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AGENDA

GREEN COVE SPRINGS CITY COUNCIL 321 WALNUT STREET, GREEN COVE SPRINGS, FLORIDA

REGULAR SESSION TUESDAY, SEPTEMBER 4,2012 -7:00 P.M.

ANYONE WISHING TO ADDRESS THE CITY COUNCIL REGARDING ANY TOPIC ON THIS AGENDA IS REQUESTED TO COMPLETE A CARD AVAILABLE AT THE CITY CLERK'S DESK. SPEAKERS ARE RESPECTFULLY REQUESTED TO LIMIT THEIR COMMENTS TO THREE (3) MINUTES.

THE CITY COUNCIL PROHIBITS THE USE OF CELL PHONES AND PAGERS WHICH EMIT AN AUDIBLE SOUND DURING ALL MEETINGS WITH THE EXCEPTION OF LAW ENFORCEMENT, FIRE AND RESCUE OR HEALTH CARE PROVIDERS ON CALL. PERSONS IN VIOLATION WILL BE REQUESTED TO LEAVE THE MEETING.

Invocation & Pledge of Allegiance to the Flag

RollCall

Awards and Recognition

Employee of the 3rd Quarter 2012 - Sharon Deason

Mayor to call on members of the audience wishing to address the Council on matters not on the Agenda.

CONSENT AGENDA

ALL MATTERS UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION ON THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. BACKUP DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COUNCIL ON THESE ITEMS.

1. City Council approval of the minutes of the Regular Session on July 17, 2012.

2. City Council acceptance of the FY 2012 Revenues and Expenditures Report for the period ending July 31,2012.

COUNCIL BUSINESS

1. Approval of Site Development Plan for redevelopment of the property located at 820 N. Orange Avenue. Fleet

2. First Reading of Ordinance No. 0-10-2012, an Ordinance authorizing the leasing and use of portions of the City Pier for long and short-term dockage by recreational and commercial vessels. Arnold

3. Approval of a Territorial Agreement between the City of Green Cove Springs and Clay Electric Cooperative, Inc. Arnold

4. Report on pending foreclosure investigations from code enforcement liens. Arnold

AGENDA September 4,2012

of 2

5. City Manager and City Attorney Reports and/or Correspondence.

6. City Council Reports and/or Correspondence.

A Update on FLC Conference.

7. Adjournment.

The City Council meets the first and third Tuesday of each month beginning at 7:00 p.m. Meetings are held in City Hall at 321 Walnut Street and audio recordings of the meetings are posted in the City's website at www.greencovesprings.com.

The City may take action on any matter during this meeting, including items that are not set forth within this agenda.

Minutes of the City Council meetings can be obtained from the Gity Clerk's office. The minutes are recorded, but are not transcribed verbatim. Persons requiring a verbatim transcript may make arrangements with the City Clerk to duplicate the recordings, or arrange to have a court reporter present at the meeting. The cost of duplication and/or court reporter will be at the expense of the requesting party.

Persons who wish to appeal any decision made by the City Council with respect to any matter. considered at this meeting will 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 includes the testimony and evidence upon which the appeal is based.

In accordance with Section 286.26, Florida Statutes, persons with disabilities needing special accommodations to participate in this meeting should contact the City Clerk's office no later than 5:00 p.m. on the day prior to the meeting.

Exparte Communications: Oral or written exchanges (sometimes referred to as lobbying or information gathering) between a Council Member and others, including staff, where there is a substantive discussion regarding a quasi-judicial decision by the City Council. The exchanges must be disclosed by the City Council so the public may respond to such comments before a vote is taken.

LEGISLATIVE CALENDAR

1. Code Enforcement Workshop - TBO 2012

2. First Public Hearing - Tentative Adoption of Budget - Thursday, September 13, 2012 at 7:00 p.m.

3. Second Public Hearing - Adoption of Budget - Monday, September 24, 2012 at 7:00 p.m.

City of Green Cove Springs 321 Walnut Street Phone: (904) 529-2200 Green Cove Springs, FL 32043 Fax: (904) 529-2208

September 4, 2012

Re: Employee of the 3rd Quarter 2012 - Sharon Deason

Ms. Deason is a dedicated, hard-working employee who came to this City highly recommended in 2003. In the eight years she has been employed by the City of Green Cove Springs, she has kept our grounds tidy as a Groundskeeper for our Parks Department and now keeps our buildings impeccable as a Custodian.

She has a reputation for having a good work ethic. She and her husband had their own roofing business before she sought employment with other companies. Because of her own experience as a business owner, she understands the importance of pride in what she does and puts the same effort and pride into her job as a City employee. Not only does she work hard, she does it with a smile and a pleasant attitude. It has been reported that she is always helpful to visitors to our City. She is greatly valued for her kind spirit and desire to help others as exemplified by an act of kindness such as the day a park visitor, someone's grandchild, dropped their eye glasses in "the Spring". Sharon and another employee willingly fished them out. The grandmother described Sharon as "wonderful, efficient and knowledgeable" when handling the situation. That seems to be the consensus here at City Hall, too.

Sharon has continuously taken training sessions to improve her work skills. She has pmiicipated in classes peliaining to underground safety, tree-cutting safety, back injury prevention, work zone safety and hU11'icane preparation. Sharon has also received several commendations in her file for helping other depmiments such as the PHA Depmiment with their annual "application day" which attracts many people applying for public housing and creating long lines. PHA Director, Mary Jo Shoemaker, reports that Sharon's help has made the process easier and more successful.

Sharon's record of rarely missing work, being a team player and working diligently with a pleasant disposition makes her a natural choice for "Employee of the Qualier". On behalf of the City Council, the City Staff and the citizens of Green Cove Springs, I would like to express my sincere appreciation for all your hard work and dedication.

Sincerely,

Pamela J. Lewis Mayor, Green Cove Springs, Florida

MINUTES OF THE JULY 17, 2012 REGULAR SESSION GREEN COVE SPRINGS CITY COUNCIL

Call to Order

A regular session of the Green Cove Springs City Council was called to order Tuesday, July 17, 2012, at 7:00 p.m. in the City Council Chambers, 321 Walnut Street, Green Cove Springs, Florida.

-Invocation and Pledge of Allegiance to the Flag

The invocation was performed by Mayor Lewis followed by the Pledge of Allegiance to the Flag of the United States of America.

COUNCIL MEMBERS PRESENT: C. Felecia Hampshire Robert C. Page Deborah L. Ricks Roy M. Timberlake, Jr., Vice Mayor Pamela J. Lewis, Mayor

Roll Call

STAFF MEMBERS PRESENT: L. J. Arnold, III, City Attorney Lee Bentley, City Clerk Janis Fleet, Development Services Director Gregg Griffin, Electric Director Sue Heath, Asst. City Manager/Finance Director Danielle J. Judd, City Manager · Robert Musco, Chief of Police Mike Null, Public Works Director Mary Jo Shoemaker, PHA Director

Awards and Recognition

There were none.

1'\

Mayor to call on members of the audience wishing to address the Council on matters not on the Agenda.

William "Travis" Ivey, 701 Alvin Street, Green Cove Springs, addressed the Council regarding his father, Arthur Woodrow Ivey, a former employee of the City for 41 years. He recounted his many accomplishments while employed and requested the Council named a landmark or a street in the City after his father. Mayor Lewis thanked Mr. Ivey for his comments and advised his comments would be taken into consideration.

PUBLIC HEARINGS

1. Public Hearing regarding approval of the City of Green Cove Springs' Public Housing Agency Annual Plan (HUD Form 50075). Shoemaker

Ms. Shoemaker made a brief presentation concerning the purpose for the Public Hearing. She reported that the PHA Annual Plan provides details about the PHA's participants, programs and services, and its strategy for addressing operational concerns, participant's needs, and services for the upcoming fiscal year.

Mayor Lewis opened the Public Hearing. There being no comments, the Public Hearing was closed.

A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE THE CITY OF GREEN COVE SPRINGS' PUBLIC HOUSING AGENCY ANNUAL PLAN (HUD FORM 50075). THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER

July 17, 2012 Regular Session Page 2 of 8

DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

CONSENT AGENDA

1. City Council approval of the minutes of the Regular Sessions on May 15, 2012, June 5, 2012, and June 19, 2012 and the Special Session on June 26,2012.

2. City Council approval to utilize the University of Florida's Multifunctional & Specialty Application Copiers Bid No. 07DD-162YC, with Copyfax for a 36-month period.

3. City Council approval of Amendment No. 1 to the Professional Drainage, Stormwater & Roadway Engineering Services Agreements with Causseaux, Hewett & Walpole, Inc., GAl Consultants, Inc., and Prosser Hallock, Inc. for an additional one (1) year period from July 19,2012 through July 18, 2013.

4. City Council approval of Amendment No.1 to the Marathon Racing Event Agreement with Freedom Marathon, Inc.

A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO APPROVE CONSENT AGENDA ITEMS 1, 2, 3 AND 4 AS LISTED ABOVE. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR. , AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

COUNCIL BUSINESS

1. First Reading of Ordinance No. 0-07-2012, an Ordinance repealing City Ordinance No. 0-09-2010 which closed and vacated portions of Wilson Avenue; accepting title to the westerly 15 feet of the previously closed Avenue; and rededicating all of the right-of-way to its previous status of a City street. Arnold

Mr. Arnold presented the item to City Council which was to repeal the former closure of Wilson Avenue and receive and accept deed and title to the property.

