonville, Florida, was low bidder with a base bid of $43 , 715 . 00 and options bid of $10,831 . 00 for a total bid of $54 , 546 . 00 . The Commission felt information had been furnished to their satisfaction. Edwards x x Motion: Accept Case Power & Tucker x Equipment bid of $54,546.00 for Waters x x Backhoe with options, Bid #9293-19 Gulliford x No discussion before the vote. The motion carried unanimously. B. Discussion and related action relative to the general policies for the Adele Grage Community Center Commissioner Waters presented the results of several joint meetings of the Advisory Recreation Board and the Fact Finding Committee. After careful study, he reported, the members recommended a Short Term contract, with guidelines, and a Long Term Contract, with guidelines, for usage of the Community Center. (copy of the report and recommended contracts, with guidelines, dated June 21 , 1993 are attached hereto and made a part hereof) . • Page 5 June 28, 1993 v V NAME OF COMMRS. MSYN commissioner Waters explained short Lein, shall be defined as not exceeding a total of 100 hours within a three month period of time and, if fees were to be charged, the contract would be negotiated by a negotiating team. With reference to the long term contract, he explained long term was defined as exceeding a total of 100 hours within a three month period of time, and that the length of the contract would be negotiated annually. He added no sales would be allowed in a short term contract . Mayor Gulliford questioned the need for furnishing a financial statement, and Commissioner Waters explained this would be a matter of public record, only. A discussion ensued relative to the organizations that currently used the Community Center. Rose Blanchard advised at the present time scrabble, bridge, and art classes (which had recently concluded) occupied the center, and that Habitat maintained an office at the center. A discussion ensued concerning the drama workshops for children and it was questioned whether or not it would be necessary to obtain an occupation license for operation of the classes. It was felt by some citizens that groups using the Center should contribute toward its utility bills . Kirk Wendland was asked to advise the Commission the cost of utilities at the Center. A discussion ensued concerning whether or not the city wished to charge for use of the Center. It was felt by Commissioner Waters that citizens should be entitled to services, and they should be able to use the facilities at a very small charge. Commissioner Tucker commended the committee for its work in reviewing the matter. She felt voting on the matter should not take place until Commissioner Fletcher was present. In the meantime, she recommended the City Attorney review the document. It was decided to turn the recommendations of the Advisory Recreation Board and Fact Finding Committee to the City Manager and the City Attorney to present the proposed document in Resolution form. Motion: Refer recommendations of the Advisory Recreation Board and Page 6 v V June 28, 1993 NAME OF COMMAS. MSYN Fact Finding Committee to the City Edwards x x Manager and the City Attorney to be Tucker x presented in resolution form Waters x x Gulliford x Mayor Gulliford asked if the document would be added to the present rental policy, to which Commissioner Waters replied the document would over-ride whatever policy was in existence. Commissioner Waters added every facility was being addressed, and not just the Community Center. The question was called and the motion carried unanimously. C. Discussion and related action regarding park and ride bus program Kim Leinbach, City Manager, reported Jacksonville Transporation Authority (JTA) had agreed to provide a park and ride service to resolve the parking problem related to people going to the Ocean. He reported the bus would pick up riders at the Pic-n-Save parking lot and would drop them off at various points along Ocean Blvd. The shuttle would begin operation July 4, 1993 and continue on weekends throughout the summer months . The JTA would like Atlantic Beach to show its commitment to the project by securing permission from Pic-n-Save to use their parking, and to contribute toward the promotion of the service . Motion: Approve recommendation to Edwards x x secure permission from Pic-n-Save to Tucker x x Water use their parking lot, and for a Tunis .. contribution by the City toward the Gulliford promotion of the service No discussion before the vote . The motion carried unanimously. 5. Consent Agenda: A. Water and Sewer Committee report B. Approval of Bid #9293-17 water main improvements on 3rd and 8th Streets C. Approval of Bid #9293-18 Buccaneer chlorine contact chamber D. Approval of Bid #9293-20 fabricate and install six wetwell liners E. Approval of Bid #9293-21 trash truck with boom F. Approval of Change Order #1 Sanitary Sewer Rehab-Ahern, 9th Street and Seminole in the additive amount of $9,042 .80 Page 7 V V June 28, 1993 NAME OF COMMRS. MSYN Commissioner Tucker requested Item A be withdrawn from the Consent Agenda. Edwards x x TucMotion: Approve passage of Consent waters Agenda with the exception of Item A Waterx x Gulliford x No discussion before the vote. The motion carried unanimously. A. Water and Sewer Committee report Commissioner Tucker referred to Item 5 of the Water and Sewer Committee report dated June 21 , 1993 regarding sludge management, and inquired as to the location to which the City' s sludge would be hauled. It was explained as of October 9, 1993 the landfill would not accept the City' s sludge, and it was necessary to go out to bid to see what it would cost for an alternative site. A question arose as to why the City had to bear the cost of this, and it was explained if the sludge contained a high moisture content it would not be accepted at the landfill . Edwards x Motion: Accept Water and Sewer Waters x x Committee Report dated June 21, 1993 Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. 6 . Resolution: A. Resolution #93-26 - Resolution authorizing execution of Barnett Bank note issuance and attached documentation (this was acted upon earlier in the agenda) 7 . Ordinances: A. Ordinance #95-93-57 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4, ANIMALS, SECTION 4-7, MAINTAINING STABLES: KEEPING OF HOGS, BY ALLOWING CERTAIN VIETNAMESE POTBELLIED PIGS AS HOUSEHOLD PETS AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full , in writing, Ordinance #95-93-57 , said Ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience . Bee Jay Lester, Animal Control Officer, reported she had received additional information from the Florida Pot-bellied Pig Association, and that she Page 8 V V June 28, 1993 NAME OF COMMRS. MSYN had contacted other cities. She reported the City of Jacksonville had not experienced problems with allowing the pot-bellied pig. She recommended the pig should be vaccinated yearly, that it should not weigh over 125 pounds, that the pig should be at "creast eight weeks of age when purchased, and that a pooper-scooper should be required as with dogs . Joan Bednar, 369 Ahern Street, the owner of the pig, advised the pig was contained inside a fenced yard, and that she was able to visit her home several times a day to exercise the pig. She indicated she had experienced no problems related to owning the pig. Since no one wished to speak further the Mayor closed the Public Hearing. Edwards x x Motion: Approve passage of Tucker x Ordinance #95-93-57 on Final Reading Waters x x Gulliford x No discussion before the vote . The question was called and the vote was 3-1 , with Commissioner Tucker voting nay. The motion carried. B. Ordinance #95-93-58 - Public Hearing AN ORDINANCE AMENDING CHAPTER 18 OF THE ATLANTIC BEACH CODE ADOPTING VARIOUS RULES AND REGULATIONS RELATED TO CHARITABLE SOLICITATIONS, REQUIRING A PERMIT THEREFOR, AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full , in writing, Ordinance #95-93-58, said Ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. Donald Moore, 2313 Fleet Landing Blvd. , referred to Section 18-4( 2 ) and he felt panhandlers should be prohibited from accosting people for purposes of soliciting money. With reference to Section 18-4 (4) he suggested panhandling should be done only during daylight hours . A discussion ensued and several suggestions were made to revise the language in the proposed ordinance. It was felt by several persons that panhandling should be done only during daylight hours , It was felt the ordinance addressed the matter of prohibiting people from obstructing people in an attempt to get a donation. Page 9 V V June 28, 1993 NAME OF COMMAS. MSYN Since no one wished to speak further the Mayor closed the Public Hearing. Edwards x Motion: Approve passage of Tucker Ordinance #95-93-58 on Final Reading Waters x Gulliford After discussion it was decided to revise the proposed ordinance with the following amendments : Sec . 