Mr. Arnold read the title of Ordinance No. 0-07-2012 into the record as follows:

AN ORDINANCE OF THE CITY COUNCIL OF GREEN COVE SPRINGS, FLORIDA REPEALING CITY ORDINANCE NO. 0-09-2010 WHICH CLOSED AND VACATED PORTIONS OF WILSON AVENUE; ACCEPTING TITLE TO THE WESTERLY FIFTEEN FEET OF THE PREVIOUSLY CLOSED AVENUE; RE-DEDICATING ALL OF THE RIGHT-OF-WAY TO ITS PREVIOUS STATUS OF A CITY STREET; PROVIDING FOR REPEALER, SEVERABILITY AND SETTING AN EFFECTIVE DATE.

A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO APPROVE ORDINANCE NO. 0-07-2012 ON FIRST READING AS TO FORM ONLY. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS;.... NONE.

2. Discussion of a proposed Resolution establishing project evaluation criteria for grants, loans or other monetary incentives as related to the City's Economic Incentive Program. Arnold / Judd


Ms. Judd deferred to Mr. Arnold for this item. Mr. Arnold reported the Staff Report summarized the intent of the proposal in concert with Clay County's incentive program. He identified some of the significant parts of the program. He believed it was a straight-forward program and would not cost

. the City anything and not increase taxes for project developments as an incentive for future businesses that desire to locate and establish their business in Green Cove Springs.

Council Member Ricks believed the program would be helpful to attract businesses. She questioned if the minimum of 10 fulltime jobs should be revised. Mr. Arnold noted the Council could tweak the program in the future.

Other comments included:

• Concerns about granting the automatic score of 10 for transportation; deleting this section entirely;

• Need to clarify definition of "base year"; • Documents need to be cleaned up to reflect "Green Cove Springs" instead of "Clay

County"; • Straight wages vs. benefits being included;

Danita Andrews, Clay County Economic Development, 1815 Lakedge Drive, Middleburg, advised the wages were based on straight wages with 115% minimum adopted by the County. The policy was updated every year as to what the County's average wages are. The Council would always have the discretion related to the review of proposed project and make exceptions to their policies for new development. Council Member Page suggested the benefits not be included on the application. Mr. Arnold advised this would need to be included in the motion.

• Loans - questioned the budgeting of funds required by City but not the County - County has not done any loans but City Manager would want to see security and collateral required to protect the City - looking for flexibility for servicing the GAP; tax abatement is performance based;

• Suggestion to focus on attracting small professional businesses - State has a new set of criteria for small businesses but had not yet started marketing them;

• Attracting businesses to Green Cove Springs, i.e. with an ad valorem grant - City could have different categories for smaller vs. larger businesses; develop another program for small businesses; Program geared toward larger businesses who would create larger impact and benefits to the City; Ms. Andrews would forward State's list of targeted industries and other programs;

• City should identify areas of greatest importance for locational criteria where infrastructure is already installed, yet avoid a policy waiving tap fees in the program;

• Suggestion to add a provision that if the applicant qualifies for County program, they would also qualify for the City's program;

• Suggestion to modify Transportation element to apply to Green Cove Springs, i.e. Gateway Corridor, south of Green Cove Springs, Reynolds Park, etc.

Staff was directed to bring back a revised Resolution for further Council review. No motion was needed.

3. Discussion of the establishment of a Pilot Matching Grant Improvement Program for properties in the Gateway Corridor and Central Business District. Fleet

Ms. Fleet reported changes had been made as requested by Council. A draft version had been provided to anybody who stopped by the office and had received very positive input.


• Site Development review fee waiver could be applied as their match;


• What happens when the funding sources and pools are depleted? • City Manager proposing funds around $35,000 for the first year - when it is gone, it's gone;

she would also like to be able to re-evaluate mid-year; • Tree Board funds have to be used every year; • Program to be effective October 1 st.

A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO APPROVE THE PROGRAM GUIDELINES AND APPLICATION FOR THE GATEWAY CORRIDOR AND CENTRAL BUSINESS DISTRICT PILOT MATCHING GRANT PROGRAM AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY LEGISLATION THAT DETERMINES THAT THE PROGRAM SERVES A PUBLIC PURPOSE. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

4. Discussion of updated Development Review Fees. Fleet

Ms. Fleet presented information regarding the Development Review Fees which had not been increased since 2006. Ms. Judd pointed out that the City was well below surrounding communities. If approved, the new fees would become effective October 1st

.


• Should home occupation fee be lower than County? • No responsibility with COD after they are created; Fee is in statute; Magnolia West had

requested notices of meetings be placed on City website; • Appeal interpretation fee - which cities are more comparable to Green Cove Springs? • City needs to cover its costs; • Fees could be waived under incentive program.

A MOTION WAS MADE BY VICE MAYOR TIMBERLAKE TO APPROVE THE UPDATED DEVELOPMENT REVIEW FEES WITH THE ADDITION OF A CATEGORY OF A HOME OCCUPATION FEE OF $150 AND DIRECT STAFF TO PREPARE A RESOLUTION TO UPDATE THE FEES. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYSNONE.

5. Discussion of Police Station Funding Strategy. Judd/Musco / Heath

Ms. Judd reviewed and identified the revenue sources. A 40 year loan at 3.75% was planned. Red Light camera funds cannot be pledged but a millage reduction was possible for use by Red Light Camera funding replacement. Ms .. Judd stated the debt service would remain at $255,000 along with a pledge of Sur-Tax. The USDA may also ask for additional sources after the 2020 SurTax ends. Chief Musco stated and Ms. Judd confirmed that the $412,000 and USDA grants were not confirmed at this time, however, he believed that everything was falling into place to acquire the needed funding. Ms. Judd also noted the possibility of utilizing the USDA funding in the beginning and then refinancing at a later date. Ms. Heath indicated she had researched rates and information from three (3) major banks. One had refused to service the project but the other two were worth looking into. Ms. Judd also wanted to try the USDA first and did not want to lock the City in on conventional sources. RFP could also be prepared.

A MOTION WAS MADE BY COUNCIL MEMBER HAMPSHIRE TO ACCEPT THE FUNDING STRATEGY FOR THE POLICE COMPLEX CAPITAL PROJECT AND AUTHORIZE THE


ADMINISTRATION TO TAKE THE NECESSARY STEPS TO SECURE THESE SOURCES. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

6. Discussion of the elimination of the School Crossing Guard's Operating Hours for Green Cove Springs Junior High School. Musco

Chief Musco explained the Florida Statutes regarding requirements for school crossing guards for 6th grade students and younger. He had met with the Superintendent who also agreed with the City's position. The City Attorney agreed with the Chief's information. Notices to the parents of the 47 students living in the area would be sent out. The monetary savings amounted to $4,700. Two (2) guards would receive 20 hours each instead of one (1) having 40 hours.

Council Member Hampshire disagreed with this item and expressed her concern about the safety of the children versus the amount of savings.

Chief Musco also advised that the Police Department message board trailer would be set up to announce the start of the new school year and the school zone. When available, he would also have Officers present to observe traffic and run radar.

A MOTION WAS MADE BY VICE MAYOR TIMBERLAKE TO AUTHORIZE THE ELIMINATION OF THE SCHOOL CROSSING GUARD'S OPERATING HOURS FOR THE GREEN COVE SPRINGS JUNIOR HIGH SCHOOL AS PERMITTED BY FLORIDA STATE STATUTE 1006.23, HAZARDOUS WALKING CONDITIONS, WITH THE COMMENCEMENT OF THE 2012/2013 SCHOOL YEAR. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - COUNCIL MEMBER C. FELECIA HAMPSHIRE.

7. Approval of a Sales and License Agreement with American Data Group, Inc. (ADG) for Financial Reporting Software in the amount of $113,000. Heath

Ms. Heath reviewed this item. The additional $2,000 would include a module for Business Tax Licenses. Funds were available to cover the cost. She noted Staff was waiting on the installation of the new phone system to order the software package. The City Attorney had made changes to the contract to which ADG had agreed. The Windows-based program would be much more userfriendly than the current system. There was a local office available for service. All reviews Staff had received were favorable. Training costs would only cover what would be needed. The company utilized a user group as a way to improve services. The system was "cloud-based" which meant the maintenance rate was low for the industry. Annual upgrades were included. Other modules, i.e. Building Permit System, could be added later. The system would decrease the workflow for employees and allow Staff to build better and more detailed reports versus requiring technical support for every request.

A MOTION WAS MADE BY COUNCIL MEMBER RICKS TO APPROVE THE CONTRACT WITH AMERICAN DATE GROUP, INC. FOR FINANCIAL REPORTING SOFTWARE IN THE AMOUNT OF $113,000. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

8. City Council establishment of Special Session dates for review of the Operating Budget and Capital Improvement Plan for FY 2012·2013. Heath


Ms. Heath reviewed the updated Budget Calendar and addressed the proposed dates for special public hearings. She also advised of the new budget format.

A MOTION WAS MADE BY COUNCIL MEMBER RICKS TO SET AUGUST 7,2012 AT 9:00 AM. TO REVIEW THE GENERAL FUND, SPECIAL LAW ENFORCEMENT TRUST FUND, SPECIAL REVENUE FUND (BUILDING) AND THE PHA FUND OPERATING BUDGETS, OUTSIDE AGENCY REQUESTS, AND CAPITAL IMPROVEMENT PLANS FOR THOSE FUNDS; AND FURTHER TO SET AUGUST 21, 2012 AT 9:00 AM. TO REVIEW THE ELECTRIC, WATER, WASTEWATER, CUSTOMER SERVICE, AND SOLID WASTE OPERATING BUDGETS AND CAPITAL IMPROVEMENT PLANS. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

9. City Council designation of a Voting Delegate for the Florida League of Cities Annual Conference. Bentley

Mr. Bentley requested the Council to appoint a voting delegate for the Florida League of Cities Annual Conference. Mayor Lewis confirmed her attendance.