18-2 - change the first paragraph as follows: All persons, before entering into or upon a residential premises within the City for the purpose of soliciting, shall register with the City Clerk or the City Clerk' s designated agent and obtain a permit, and furnish the City Clerk with the following: . . . Sec. 18-4(4 ) No solicitor shall solicit door-to-door at any residence between the hours of sunset and 9 : 00 a. m. Sec. 18-4( 5 ) Solicitors shall solicit under the conditions permitted. Sec. 18-8 - change the first sentence to read: The provisions of Sections 18-214_) ( 5 ) and 18-3 shall not apply to: . . Commissioner Tucker pointed out that the definition of "Hawker" and the provision prohibiting such activities in Atlantic Beach had been deleted from the ordinance . She felt it was important that this be included and after further discussion it was felt this subject would be more appropriately located in Chapter 20 under occupational Licenses and it was agreed an ordinance should be drafted to amend Chapter 20 to include a definition and prohibition of hawking in Atlantic Beach. Edwards x Motion: Approve passage of Tucker x x Ordinance #95-93-58 on Final Waters x x Reading, as amended. Amendments as Gulliford x follows: Sec. 18-2 - change the first paragraph as follows: All persons, before entering into or upon a residential premises within the City for the purpose of soliciting, shall register with the City Clerk or the City Clerk' s designated agent and obtain a permit, and furnish the City Clerk with the following: . . .Sec. 18-4(4) No solicitor shall solicit door-to-door at any residence between the hours of sunset and 9:00 a. m. . Section 18-4(5) Solicitors shall solicit only under the conditions permitted. Sec. 18-8 - change the first sentence to read: Page 10 v V June 28 , 1993 NAME OF COMMRS. MSYN The provisions of Sections 1R-2(4) (5) and 18-3 shall not apply to: . . . No discussion before the vote . The motion carried unanimously. 8. New Business: A. Discussion and related action relative to request for consulting inspection services and resident observation Ernest Beadle, Public Works Inspector, reported professional services were needed for upcoming construction projects due to the heavy amount of construction work due to start. Mr. Beadle reported one construction project was presently underway, four construction projects were due to commence soon, and five projects were coming into final design stage . He indicated three projects would overlap and, thus assistance was needed to cover the jobs properly. Motion: Approve proposal for Smith Edwards x x and Gillespie Engineers as detailed locker x x in article 1C of contract dated June Waters x 1 , 1993 (copy attached hereto and Gulliford x made a part hereof) Commissioner Tucker felt the total cost of $77 , 271 . 24 was too high for three projects . It was explained Smith and Gillespie had submitted a proposal for $23, 271 . 24 for continuing their existing professional services contract during construction. In addition, they had proposed using their current resident observer, Mr. Gary Debo, at a monthly rate of $4, 500.00 . Based on a 12 month duration, the budget for resident observation was $54,000.00. The City Manager advised he had investigated this cost and it was felt the price was fair. He added the price had been modified. Commissioner Waters inquired as to the cost of asphalting a parking area on Poinsettia Street, to which Mr. Beadle explained the cost was approximately $15 ,000. The question was called and the motion carried unanimously. 9 . City Manager Reports and/or Correspondence: Page 11 v V June 28 , 1993 NAME OF COMMRS. MSYN Kim i,ei_nbach asked Kirk Wendland, Finance Director, to present a request for the purchase of utility billing software . Mr. Wendland advised the City was attempting to go through the conversion process of Utility Billing Software . One of the items that was needed in order to do the conversion was a software package which included four wand reader units and computer reading boxes . He explained the purchase would increase productivity of meter readers . He advised the purchase would be approximately $15 , 000; $3 , 000 represented the software package program, and $12 , 000 represented four wand reader units and computer boxes that were utilized to sad the meters . . Motion: Approve purchase of Edwards x x software package, and four wand Tucker x Waters x x reader units and computer reading Gulliford x boxes at approximately $15,000 It was explained the Code did not require that the city go out for bid in this particular case . The question was called and the motion carried unanimously. Harry McNally, Utility Plant Division Director, explained it was necessary to install a new manhole on Regulus Drive so that the City of Jacksonville could proceed with paving. It was advised the cost would be $5 , 350 . 00 . Because of the emergency nature of the project Mr. McNally asked that the bid procedure be waived and John Woody, Inc . be authorized to proceed with the construction . Edwards x Motion: Authorize new manhole on Tucker x x Regulus Drive at a cost of $5,350 Waters x x Gulliford x The question was called and the motion carried unanimously. City Clerk Maureen King advised July 1 , 1993 was the deadline to turn in financial disclosures . Commissioner. Waters felt Russell Park was not safe and needed additional police protection. Lt. Jimmy Hill , Fire Department , advised of unsafe conditions at Russell Park. He explained softballs from the softball fields fell on the • Page 12 V V June 28 , 1993 NAME OF COMMRS. MSYN tennis courts, and thus placed tennis players at risk. Mayor Gulliford asked Kim Leinbach to arrange a meeting with the Community Development Board. There being no further business e May adjourned the meeting at '0 :4 . m. ifMayor I , Gtllllfor. Mayor/Presiding Of •:r A T T E S - 'T': -- Mau een Kin g. City Clerk fd Lgti f 1 ABET 1993-94 ADVISORY COMMITTEE Meeting Lei-monthly, 4th Wednesday, beginning July 28 . 1. MARY LOU BOYER, * BOYER & BOYER ARCHITECTS 2 . RAY BREAULT, * EXEC. V.P . 1ST UNION BANK 3 . DR . JOAN CARVER, * PHD . , DEAN OF ARTS & SCIENCES, JACKSONVILLE UNIVERSITY 4 . LYMAN FLETCHER, * ATTY-AT-LAW, A. B. COMMISSIONER 5 . MARY ANN FROHWEIN, * V.P . FROHWEIN CONSTRUCTION CO . 6 .JEFF GOLDBERG, HIA, ACS, CLAIMS APPROVER, PRUE-CARE, JAX. 7 . LYNN MCMANUS, * HOUSEWIFE, ART HISTORIAN 8 . JEFF MONTANYE, * V.P . BARNETT BANK IN PORTFOLIO MANAGEMENT 9 . SUSAN RODGERS, * DIR . OF HUMAN RESOURCES, CROWLEY AMERICAN TRANSPORT 10 .SALLY SEE, * RETIRED PUBLISHER 11 . BOB WEISS, * RETIRED AIRLINE PILOT, ACTIVIST 12 . KAREN WOLFSON, * HOUSEWIFE * ATLANTIC BEACH RESIDENT OFFICERS/BOARD PRESIDENT - MEGAN PHIFER, * ASST. V.P . , 1ST UNION BANK VICE-PRESIDENT - DEBBY DRAPER, TEACHER, GIFTED PROGRAM,BRPWN ELEMENTARY SEC-TY/TREASUREER - BETH ROBERTSON, * DRAMA TEACHER LANDON MIDDLE SCHOOL OF THE ARTS ARTISTIC DIRECTOR - CARSON MERRY BAILLIE, * RETIRED TEACHER shire" C Sot' M6Ry r 3 AuL, é Ocean View, 1923 Beach Avenue, Atlantic Beach, Florida 32233. f l$-f IrV y '; j� . —14 .a- Si.• asarrt� E 24 4 33 7 er4 r s ji : : :T & 1,-,,,,,i,e4i-:.,. it. lot„41;_._,Atrp.4"---alQ,.„.1 "--7-7,1-. A':'0,' : I,`„ ,+ f1' f✓ee'111 3f,v i Cf,djt• • # , 6 4.!,til {l ....,.i.:-.:iifVf 7 11 -,ce/bc ...kit ifft ��4rl� , I , j , !, •, . • • ozp( \-‘1-4' ,,,,,. , tI�►i ; ,err. • ,; i�'us��� /LC igt-Lk.J Ic-e C. • — filiSL CITY OF ,4e eiatie Fetid - 9wudet . 800 SEMINOLE ROAD 3? - - ATLANTIC BEACH,FLORIDA 32233-5445 � TELEPHONE(904)247-5800 4 FAX(904)247-5805 June 21, 1993 Honorable Mayor Gulliford, Fellow Commissioners: The attached are the results of the several, joint meetings of the Advisory Recreation Board and Fact Finding Committee, under the chairmanship of Commissioner J. Dezmond Waters. After careful study, the members felt that Management Policy, Guidelines and Draft Copies for Short Term and Long Term Contracts, would convey to the City Commission what 9 citizens, 1 City Commissioner and 1 Parks & Recreation Director feel would best suit all users of the City Facilities. These are their collective recommendations, submitted to you for your consideration. Commissioner J. Dezmond Waters will report on the attached. t SII _ CITY OF fitieuttee Ea - 76vcid4 . 