A MOTION WAS MADE BY COUNCIL MEMBER PAGE TO MAKE THE MAYOR THE VOTING DELEGATE FOR GREEN COVE SPRINGS. THE MOTION WAS SECONDED BY VICE MAYOR TIMBERLAKE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

10. Approval of Resolution No. R-17-2012, a Resolution urging the Florida Legislature to support amendment of State regulations for mooring fields and anchorage of vessels on waterways outside of mooring fields for submittal to the Florida League of Cities' Resolutions Committee. Bentley

Mr. Bentley advised that Resolution No. R-17-2012 was presented to Council for their approval of submittal to the Florida League of Cities Resolutions Committee.

A MOTION WAS MADE BY VICE MAYOR TIMBERLAKE TO APPROVE RESOLUTION NO. R-17-2012 FOR SUBMITTAL TO THE FLORIDA LEAGUE OF CITIES' RESOLUTIONS COMMITTEE FOR CONSIDERATION AND RELATED ACTION AT THEIR ANNUAL CONFERENCE ON AUGUST 23, 2012. THE MOTION WAS SECONDED BY COUNCIL MEMBER HAMPSHIRE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR., AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

11. Approval of Resolution No. R-18-2012, a Resolution urging the Florida Legislature to enact legislation that will abolish or regulate "Internet Cafes" in Florida for submittal to the Florida League of Cities' Resolutions Committee. Bentley

This was the 2nd of the two (2) Resolutions being presented to Council.

A MOTION WAS MADE BY VICE MAYOR TIMBERLAKE TO APPROVE RESOLUTION NO. R-18-2012 FOR SUBMITTAL TO THE FLORIDA LEAGUE OF CITIES' RESOLUTIONS COMMITTEE FOR CONSIDERATION AND RELATED ACTION AT THEIR ANNUAL CONFERENCE ON AUGUST 23, 2012. THE MOTION WAS SECONDED BY COUNCIL MEMBER PAGE. THERE BEING NO FURTHER DISCUSSION, THE MOTION WAS APPROVED


BY THE FOLLOWING ROLL CALL VOTE: AYES - COUNCIL MEMBERS C. FELECIA HAMPSHIRE, ROBERT C. PAGE, DEBORAH L. RICKS, ROY M. TIMBERLAKE, JR. , AND MAYOR PAMELA J. LEWIS. NAYS - NONE.

12. City Manager and City Attorney Reports and/or Correspondence.

The City Attorney reported the following :

• A Notice of Claim to the City would be distributed to the Council at a later date.

The City Manager acknowledged the following reports provided to the City Council for information:

a. Executive Summary - Code Enforcement - June 2012. b. Executive Summary - Police Department - June 2012. c. Executive Summary - Public Works Department - May 2012.

City Manager Judd's announcements:

• A Tax Certificate had been purchased on the property located at 106 Walburg Street; Code Enforcement proceedings would also be addressed;

• July 31 st Special Session at 9:00 a.m. - 11 :00 a.m. to address millage rate; a unanimous vote required for raising the millage rate greater than one (1) mill;

• August 4th - New videography shoot date for Today in America; Jax River Cruises will have the Annabelle Lee docked at the City Pier; Requesting dialogue with City to become its permanent base; Pier improvements of $15,000 needed;

• July 24th - Health Conference; • Update on Police Complex and Supervisor or Elections projects; • Update by Ms. Fleet regarding the Building Department Permitting functions; • Building Process review during the budget process - needs to be in a separate fund; • Adopt and mirror the County's fee structure - $40,000 gap is existent at City level; • Will research possibility of escrow account for contractors like Clay County Clerk's Office.

13. City Council Reports and/or Correspondence.

Council Member Hampshire's comments:

• Robotics Round-up event July 27'h at the ASACC; • Commended Officer Robinson for her involvement with Camp Cadet Program.

Council Member Page's comments were:

• Appreciated the Stop Work Order on an unauthorized building project; • Listened to ATTA Webinar and would provide details to the City Manager; • POD and CERT Workshop - good training for families; • Pool Lift - all Lifeguards were trained to use it; • Old Jail Haunt on July 21

st;

• Commended Officer Graham and his video which had "gone viral" .

Council Member Ricks' comments were:

• Chief of Police report - Need to address conflict of hours of operation for Spring Park; • City Manager will have an ad out for Aug. 4th "Military Appreciation Day" event; people

wanting to know if they can bring food and drinks since there would be no vendor booths; there would be food and drinks available on the Annabelle Lee. Council Member Page suggested there were a number of food trucks in Jacksonville and inquired about a quick


and easy way to get them advertised, i.e. press release to area media; Mayor Lewis suggested encouraging people to bring a picnic lunch or patronize the local restaurants. City Manager was attempting to promote it only as a "Day in the Park". There needed to be a back-up plan and traffic plan in case vendors just showed up. There were events planned and Florida Blue (fireworks sponsor) would have a booth set up at the corner of Spring Street and St. Johns Avenue. The City Manager would finish the program and put it out for advertisement.

Vice Mayor Timberlake's comments:

• No longer needs a hard copy of the Agenda; • Thanked Development Services Director and City Manager for working with a contractor; • Commended Police Department on response time and felt the City's Police should be

applauded.

Mayor Lewis' comments:

• Commended all City employees and the high level of services provided for the money; • Attended ExhibitBuilding dedication in honor of Jesse Godbold; • Attended Workshop by FLC on Communicating Your City Budget; • Robotic Round-up at ASACC.

14. Adjournment.

There being no further business to come before the City Council, the meeting was adjourned at 10:12 p.m.

CITY OF GREEN COVE SPRINGS, FLORIDA

PamelaJ . Lewis, Mayor

ATTEST:

F. Lee Bentley, City Clerk

CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT FOR MEETING OF

SEPTEMBER 4, 2012

SUBJECT: Presentation ofFY 2012 Revenues and Expenditures Report for Period Ending July 31, 2012.

BACKGROUND: The attached Revenues and Expenditures Report is for the period October 1,2011 through July 31, 2012. In the General Fund, revenues are listed by category and/or major funding sources. In all funds, the budgeted figures are presented first with the actual expenditures and the variance between the budget and actual listed next. The percent of actual is the amount that has actually been received (or accrued in the case of state shared revenues and utilities) or the amounts expended as a percent of the budget for the period ending July 31,2012.

The report is prepared on a modified accrual basis with state shared revenues for the month of July (received in August) accrued for the month of July. In the utility funds, conservative estimated accrued sales have been listed to reflect the estimated usage of utility services for the later part of the month of July but not billed until August.

In all funds, the revenues exceed the expenditures and no department is overdrawn the bottom line of the budget with the exception of the "Disaster Depmiment" which was set up to account for storm expenses that will be reimbursed by FEMA. A budget adjustment will be fOlihcoming for that depmiment to budget for the expenses and the offsetting FEMA revenue.

MOTION: Accept the FY 2012 Revenues and Expenditures Report for the Period Ending July 31, 2012.

SUBMITTED BY: APPROVED BY:

,.::: ..

Sue Heath Finance Director/Assistant City Manager

GENERAL FUND

REVENUES AND EXPENDITURES

AS OF JULY 31, 2012

84% OF YEAR

VARIANCE % ACTUAL

BUDGET ACTUAL OVER TO

-UNDER BUDGET BUDGET

GENERAL FUND REVENUES:

Ad Valorem Taxes 828,315 810,650 -17,665 97.87%

Gas Tax 273,597 202,250 -71,347 73.92%

Interlocal PHA 35,000 35,000 0 100.00%

Surtax 623,182 467,915 -155,267 75.08%

Telecommunications 341,786 256,013 -85,773 74.90%

Franchise Fees 8,000 5,043 -2,957 63.04%

Utility Taxes 165,000 136,008 -28,992 82.43%

Licenses and Permits 84,800 78,748 -6,052 92.86%

State Shared Taxes/Licenses 205,451 149,636 -55,815 72.83%

Sales Tax 313,780 234,372 -79,408 74.69%

P&Z/Copying Fees 1,900 5,969 4,069 314.16%

DOT Agreements/vest grant 72,601 78,118 5,517 107.60%

Pool Receipts 6,500 4,726 -1,774 72.71%

Special Events 10,350 645 -9,705 6.23%

Asset Forfeiture 750,000 495,894 -254,106 66.12%

Court Fines 43,000 23,813 -19,187 55.38%

Red Light Camera 550,000 615,450 65,450 111.90%

Police Education 2,500 3,130 630 125.20%

SAVE School Board Agree. 9,000 9,000 0 100.00%

E-911 Funding 70,000 0 -70,000 0.00%

COPS Grant 45,000 0 -45,000 0.00%

Police Vest Grant 4,300 0 -4,300 0.00%

DEA Overtime-Sheriff Tasks Force 3,600 2,647 -953 73.53%

Homeland Security Grant 400,000 0 -400,000 0.00%

FEMA Hardening Grant 412,000 0 -412,000 0.00%

USDA Loan 3,163,000 0 -3,163,000 0.00%

Teen Summit 5,000 311 -4,689 6.22%

Interest 18,900 624 -18,276 3.30%

Sale of Surplus 10,000 3,266 -6,734 32.66%

Misc Income 60,660 57,237 -3,423 94.36%

Rents 45,820 27,335 -18,485 59.66%

Park Reservations 7,000 7,050 50 100.71%

Cost Recoveries/Transfers to GF 1,732,783 1,443,928 -288,855 83.33%

Reserves 790,652 339,276 -451,376 42.91%

Grants/Loans 3,125,000 0 -3,125,000 0.00%

TOTAL REVENUES 14,218,477 5,494,054 -8,724,423 38.64%

1

sheath revenue and expenses report july 2012.xlsx 12:34 PM8/30/2012

BUDGET ACTUAL VARIANCE % ACTUAL

OVER TO

-UNDER BUDGET BUDGET GENERAL FUND EXPENDITURES:

CITY COUNCIL:

PERSONAL SERVICES 30,453 24,921 -5,532 81.83% OPERATING EXPENSES 8,560 2,711 -5,849 31.67% TOTAL 39,013 27,632 -11,381 70.83%

CITY CLERK:

PERSONAL SERVICES 140,743 97,112 -43,631 69.00% OPERATING EXPENSES 21,500 7,865 -13,635 36.58% EQUIPMENT 1,796 1,922 126 107.02% TOTAL 164,039 106,899 -57,140 65.17%

CITY MANAGER:

PERSONAL SERVICES 235,478 193,467 -42,011 82.16% OPERATING EXPENSES 7,850 6,073 -1,777 77.36%

EQUIPMENT 1,173 1,173 0 100.00%

TOTAL 244,501 200,713 -43,788 82.09%

PERSONNEL:

PERSONAL SERVICES 92,150 78,557 -13,593 85.25% OPERATING EXPENSES 7,225 6,777 -448 93.80% TOTAL 99,375 85,334 -14,041 85.87%

AUGUSTA SAVAGE:

OPERATING EXPENSES 66,252 45,158 -21,094 68.16%

CAPITAL 335,000 2,931 -332,069 0.87% TOTAL 401,252 48,089 -353,163 11.98%

FINANCE:

PERSONAL SERVICES 318,968 254,295 -64,673 79.72% OPERATING EXPENSES 21,320 19,250 -2,070 90.29% EQUIPMENT 1,200 0 -1,200 0.00% TOTAL 341,488 273,545 -67,943 80.10%

GENERAL SERVICES:

PERSONAL SERVICES (UNEMPLOY) 35,000 9,099 -25,901 26.00% OPERATING EXPENSES 208,153 217,080 8,927 104.29% CAPITAL OUTLAY 263,000 62,821 -200,179 23.89% CONTRIBUTION TO FUND BALANCE 100,000 100,000 0 100.00%

CONTINGENCY 23,908 0 -23,908 0.00% TOTAL 630,061 389,000 -241,061 61.74%

2



OVER TO


TREE CONSERVATION BOARD:


TOTAL 15,000 12,264 -2,736 81.76%

CITY ATTORNEY:

PERSONAL SERVICES 82,034 66,252 -15,782 80.76%


TOTAL 113,559 73,286 -40,273 64.54%

DEVELOPMENT SERVICES:

PERSONAL SERVICES 109,060 110,907 1,847 101.69% OPERATING EXPENSES 57,375 16,380 -40,995 28.55% TOTAL 166,435 127,287 -39,148 76.48%

BUILDING DEPARTMENT:


OPERATING EXPENSES 58,365 47,208 . -11,157 80.88% TOTAL 68,336 53,613 -14,723 78.45%

CODE ENFORCEMENT:


OPERATING EXPENSES 10,796 2,335 -8,461 21.63% TOTAL 41,800 6,456 -35,344 15.44%

POLICE:

PERSONAL SERVICES 1,687,504 1,375,617 -311,887 81.52%


CAPITAL 4,789,000 61,103 -4,727,897 1.28%

PRIN ON DEBT 230,000 0 -230,000 0.00% TOTAL 7,152,655 1,840,887 -5,311,768 25.74%

PUBLIC WORKS:

PERSONAL SERVICES 369,595 277,997 -91,598 75.22% OPERATING EXPENSES 293,076 204,467 -88,609 69.77% CAPITAL 3,145,501 157,432 -2,988,069 5.00% TOTAL 3,808,172 639,896 -3,168,276 16.80%

RIGHT OF WAY MTCE:



TOTAL 211,875 137,088 -74,787 64.70%

3



OVER TO


DISASTERS:

PERSONAL SERVICES 0 1,699 1,699 (note 1)

OPERATING EXPENSES 0 1,492 1,492 (note 1)

TOTAL 0 3,191 3,191

PARKS & RECREATION: PERSONAL SERVICES 164,484 137,131 -27,353 83.37%

OPERATING EXPENSES 51,950 51,839 -111 99.79%

CAPITAL 353,000 54,989 -298,011 15.58%

TOTAL 569,434 243,959 -325,475 42.84%

EQUIPMENT MTCE:



EQUIPMENT 11,000 · 4,121 -6,879 37.46%

TOTAL 151,482 121,371 -30,111 80.12%

GRAND TOTAL All DEPARTMENTS 14,218,477 4,390,510 -9,827,967 30.88%

Note 1: These are storm expenses incurred and will require a budget adjustment for

the expenses as well as revenues for FEMA reimbursement.

4


REVENUES:

OPERATING REVENUES

RESERVES

INTEREST

OTHER REVENUES

TOTAL REVENUES

EXPENSES:

PERSONAL SERVICES

OPERATING EXPENSES

CAPITAL

OTHER EXPENSES

COST ALLOC/TRANSFERS

TO BE APPROPRIATED

DEBT

TOTAL EXPENSES

REVENUES:

OPERATING REVENUES

RESERVES

INTEREST

OTHER REVENUES

TOTAL REVENUES

EXPENSES:

PERSONAL SERVICES

OPERATING EXPENSES

CAPITAL

OTHER EXPENSES


TO BE APPROPRIATED

DEBT

TOTAL EXPENSES

sheath

UTILITY FUND


AS OF JULY 31, 2012

84% OF YEAR

VARIANCE %

BUDGET ACTUAL OVER ACTUAL

-UNDER BUDGET TO BUDGET

ELECTRIC FUND

13,915,440 10,206,653 -3,708,787 73.35%

1,799,200 391,000 -1,408,200 21.73%

35,200 2,656 -32,544 7.55%

230,000 80,678 -149,322 35.08%

15,979,840 10,680,987 -5,298,853 66.84%

563,148 427,551 -135,597 75.92%

11,482,127 8,354,842 -3,127,285 72.76%

1,747,700 413,909 -1,333,791 23.68%

25,500 46,713 21,213 183.19%

1,638,933 1,349,111 -289,822 82.32%

246,000 0 -246,000 0.00%

276,432 55,579 -220,853 20.11%

15,979,840 10,647,705 -5,332,135 66.63%

WATER FUND

1,276,000 999,598 -276,402 78.34%

34,500 34,500 0 100.00%

6,050 747 -5,303 12.35%

78,250 32,761 -45,489 41.87%

1,394,800 1,067,606 -327,194 76.54%

447,853 334,328 -113,525 74.65%

313,680 209,376 -104,304 66.75%

280,600 182,524 -98,076 65.05%

3,000 4,467 1,467 148.90%

174,085 135,415 -38,670 77.79%

2,485 0 -2,485 0.00%

173,097 25,002 -148,095 14.44%

1,394,800 891,112 -503,688 63.89%

5

revenue and expenses report july 2012.xlsx 12:35 PM8/30/2012

REVENUES:

OPERATING REVENUES

LOAN PROCEEDS

INTEREST

OTHER REVENUES

TOTAL REVENUES

EXPENSES:

PERSONAL SERVICES

OPERATING EXPENSES

CAPITAL

OTHER EXPENSES


TO BE APPROPRIATED

TOTAL EXPENSES

REVENUES:

OPERATING REVENUES

LOAN PROCEEDS

INTEREST

SALE OF SURPLUS

LOAN PROCEEDS

RESERVES

OTHER REVENUES

TOTAL REVENUES

EXPENSES:

PERSONAL SERVICES

OPERATING EXPENSES

CAPITAL

OTHER EXPENSES

DEBT


TOTAL EXPENSES

VARIANCE %



WASTEWATER FUND

1,400,700 1,073,307 -327,393 76.63%

IJ65,000 0 -lJ65,000 0.00%

5,100 354 -4J46 6.94%

36,100 21,195 -14,905 58.71%

3,206,900 1,094,856 -2,112,044 34.14%

415,443 342,249 -73,194 82.38%

566,080 391,366 -174J14 69.14%

1,975,000 68,859 -1,906,141 3.49%

3,600 4,467 867 124.08%

188,443 136,481 -51,962 72.43%

58,334 0 -58,334 0.00%

3,206,900 943,422 -2,263,478 29.42%

SOLID WASTE FUND

855,850 679,667 -176,183 79.41%

800 221 -579 27.63%

0 102,928 102,928 (note 1)