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 \�1 TELEPHONE(904)247-5800 ,41 FAX(904)247-5805 REPORT OF THE JOINT MEETING OF THE ADVISORY RECREATION BOARD, FACT FINDING COMMITTEE AND COMMISSIONER J. DEZMOND WATERS HELD JUNE 10, 1993 We, the members of the Advisory Recreation Board and the Fact Finding Committee, recommend the adoption of the following Parks & Recreation Management Policy by the Atlantic Beach City Commission. The General Policy: It is the mission of the Parks & Recreation Department and its Board, to provide the broadest menu of leisure and recreational services and activities for the citizens, residents and employees of the City. In pursuit of its goal to impact and improve the quality of life in Atlantic Beach, this Department will: 1. maintain its current facilities in a safe, sanitary and attractive manner, 2. maximize the use of its current facilities, 3. enhance and expand programs and activities which meet the needs and desires of every segment of the population whether it be children, juvenile young adults, adults or seniors. 4. provide short term (permitted, single event) contractual use of Atlantic Beach facilities with priority granted to our citizens, residents and employees on a "first come, first served" basis, S. provide long term (extended or Special) contractual use of Atlantic Beach facilities where it is understood that such contracts must be negotiated annually and must enhance the general mission of Parks and Recreation or otherwise enhance the quality of life in Atlantic Beach. Excluding government agencies and schools, the permitted (short term contract) and extended (long term contract) uses of our facilities are reserved primarily for the citizens and residents of the City of Atlantic Beach and its employees. SHORT TERM CONTRACTUAL GUIDELINES * Short term shall be defined as not exceeding a total of 100 hours within a 3 month period of time. * If fees are to be charged, the contract must be negotiated by the Negotiating Team. * Atlantic Beach Facilities shall not be used for personal or corporate profit. * All participants will leave a $50 Cleaning/Key Deposit * In general, NO SALES will be allowed. * If salaries are to be paid, the amount must be shown up front, including a Financial Statement. * Special charges will be negotiated for extraordinary or expensive requests or usages: ball park lighting, tennis lights, permanent storage (anything longer than 48 hours) , set up, physical changes, etc. * Proof of Tax Exempt status (only if money is involved) . * There will be NO CHARGE to a resident of Atlantic Beach for use of any Facility, daytime or night time, unless the person or group is charging, then, as stated above, the contract must be negotiated. Negotiating Team shall consist of the Ctiy Manager and his apointees. • \ �1 CITY OF Aftieuitie Vea4 - 94144i 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 >N;i TELEPHONE(904)247-5800 .Or ; FAX(904)247-5805 UNIVERSAL CONTRACT - SHORT TERM A SHORT TERM CONTRACT SHALL BE DEFINED AS NOT EXCEEDING A TOTAL OF 100 HOURS WITHIN A THREE MONTH PERIOD OF TIME. This SHORT TERM CONTRACT AGREEMENT is made and entered this Day of 19_ at Atlantic Beach, Florida by and between c ADDRESS PHONE # and the City of Atlantic Beach, a Florida Municipal Corporation, 800 Seminole Road, Atlantic Beach, Florida 32233-5445 The City of Atlantic Beach agrees to allow to utilize space at from AM to Facility Name on 19 ALCOHOL IS PROHIBITED, BY LAW, in or outside the City's Buildings as well as in and around ALL PARKS. There is NO CHARGE for use of Facilities, to bona fide residents, living within the boundaries of Atlantic Beach, at any time, except as stated below in item (a) . However, if damage is done to any of the property of this City during the assigned sta) a charge will be incurred by the undersigned. This would include additional cleaning, if required. ALL users will submit a Cleaning/Key Deposit in the amount of $50. THE FOLLOWING TERMS ARE APPLIED TO SHORT TERM USERS: (a) If fees are to be charged, the contract must be negotiated by the Negotiating Team. (b) Atlantic Beach Facilities SHALL NOT BE USED for Personal or Corporate profit. (c) All participants will leave a $50 Cleaning/Key Deposit. (d) In general, NO SALES WILL BE ALLOWED. (e) If salaries are to be paid, the amount must be shown, up front, included it a Financial Statement. (f) Special charges will be negotiated for extraordinary or expensive requests or usages: ball park lighting, tennis lights, permanent storage (anything longer than 48 hours) , set up, physical changes, etc. (g) Proof of Tax Exempt status (only if money is involved) . • . •CITY OF ATLANTIC BEACH SHORT TERM CONTRACT PAGE 2 THIS CONTRACT IS NOT TRANSFERABLE. All Reservations MUST be scheduled through the Parks & Recreation