191,000 190,182 -818 99.57%

117,996 15,886 -102,110 13.46%

38,000 18,195 -19,805 47.88%

1,203,646 1,007,079 -196,567 83.67%

286,017 225,530 -60,487 78.85%

430,088 315,842 -114,246 73.44%

308,996 308,996 0 100.00%

1,000 2,233 1,233 223.30%

50,103 37,287 -12,816 74.42%

127,442 84,961 -42,481 66.67%

1,203,646 974,849 -228,797 80.99%

Note 1: Will require a budget adjustment for the revenue. 6


VARIANCE %



CUSTOMER SERVICE FUND

REVENUES:

TRANSFERS FROM OTHER UTILITIES 388,120 323A33 -64,687 83.33%

RESERVES 26,086 0 -26,086 0.00%

TOTAL REVENUES 414,206 323A33 -90,773 78.09%

EXPENSES:



TOTAL EXPENSES 414,206 318A14 -95,792 76.87%

7


REVENUES:

OPERATING REVENUES

INTERLOCAL AGREEMENT

RESERVES

TOTAL REVENUES

EXPENSES:

PERSONAL SERVICES

OPERATING EXPENSES

RENTAL ASSISTANCE PAYMENTS

CONTINGENCY

TOTAL EXPENSES

PUBLIC HOUSING FUND


AS OF JULY 31,2012

84% OF YEAR

BUDGET ACTUAL VARIANCE

OVER

% ACTUAL

TO


1,064,797 · 952,931 111,866 89.49%

52,000 52,000 o 100.00%

15,197 0 15,197 0.00%

1,131,994 1,004,931 127,063 88.78%

123,983 102,415 21,568 82.60%

42,860 26,682 16,178 62.25%

960,151 866,484 93,667 90.24%

5,000 0 5,000 0.00%

1,131,994 995,581 136,413 87.95%

8

CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT

FOR MEETING OF SEPTEMBER 4,2012

SUBJECT: REVIEW OF A SITE DEVELOPMENT PLAN FOR REDEVELOPMENT OF THE PROPERTY LOCATED AT 820 NORTH ORANGE AVENUE

APPLICANT:

OWNER:

PROPERTY LOCATION:

FILE NO.:

PARCEL NO.

CURRENT ZONING:

GS Legal Center LLC 1945 Quaker Ridge Drive Green Cove Springs, Florida 32043

Tod and Michelle Sweatland 1945 Quaker Ridge Drive Green Cove Springs, Florida 32043

820 North Orange Avenue

2012-PZ-15

017616-000-00

GCC - Gateway Corridor Commercial

FUTURE LAND USE DESIGNATION: CHI, Commercial High Intensity

SURROUNDING LAND USE:

STAFF COMMENTS:

North - Office Building South - Commercial East - Residential West - Institutional

The applicant is proposing to renovate the existing structures and redevelop the site located at 820 North Orange Avenue for office and commercial development. The site will have two entrances on US 17 and one entrance on Magnolia Avenue. The entrances on US 17 will be right turn in and right turn out only. The applicant is proposing 28 parking spaces and two handicapped accessible parking spaces, one to serve each building. The site will be landscaped to meet the Gateway Corridor requirements. There will be one monument sign on US 17 to serve the development. The applicant may provide funds to the City in lieu of constructing a sidewalk on Magnolia Avenue.

STAFF RECOMMENDATION:

Staff recommends approval of the site development plan dated August 23rd with the following conditions for the approval of the site development plan:

1. The applicant shall submit survey of the site which will identify the closest fire hydrant to the site.

2. The access for US 17 shall be right turn in and right turn out only, with stop signs, stop bars at all exits.

3. Dumpster location shall be approved by the Public Works Department. 4. A 10 foot landscape strip shall be provided along all right of ways or the alternate

"6-6'6' design along US 17. 5. Parking shall be as required by the Land Development Regulations of 1 space for

each 333 s.f. of non-storage area. There shall be 2 handicapped spaces provided, one for each building.

6. Electric service can be separated in the future to serve a future restaurant. 7. The parking areas and driveways shall be resealed and restriped. 8. Construct a 6-foot sidewalk along Magnolia Avenue or the applicant shall pay

into the sidewalk mitigation fund, the value equal of the cost of constructing the 6-foot sidewalk along Magnolia Avenue.

9. Pervious surface minimum 20% shall be provided on the site. 10. Electric schedule to be provided to Electric Department prior to application of the

building permit for build out of the structures. 11. The lighting in the rear shall be improved to provide security. 12. The backflow preventer on the site shall be tested prior to occupancy. 13. Final site drawings (civil, landscaping, and irrigation) shall be approved by the

City staff prior to application for a building permit. All staff comments must be complied with.

PLANNING AND ZONING BOARD RECOMMENDATION: At the August 23, 2012 Planning and Zoning Board meeting a motion was made to recommend City Council approval of 2012-PZ-15, a Site Development Plan for the property located at 820 North Orange Avenue, with compliance with the conditions listed in the staff recommendations. The motion was approved 5-0.

MOTION: To approve of 2012-PZ-15, a Site Development Plan for the redevelopment of the property located at 820 North Orange Avenue with compliance with the conditions listed in the staff recommendations based on the site plan dated August 23,2012.

SUBMITTED BY:

J IS K. Fleet, AICP Development Services Director

APPROVED BY:

CITY OF GREEN COVE SPRINGS 321 Walnut Street

Green Cove Springs, FL 32043 (904) 529-2200 ext. 315

(904) 529-1049 (fax)

APPLICATION FOR SITE DEVELOPMENT PLAN OFFICE USE ONLY

FilingFee #/dv~--.. ;

Date: --.:::8===----< =-"_9--,-" ~_ ------.:l_L-__

1. Applicant Name: GS L~\ C£v",-\-cer-lLC-Phone: jo4~ S 2~\ -J~ 'LG C-J

Address: ,°\45 (~ \;uyJLEl_\~ ~el r'~({J Dr City/Zip: c:~,( S , E l - , "<:-2_0 Lf'? 2. OwnerName: -1bd ~-~'f\\ck~tt~ 5"J~u..1~CI...~ Phone: '1.cLt-- '1.--\ Cl- L~S 3'

Address: ~vv~ City/Zip: __________ _

~ "0 ~I I~ J\ ~vC" ,_~ CI ..... r1 (~'\u:_ '1. 3. Property Location: 6 L ~ ' .\..1 ~ U {'-tJ~~ F\,i...Je_ ~"J \-- L....--- v L.-J<-' \. J G

4. Legal Description: ______________________ _

5. Present use of Property: (')·Rl,rCE_$ "I A(,d~ D u,j (0v~ (; ",-,;(2 6. Parcel #: (;) r '7 (0 [Ca .. O<:')j 7?',zoning: 8. Comp Plan: _____ _

9. Character of proposed development (Described all proposed uses)

a. Total area of site: I. 0 6 4- c Acres/Dimensions of Lot % of Total

1. Residential, Single 2. Residential, Multi-Family 3. Residential, Other

~Co~ 5. RecreatIOn & Open Space 6. Parking (No. of spaces) ~4

b. No. of Residential Units: ----c. Square footage of other uses: ___ _ d. ~::;:~t~~:~~~:: area in landscaping: ZD% e.