Director or Designee, BEFORE planning. A CALENDAR of necessary days, dates and times MUST be submitted, BEFORE planning in order to insure the space availability. STRICT ADHERENCE to the time frame reserved, will be enforced. WHEN AN EVENT IS HELD IN ANY CITY PARK, THE FOLLOWING GUIDELINES APPLY: (a) Name of _function: (Birthday party, family reunion, etc.) (b) Any special need: (handicap picnic table, ball field, grills, etc.) (c) Number of people expected to attend. (d) Length of time of event from beginning to end, including set up and clean up time. (e) You are responsible for the trash YOU generate. Empty the trash you accumulate during your celebration, into the trash cans provided and into the dumpsters, if you exceed the trash cans set out for your use. IF THE CITY IS REQUIRED TO CLEAN UP AFTER YOUR FUNCTION, AN APPROPRIATE BILL WILL BE SENT TO YOU FOR CLEAN UP, INCLUDING THE EXTRA MANPOWER AND TIME. (f) Responsibility for the Restrooms are also part of the facility use. Please convey to your guests that YOU will be responsible for the condition and/or repairs of the restrooms after you have used them. (g) If the assigned facility is not occupied by the applicant within (30) thirty minutes past the scheduled starting time assigned, the contract becomes null and void and the facility may be used by others. Please be sure to call us at least 48 hours in advance of the day you wish to use the facilities so that we may have you sign this contract and that we may properly prepare the area. Keep this copy of the Contract with you at all times. Should you encounter any difficulties with other citizens, report to the Police Station and they will take charge. The signing of this Contract by any group or person, will FURTHER HOLD THE CITY OF ATLANTIC BEACH AND ANY OF ITS PERSONNEL, HARMLESS. ANY INJURY, SMALL OR LARGE, WILL NOT BE THE RESPONSIBILITY OF THE CITY OF ATLANTIC BEACH OR ITS EMPLOYEES RESPONSIBILE PARTY OR GROUP REPRESENTATIVE ADDRESS PHONE 11 AUTHORIZED PERSONNEL FOR THE CITY OF ATLANTIC BEACH LONG TERM CONTRACT GUIDELINES * Long term shall be defined as exceeding a total of 100 hours within a three month period of time. * Length of Contract: negotiable annually. * Proof of Insurance * Financial Statement * Rosters must be furnished, with Names, Addresses and Telephone numbers. * Calendar (City should put a Master Calendar on the Computer System and days and times would be available to all City Departments) . * Salaries, if part of the financial arrangements, will have to be reported up front. * Storage Charges will be assessed according to the discretion . of the Negotiating Team, (the City Manager and his apointees) , for storage spaces. All items will be removed at the end of the activity, to free up the space for some other function. ? * Proof of -Non-Proflt status must be submitted at the Contract signing. * Cleaning/Key Deposit must be made by check drawn on Contracting Organization's name, in the amount of $50. * All signs are to be negotiated. * Surcharges for non-residents must be implemented. CITY OF �> cV - 94da 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 /1 TELEPHONE(904)247-5800 .DC FAX(904)247-5805 UNIVERSAL CONTRACT - LONG TERM A LONG TERM CONTRACT SHALL BE DEFINED AS ONE THAT EXCEEDS A TOTAL OF 100 HOURS WITHIN A THREE MONTH PERIOD OF TIME. This LONG TERM CONTRACT AGREEMENT is made and entered this Day of 19 at Atlantic Beach, Florida by and between c ADDRESS PHONE # an the City of Atlantic Beach, a Florida Municipal Corporation, 800 Seminole Road, Atlantic Beach, Florida 32233-5445. The City is the owner of certain Parks & Community Centers (hereafter referred to as FACILITIES) , located within the City limits. NAME OF ORGANIZATION OR GROUP desires to use one of the Facilities owned by the City: a. for the purpose of: b. on the following dates: c. between the times of and The Parties desire to insure that there are safeguards and protection for each party, regarding their respective obligations and potential liability; and that each party is accountable for any and all funds raised and expended in the use of the City': Facilities for the purpose as set forth above. The Parties are in full and complete agreement regarding all terms and condition: as set forth herein. Long term shall be defined as exceeding 100 within 3 months. In consideration of the mutual covenants and agreements as stated herein, the use of