UNDER PENALTY OF PERJURY, I HEREBY CERTIFY THAT ALL ABOVE STATEMENTS ARE TRUE AND CORRECT:

~~~7 ~g_-&~l-~t'_L ______ _ S~ Date

-rDO ' 0WsAIL-f~tJ D Printed or typed name Date

City Staff shall provide the following to the applicant upon request of an application:

• Application, Forms and Attachments • Planning and Zoning Regulation Booldet ($10.00 cost), if applicable g Advise Applicant to contact the st. Johns River Water Management District, if applicable " Explain the Site Development Review Process

The applicant shall submit the following:

6) A completed Application, Legal Description and Address of the Property, Attachments • Seven (7) copies of the Site Development Plan • Legible and designed to scale • One (1) reduced copy measuring no greater than 11 x 17 inches. • Submit a minimum of 21 days prior to the regular Planning and Zoning Board meeting. Q Letter of Intent providing specific details as to the Site Development Plan Q Letter of Authorization, if not property owner o Property Deed " Providing other applicable Board applications as necessary, Tree Conservation or Variance GI Attending the Planning and Zoning Board and City Council meetings

Payment of a Non-Refundable Application Fee based upon the following schedule (R-07-2000):

Up to 5,000 square feet $ 125.00 5,001 to 11,000 square feet oflot area $ 250.00 11,001 to 22,000 square feet oflot area $ 500.00 22,001 to 33,000 square feet oflot area $ 750.00 33,001 or greater square feet oflot area C:::$],OOO.O])

Min $125.00 and Max being $1,000.00 Rate in between @ $.05 per s.f. IN ADDITION TO THE ABOVE APPLICABLE FEE, THE APPLICANT SHALL PAY ALL CONSULTANT FEES, INCLUDING BUT NOT LIMITED TO, ENGINEERlNG, ATTORNEY AND SURVEYING THAT THE CITY MAY INCUR OR REQUIRE DURING REVIEW OF THE PROPOSED SITE DEVELOPMENT PLAN.

(Fees for review, including substantial amendments or revisions, subsequent to the initial review shall be at the rate of Yz of the above respective fee.)

The Site Development Plan must provide the following:

Plans, Design standards and Method specification, however, is not limited to the following: depending upon the site and land use conditions. Staff may require additional information to review impacts of the proposed Site Development Plan on the City. Additional sheets may be necessary.

1. Grades and contours 2. Elevations, floor plans, total square footage and use of all building and structures: provide square

footage pervious area. 3. Landscaping and Tree Preservation for all existing trees: any trees proposed to be removed requires a

permit from the Tree Conservation Board.

4. Location and design of all outside solid waste disposal facilities: all dumpsters must be enclosed by an opaque concrete, brick or chain link fence with screening ribbon structure.

5. All curb cuts, driveways, parking areas, loading area, tum lanes and proposed surface materials of these areas; circulation and traffic flow plan.

6. All adjacent streets and right of ways, pedestrian sidewalks, bicycle paths, walls, yards open spaces and other traffic altemative routes.

7. Location, site, design, height and orientation of all signs. 8. Location, height, design of all walls, fences and other accessory uses. 9. Landscaping plan depicting landscape buffers, type of landscape plants and materials. 10. Front, side and rear yard setback lines with dimensions. 11. All access, utility and drainage easements with dimensions. Any other easements and purpose. 12. Drainage, water, sewer, fire protection: location of all drainage, drainage outfall, water, sewer

connections, backflow preventers and fire hydrants. 13. Lighting plan. 14. Adjacent property uses. 15. North Anow, Project Name, Project Location Map, Date of Plans, Name of Drawing/Aliist. 16. Copy of st. Johns River Water Management District Application, Letter of Exemption or other proof

proj ect is exempt. 17. Copy of Department of Environmental Protection Application, Letter of Exemption or other proof

project is exempt. 18. Connection to existing utilities. 19. Indicate type of electric service, i.e. Three Phase or Single Phase; proposed demands, load demand,

and voltage. The Electric Depmiment shall detelmine where the connection will be made.

Site Development Plans not providing the minimum information shall be determined INCOMPLETE and shall not be further reviewed until determined complete.

The Site Development Review Team will review the application prior to it being scheduled before the Planning and Zoning Board. The Planning and Zoning Board regularly meets the fourth Thursday of each month at 5:00 P.M. The Site Development Plan will be scheduled before the City Council with Planning and Zoning Board recommendation.

Applicants Signature Aclmowledging the Information Listed Above

CFN # 2012041346, OR BK 3434 Pages 2034 - 2038, Recorded 08/02/2012 at 12:09 PM, James B. Jett Clerk Circuit Court, Clay County, Doc. D $3500.00 Deputy Clerk WESTA

Prepared by and Return to: Frederick R. Brock, Esquire Gartner, Brock and Simon 1660 Prudential Drive Suite 203 Jacksonville, Florida 32207

SPECIAL WARRANTY DEED

THIS DEED, made as of the ~ay of July, 2012, by and between AMERIS BANK, a Georgia banking corporation, whose address is 225 South Main Street, Moultrie, Georgia 31768 (the "Grantor") and GS LEGAL CENTER, LLC, a Florida limited liability company, whose address is 1945 Quaker Ridge Drive, Green Cove Springs, Florida 32043 (the "Grantee");

WIT N E SSE T H:

That Grantor, for and in consideration of the purchase price and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to the Grantee, its heirs, successors and assigns, forever, those certain tracts or parcels ofland, situate, lying and being in the County of Clay, State of Florida, more particularly below and by this reference incorporated herein, subject only to those matters set forth on Exhibit B hereto;

Real Estate No. 38-06-26-017616-000-00

Exhibit "A" See Attached

TO HAVE AND TO HOLD the same in fee simple; and the said Grantor hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise.

1

OR BK 3434 PG 2035

IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal, the day and year first above set out.

Signed, sealed and delivered in the presence of:

AMERIS BANK, a Georgia banking corporation

By:.~~~~~~~~~~~ David Aldridge, Vic

BY:~> Teresa Jones, Vice President

STATE OF GEORGIA "';,,, COUNTY OF E1\~nV\

The foregoing instrument was acknowledged before me thisa~day of July, 2012, by David Aldridge, as the Vice President of Ameris Bank, a Georgia banking corporation, on behalf of the bank, who is either ~ personally known to me or ( ) has produced ______ identification.

2

OR BK 3434 PG 2036

3

"""''''''''' _--- eEN4.s- '-• .. "' •••••••• (b _. -I.¥f-:....:......:~----:'~'--T;;--~. .' '" ,~ •

, .' .0 ~AIi,;.... f~ Notary Public, St te and ~ I _0_ \ ~ County Aforesai ~ \ /:l ~u II) i ~ ~ My Commission Expires: If .... ~ ua '),~"C3!

•• ~ o.:t,(J /vIa'/ ",> •• ' ~, ,." • <" ••. ~ .•..... ~'\ ..:' -'"NN COtJ .,,-\\,,,,,-,",--

OR BK 3434 PG 2037

EXHIBIT "A"

PARCEL 1; LOT 2 AND A PORTION OF LOTS 1 AND 3, BLOCK 14, NORTH SUBURBS OF GREEN COVE SPRINGS, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 1, PUBLIC RECORDS OF CLAY COUNTY, FLORIDA, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF SOUTHWESTERLY RIGHT-OF-WAY LINE OF CLAY STREET (AS NOW ESTABLISHED) WITH THE NORTHEASTERLY RIGHT-OF-WAY OF ORANGE STREET (U.S. HIGHWAY NO. 17 AS NOW ESTABLISHED); RUN THENCE IN A NORTHWESTERLY DIRECTION AND ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF ORANGE STREET, 125 FEET TO A POINT FOR THE POINT OF BEGINNING; RUN THENCE IN A SOUTHEASTERLY DIRECTION AND ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF ORANGE STREET, 125 FEET TO A POINT, SAID POINT ALSO BEING THE AFORESAID POINT OF COMMENCEMENT; RUN THENCE IN A NORTHEASTERLY DIRECTION AND ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CLAY STREET, 150 FEET TO A POINT; RUN THENCE IN A NORTHWESTERLY DIRECTION 59.09 FEET TO A POINT, SAID POINT BEARING IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 134.61 FEET FROM POINT OF BEGINNING; RUN THENCE IN A SOUTHWESTERLY DIRECTION 134.61 FEET TO THE POINT OF BEGINNING. (EXCEPT PART RECORDED IN OFFICIAL RECORDS BOOK 2089 PAGE 2032)

PARCEL 2; A PARCEL OF LAND CONSISTING OF ALL OF LOTS 4, 5, 6, 7 AND 10, AND A PORTION OF LOTS 1 AND 3, BLOCK 14, NORTH SUBURBS OF GREEN COVE SPRINGS, CLAY COUNTY, FLORIDA, ACCORDING TO PLAT BOOK 2, PAGE 1, OF THE PUBLIC RECORDS OF SAID COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGIN AT THE INTERSECTION OFTHE NORTHWESTERLY LINE OF CLAY STREET WITH THE SOUTHWESTERLY LINE OF MAGNOLIA AVENUE; THENCE ON LAST SAID LINE NORTH 60 DEG. 32 MIN. 18 SEC. WEST, 258.00 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 7; THENCE ON LAST SAID LINE SOUTH 54 DEG. 01 MIN. 58 SEC. WEST, 141.50 FEET TO THE NORTHEASTERLY LINE OF ORANGE AVENUE; THENCE ON LAST SAID LINE SOUTH 36 DEG. 28 MIN. 28 SEC. EAST, 234.00 FEET; THENCE NORTH 53 DEG. 14 MIN. 17 SEC. EAST, 134.61 FEET; THENCE SOUTH 36 DEG. 16 MIN. 58 SEC. EAST, 59.09 FEET TO THE NORTHWESTERLY LINE OF CLAY STREET; THENCE ON LAST SAID LINE NORTH 27 DEG. 10 MIN. 20 SEC. EAST, 125.29 FEET TO SAID POINT OF BEGINNING. (EXCEPT PART RECORDED IN OFFICIAL RECORDS BOOK 2089 PAGE 2032)

4

.~ .

-,,;

OR BK 3434 PG 2038

EXHIBIT 'B' PERMITTED EXCEPTIONS

1. Taxes and assessments for the year 2012 and subsequent years, which are not yet due and payable.

2. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of NORTH SUBURBS OF GREEN COVE SPINGS, as recorded in Plat Book 2, Page(s) 1, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).

5

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Revi5ed AuCj. 2?, 2012


FOR MEETING OF SEPTEMBER 4, 2012

SUBJECT: Approval of Ordinance No. 0-10-2012, an Ordinance authorizing the leasing and use of portions of the City Pier for long and short-term dockage by recreational and commercial vessels.

SUMMARY: The City has been approached by the owner of the Annabelle Lee to utilize a portion of the City Pier on a temporary basis for river cruises. The City is not being requested to expend any funds for the foreseeable future other than addressing minor electrical issues. This Ordinance will authorize the City Council by subsequent Resolution to approve the Lease or Use Agreement between the City and owner of the Annabelle Lee so that a pilot program may be initiated to determine the feasibility of having a cruise line vessel docked at the City Pier. Obviously, this must be a win-win for each party. The vessel owner has requested that he be allowed to have the temporary use of a portion of the City Pier for a time certain without any requirement by the City that additional improvements be made to the Pier. Should the owner determine after a trial period that this arrangement is financially feasible, then in such event, the City may address long-term renovations such as additional pilings for the long term dockage of this and other similar vessels.

FISCAL IMPACT: There may be some small expenditure necessary to upgrade the electrical connections at the City Pier, but otherwise there should be no other fiscal impact to the City at this time. It is anticipated that the vessel owner will be responsible for water, wastewater, solid waste and electrical charges and that will be addressed in the Lease Agreement when presented to the City Council.

RECOMMENDATION: Staff recommends adoption of the attached Ordinance No. 0-10-2012 for authorization to move forward with this project.

MOTION: To approve on first reading Ordinance No. 0-10-2012 and direct City staff to continue negotiations with the Annabelle Lee owner for establishment of a pilot dockage program at the City Pier and report back to the City Council.


ORDINANCE NO. 0-10-2012

AN ORDINANCE OF THE CITY COUNCIL OF GREEN COVE SPRINGS, FLORIDA, AUTHORIZING THE LEASING AND USE OF PORTIONS OF THE CITY PIER; PROVIDING FOR AN APPROVAL PROCESS FOR CERTAIN LEASES; AND PROVIDING FOR REPEALER, SEVERABILITY, AND SETTING AN EFFECTIVE DATE.

WHEREAS, Section 2.12 of the City Charter requires passage of an Ordinance to conveyor lease City land; and

WHEREAS, the City desires to continue providing temporary dockage for pleasure boats at the City Pier; and

WHEREAS, City Code Section 50-34, entitled "Fees, determination by City", set forth in Chapter 50, Parks and Recreation, appears to give authority for leasing certain equipment and personal property and further authorizes the City Council to set charges and fees for such use and "facilities"; and

WHEREAS, City Code Section 50-1 defines "Recreational Facility" to mean a facility for recreational purposes on property owned, leased or used by the City; and

WHEREAS, City Code Section 50-81 refers to passage of an Ordinance to regulate the use of City parks and facilities; and

WHEREAS, the City Council desires to clarify these Code sections by passage of this Ordinance; and

WHEREAS, the City desires to hereby authorize the potential long-term dockage or leasing of portions of the City Pier for use by large cruise line vessels; and

WHEREAS, the City Council determines that the terms and conditions of the dockage or lease agreement may be approved by City Council Resolution hereafter.

NOW, THEREFORE, BE IT ENACTED BY THE CI'IY COUNCIL OF GREEN COVE SPRINGS, FLORIDA AS FOLLOWS:

Section 1 Pursuant to City Charter Section 2.12, the City hereby authorizes the leasing for long or short-term dockage of pleasure or commercial vessels at certain locations of the City Pier.

Section 2. The precise terms and conditions, including the location of commercial and pleasure boat dockage, shall be approved by Resolution of the City Council.

Section 3. REPEALER. All Ordinances or part of Ordinances in conflict herewith be and the same are hereby repealed.

Ordinance No. 0-to-2012

Page 2 Of2

Section 4. SEVERABILITY. The various parts, sections and clauses of this Ordinance are hereby declared severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.

Section 5. The City Manager or City Attorney are hereby authorized to determine the appropriate section of the City Code to codify this Ordinance.

Section 6. Effective Date. This Ordinance shall become effective upon passage.

INTRODUCED AND PASSED AS TO FORM ONLY ON THE FIRST READING BY THE CITY COUNCIL OF GREEN COVE SPRINGS, FLORIDA, THIS 4TH DAY OF SEPTEMBER, 2012.


By: __________ ~-------------------Pamela J. Lewis, Mayor

ATTEST: ________________________ __ F. Lee Bentley, City Clerk

PASSED ON SECOND AND FINAL READING BY THE CITY COUNCIL OF GREEN COVE SPRINGS, FLORIDA, THIS DAY OF SEPTEMBER, 2012.


By: ______________________________ __

ATTEST: ________________________ __ F. Lee Bentley, City Clerk

APPROVED AS TO FORM:

L. J. Arnold III, City Attorney

Pamela J. Lewis, Mayor



SUBJECT: Extension of Territorial Agreement ("TA") between City and Clay Electric Cooperative, Inc. ("Clay").

SUMMARY: The City and Clay had a twenty (20) year territorial agreement that has expired. Clay has proposed an evergreen type form for the extension of the T.A. A copy of pertinent corresponde~ce and Clay's proposal are attached. City staff has studied the issue and fmds that another twenty (20) year term would be in the City's best interest. Other terms and conditions would remain the same as the initial agreement which is also attached.

FISCAL IMPACT: None, other than requirements already set forth in the initial T.A.

RECOMMENDATION: Request that Clay extend the T.A. for an additional twenty (20) year term upon the same terms and conditions as the initial T.A.

MOTION: Move to accept staff recommendation, offer to extend the Territorial Agreement with Clay Electric Cooperative, Inc., for an additional twenty (20) years and authorize the execution of any documents required to be filed with the Florida Public Service Commission.


c;;;:) L.~' III, City Attorney Danielle J. Judd

City of Green Cove Springs Mail - Clay Tenitorial Agreement Page 1 of2

Danielle Judd <[email protected]>

Clay Territorial Agreement 3 messages

L. J. Arnold, III <[email protected]> Tue, Ju110, 2012 at 10:23 AM To: Danielle Judd <[email protected]>, Gregg Griffin <[email protected]>

Danielle,

Fred Bryant with FMPA just called me back following his return from vacation. His best advice is that we counter with the same 20 year term as our most recent agreement. He can think of no good or logical reason why it would be in our best interest to accept the proposed term offered by Clay. He said he would be glad to speak with you at your convenience. After considering the alternative, I concur with Fred. If we were to ever sell off part of our system, it is likely more valuable with a definite term for the territorial agreement. Let me know if you need anything further from me at this time. I will return from vacation on next Tuesday morning.

Jim

L. J. Arnold III Attorney at Law

Arnold Law 718 North Orange Avenue P.O. Box 1570 Green Cove Springs, FL 32043 Phone: (904) 264-3627 Fax: (904) 284-5937

www.ArnoldLawyers.com

Danielle Judd <[email protected]>

To: "L. J. Arnold, III" <[email protected]> Cc: Gregg Griffin <[email protected]>

Jim Yes, I agree to remain at the 20-years, hence my earlier e-mail.

Wed, Aug 8, 2012 at 5:44 PM

Let me know what agenda works best for you to get before Council. Since you spoke directly with Clay's attorney, I will presume that you will give him a call and let him know that we need to go back to 20-year term .

. https:llmail.google.com/maill?ui=2&ik-97a 723 9c8f&view=pt&cat=Clay%... 8/30/2012

City of Green Cove Springs Mail - Clay Tenitorial Agreement

Just give me a call when it is ready for Council action.

thanks, d

[Quoted text hidden]

Danielle J. Judd, City Manager City of Green Cove Springs 321 Walnut Street Green Cove Springs, FL 32043 Phone: 904 529-2200 Fax: 904 529-2208 [email protected] www.greencovesprmgs.com

L. J. Arnold, III <[email protected]> To: Danielle Judd <[email protected]>

Page 2 of2

Fri, AL

Yes I will tell him that is our recommendation to the City Council and I will advise him after Wi

Jim

L . J . Arnold III Attorney at Law

Arnold Law 71 8 North Orange Avenue P.O. Box 1570 Green Cove Springs, FL 32043 Phone : (904) 264 - 362 7 Fax : (904) 284-5937

www . ArnoldLawyers . com



No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2197 / Virus Database: 2437/5186 - Release Date: 08/08/12

https://mail.google.com/maill?ui=2&ik=97 a 723 9c8f&view=pt&cat=Clay%... 8/30/2012

Re: Territorial Agreement from Clay

10f3

Subject: Re: Territorial Agreement from Clay From: Danielle Judd <[email protected]> Date: 7/2/2012 2:51 PM To: ilL. J. Arnold, III" <[email protected]>

Jim Will call you now.. My concern is that he has already gone to his Board. Also on one of the docs, (Petition) he has you signing for the City which I know you would have not agreed to and further all notices going toyou only and not the City, too.

Hence my questions.

d

On Mon) Jul 2, 2012 at 2:36 PM, l. J. Arnold, III <[email protected]> wrote:

I Danielle,

i Nothing was agreed as I stated to you this morning. I well know I have no authority to I bind the City regarding this topic. The attorney called me several weeks ago to tell me he ! was going to propose to the City an indefinite extension of our Territorial Agreement. I I ! advised you at that time that' had heard from Clay and yOI} indicated to me the City may I not be in favor of that type extension. I cannot keep him from going to his Board any ! more than he could have kept us from doing the same on our end. 'will research and I see where he is coming from. Please give me a call to discuss at your convenience. Just a , '

i reminder, I have a callinto Fred Bryant with FMPA for his take on this type of extension I and the possible pitfalls to the City. !

i

I Jim l I L. J. Arnold III I Attorney at Law ! I

"

Ar'nold Law . 718 North Orange Avenue ! P.O. Box 1570

II Green Cove Springs, FL 32043

Phone: (904) 264-3627 Fax: (904) 284-5937

www.ArnoldLawyers.com

I On 7/2/20121:29 PM, Danielle Judd wrote:

Jim , have not had a chance to go through the back-up that you dropped off today. However, "must say I am surprised in that the cover letter says .. "We have taken it to