the City's Facilities and other valuable considerations, the receipt of which is acknowledged by each of the Parites, IT IS AGREED AS FOLLOWS: 1. shall have the right to use in the City of Atlantic Beach, for the purpose of CITY OF ATLANTIC BEACH LONG TERM CONTRACT PAGE 2 • 2. shall provide the City, all reasonable documents and information as requested by the City, including the following: (a) Written proof or evidence of authority to conduct the activity at the City's Facility, if the signee is not the principal authority. (b) Written proof or evidence of Liability Insurance, in the minimum amount of $500,000 noting the City of Atlantic Beach as Additionally Insured. (c) Proof of Non-Profit status. (d) True and correct records of account for any and all income and revenues received, including those derived from such activities as Concession Sales, Advertising Sales, Admissions, Class fees, Fund Raising Revenues, as well as such records for any and all expenditures, to be recorded as negotiated. (e) Schedules for all permitted activities, true and correct rosters of participants, patrons, subscribers, etc. , to include Name, Address, and Telephone number. All scheduling of activities are to be done through the Parks & Recreation Director and no changes shall be made unless and until they have been cleared by the Director. Full Calendars of desired days, dates, time slots, MUST BE SUBMITTED, BEFORE Contract can be finalized. (f) A request for any physical changes to any Facility must be submitted in writing, to the City Manager, PRIOR to actual changes taking place. (g) All trash, at the end of an event, MUST be placed in the Large Trash Containers or Dumpsters provided by the City and located on the grounds of any and all Facilities. Failure to do so may lead to an additional fee to the user for services beyond that which our maintenance crew are assigned on daily basis. (h) Advertising signs, banners, etc. displayed by during the permitted time of the function, MUST be removed upon completion of the Activity. The use of these signs must be negotiated before they are Displayed. (i) A Cleaning/Key Deposit with a check to be drawn from the account of the Contracting Organization, in the amount of $50 is required by all. (j) Salaries, if part of the financial arrangements, will have to be reported up front. (k) Storage Charges will be assessed according to the discretion of the Negotiating Team, for storage spaces. All items will be removed at the end of the activity, to free up the space for some other function. (1) Surcharges for non-residents must be implemented (m) This Contract must be reviewed by the City Commission for: Special Requirements Special Charges Other "Specials" CITY OF ATLANTIC BEACH LONG TERM CONTRACT PAGE 3 • 3. HEREBY AGREES TO INDEMNIFY AND HOLD THE CITY OF ATLANTIC BEACH, HARMLESS FROM ANY AND ALL CLAIMS AND DAMAGES WHICH MAY RESULT FROM THE USE OF THE FACILITY FOR THE PURPOSE AS SET FORTH HEREIN. LIABILITY INSURANCE SHALL BE SECURED BY WITH MINIMUM COVERAGE LIMITS OF $500,000 AND THE CITY OF ATLANTIC BEACH SHALL BE SHOWN AS AN ADDITIONAL INSURED, AS ITS INTEREST MAY APPEAR, AN ORIGINAL TO BE ON FILE WITH THE CITY. 4. The City shall provide the Facility on the days and at the times specified, with a clean, well equipped space or spaces, for the purpose as set forth above. 5. This agreement may not be changed, altered or modified unless by written agreement signed by both parties hereto. 6. The prevailing party in any litigation arising hereunder shall be entitled to recover reasonable attorney's fees. 7. The City of Atlantic Beach will NEITHER ALLOW NOR TOLERATE ANY FORM OF DISCRIMINATION by any person, persons or organization, while they are using a City Facility. One of the options that could be used in such a case, would be the IMMEDIATE SUSPENSION OF SAID ACTIVITY SO INVOLVED. 8. EVERY CONTRACT AGREEMENT entered into for the use of City Facilities, will be renewed annually on OCTOBER FIRST of each year. No one will be allowed to begin, or just continue any activity without a CONTRACT AGREEMENT RENEWAL. 9. Any organization that uses the City Facility and earns ANY amount beyond a reasonable salary and expenses, MUST submit % of that profit to the City of Atlantic Beach for Facility use. DISCLAIMER: (to be added by the City Attorney, please!) CITY OF ATLANTIC BEACH RESPONSIBILE PARTY NAME TITLE OFFICIAL ORGANIZATION NAME