7/2/2012 3:11 PM

Re: Territorial Agreement from Clay

20f3

the Board on June 28th and provided you with executed copies:'???

It appears as though they understood that the City would accept this change in total .. Again I have never seen the document and have had no conversations with Clay Electric with regards to this language whatsoever.

What was agreed to and by whom?

Please advise, thanks, d

Danielle J. Judd, City Manager City of Green Cove Springs 321 Walnut Street "" Green Cove Springs, FL 32043 Phone: 904 529-2200 Fax: 904 529-2208 [email protected] www.greencovesprings.com

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Danielle J. Judd, City Manager City of Green Cove Springs 321 Walnut Street Green Cove Springs, FL 32043 Phone: 904529-2200 Fax: 904 529-2208 [email protected] www.greencovespnngs.com

No virus found in this message.

7/2/2012 3:11 PM

Re: TemtortalAgreement from Oay

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30f3 7/2/20123:11 PM

L ..... ARNOLD III LICENSED IN FLORIDA

L.JARNOLO [email protected]

John H. Haswell, Esquire

ARNOLD LAW ATTORNEYS AT LAW

P. D. BOX 1570 • 718 N. ORANGE AVENUE

GREEN COVE SPRINGS, FLORIDA 32043-1570

PHONES: (904) 264-3627

FACSIMlL.E: (904) 284-5937

ARNOLDLAWYERS. COM

August 15,2012

Chandler, Lang, Haswell & Cole, P.A. P.O. Box 5877 Gainesville, Florida 32627-5877

RE: Territorial Agreement between the City of Green Cove Springs and Clay Electric Cooperative, Inc.IRenewal

Dear Mr. Haswell:

L. .... ARNOLD IV LICENSED IN FLORIDA & HAWAII

[email protected]

I acknowledge receipt of your letter of June 29, 2012, with enclosures.' After our earlier · conversation conceriring your client's position, I expected to receive a written proposal to take to . my City Manager and City Council for their response, but not a formal Joint Petition and Third Amendment to the Territorial Agreement approved by your Board. During our telephone conversation follow your letter, you indicated that your client was under the .impression that Clay's proposal was acceptable. Unfortunately, . that was not accurate . .

Mter now conferring with my City Manager and others, we will be recommending to the City Council that we do a twenty (20) year extension of our Territorial Agreement. Of course, the final decision will be made by the City Council.

Feel free to give me a call at yourGonv~ni~nce.

LJAIII:lk cc: City Manager

Mayor City Council Electric Utility Director

EsrA8L1SHED IN 1973

JOHN H. HASWELL

C. WHARTON COLE'

'OF COUNSEL

L. J. Arnold, ill, Esq. P.O. Box 1570

LAW OFFICES

CUANDLJiJR. LANG, HASWELL & COLJ<J, P.A. POST OFFICE BOX 5877

GAI:NJ<~SVIJ.JJJJl:. l!-'J~ORIDA 32627-5877

June 29,2012

Green Cove Springs, FL 32043

TELEPHONE 3521376-5226

FAX 3521372-8B58

726 N.E. FIRST STREET

GAINESVlLLE,fL 32601 -5367

JAMES F.LANG - RETIRED

WILLIAM H. CHANDLER

JUL ~ 2 2D12

Re: Territorial Agreement between the City of Green Cove Springs .elf'{ Of GREEN COVE SPRINGS and Clay Electric Cooperative, Inc.fRenewal CITY MANAGERS OffiCE

Dear Mr. Arnold:

I am enclosing herewith four (4) duplicate originals of the Third Amendment to the Territorial Agreemept already signed by Clay Electric Cooperative, Inc. The Board of Clay Electric approved it at their regular Board meeting on June 28,2012. Also enclosed is a Joint Petition for Renewal of Territorial Agreement and Approval of a Third Amendment which I have signed in duplicate. Please let me know if you have any comments or questions about the'Joint Petition. If the City Council approves the Third Amendment, please send me back two (2) completely signed duplicate originals and retain two (2) for your files. Also, then sign the Joint Petition for Renewal of Territorial Agreement and send me back an original signed one, to which I will then attach the exhibits referenced therein. .

By separate email attachment, I am sending you a complete copy of what the Joint Petition for Renewal will look like with all exhibits attached, except that the Third Amendment to that set will only show Clay Electric's signature. We will substitute a completely signed Third Amendment when I get it back from you.

Once I have in my possession the Third Amendment completely signed and the Joint Petition signed by you, I will then submit it to the Florida Public Service Commission, Office of Commission Clerk, for filing. After that, the Commission's staff will advise us as to the approval process and may submit interrogatories if they have any additional questions.

I look forward to hearing from you.

JHHlbh Enclosures

Very tru1YY

; fht. ,,;/} ohn H. aswell ~

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

In re: Joint Petition of Clay Electric Cooperative, Inc., and the City of Green Cove Springs for Renewal of their current Territorial Agreement as amended, and Approval of Amendment No.3, in Clay County

) ) ) ) ) )

Docket No. 911106-EU

Filed:

JOINT PETITION FOR RENEWAL OF TERRITORIAL AGREEMENT AND APPROVAL OF A THIRD AMENDMENT

Clay Electric Cooperative, Inc. ("Clay") and the City of Green Cove Springs, Florida

("Green Cove Splings"), by and through their imdersigned attomeys, hereby request the FIOlida

Public Service Commission ("Commission") to approve the renewal ofthe Tenitorial Agreement

("the Agreement") attached hereto as Exhibit 1, as previously amended by the First and Second

Amendments, which will allow the Petitioners to continue to provide electric service to their

customers as they have under the Agreement since 1992 and to approve the Third Amendment

attached hereto. In support ofthis Joint Petition, Clay and Green Cove Springs state as follows:

1. The names and mailing addresses of Petitioners are:

Clay Electric Cooperative, Inc. P.O. Box 308 Keystone Heights, FL 32656

City of Green Cove Springs 718 N. Orange Avenue, P.O. Box 1570 Green Cove Springs, FL 32043

2. All notices, communications, pleadings and orders should be directed to:

FOR CLAY ELECTRIC COOPERATNE, INC.:

John H. Haswell, Esq. Chandler, Lang, Haswell &' Cole, P.A. Post Office Box 5877 Gainesville, FL 32627-5877 Telephone: (352) 376-5226 Fax: (352) 372-8858

1

FOR THE CITY OF GREEN COVE SPRINGS:

L. J. Arnold, ill, Esq. City Attorney, Green Cove Springs 718 N. Orange Avenue, P.O. Box 1570 Green Cove Springs, FL 32043

3. Clay is an electric cooperative organized and existing under Chapter 425, Fla.

Stat., and is an electric utility as defmed in Section 366.02(2), Fla. Stat..

4. Green Cove Springs is a municipal government OTganized and existing under the

laws of the State of Florida, operates a municipal electric utility system, and is an electric utility

as defined in Section 366.02(2), Fla. Stat..

5. On September 19, 1991, Clay and Green Cove Springs entered into an

Agreement, which is attached to this Petition as Exhibit 1, in an effort to more accurately define

the parties' respective service territories. Because of the size of Exhibit "A" to the Agreement,

which is a detailed map of the geographic area where Clay and Green Cove Springs have

identified the "Clay/Green Cove Springs Elechic Service Boundary," a reduced version is

substituted to fit the 8Yz by 11 format. The original map is already on file with the Commission.

Exhibit B to the Agreement is a detailed legal description of the boundary line between the two

utilities, which is also on file with the Commission. The parties hereto are not requesting any

change to their boundaries as previously approved by the Commission.

6. The Agreement, the First Amendment and Second Amendment thereto were

approved by the Commission by its Order No. 25707 issued on Febmary 11, 1992, a copy of

which is attached hereto as Exhibit 2.

7. Clay and Green Cove Springs agree to renew the Agreement with one amendment

to the Agreement, as provided for in Exhibit 3, "Third Amendment to Territorial Agreement

between Clay Electric Cooperative, Inc. and the City of Green Cove Springs," the sole purpose

2

of which is to amend Section 6.1 of the Agreement entitled "Duration," to provide that the

Agreement shall continue in effect until altered, amended or terminated, after notice and hearing,

by the Commission.

8. The Agreement, as amended, represents a continuing effort by the parties to

minimize costs to their respective customers by avoiding mmecessary dUplication of their

respective electric distlibution facilities, and the parties deem it in the public interest that the

Agreement be renewed as amended, including approval of the new Amendment No.3.

9. No transfer of existing customers or facilities will occur as a result of the renewal

of the Agreement, nor as a result of approving the Third Amendment

10. Petitioners believe that the renewal of the Agreement and approval of the Third

Amendment is in the public interest.

WHEREFORE, Clay and Green Cove Springs respectfully requests that the Commission

enter an order approving the renewal of the cUlTently existing Territorial Agreement with its

Amendments No.1 and 2 and to approve the new Amendment No.3.

DATED this __ day of ______ , 2012.

J oJID H. aswell, Esq. qhandle , Lang, Haswell & Co ,P.A. P':&.-B6x 5877 Gainesville, FL 32627-5877 Telephone: (352) 376-5226 Fax: (352) 372-8858 Email: [email protected] For Clay Electric Cooperative, mc.

3

L. J. Arnold, ill, Esq. City Attorney, Green Cove Springs 718 N. Orange Ave., P.O. Box 1570 Green Cove Springs, FL 32043 Telephone: (904) 264-3627 Fax: (904) 284-5937 For the City of Green Cove Springs

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

In Re: Joint Petition of Clay Electric Cooperative, Inc. and the City of Green Cove Springs for Renewal of their Current Territorial Agreement, as amended, and Approval of Amendment No.3, in Clay County, Florida.

------------------------------~/

Docket No. 91 1106-EU

THIRD AMENDMENT TO TERRITORIAL AGREEMENT BETWEEN CLAY ELECTRIC COOPERATIVE, INC. AND

THE CITY OF GimEN COVE SPRINGS

. This is the Third Amendment to that certain Territorial Agreement dated September 19,

1991, between CLAY ELECTRIC COOPERATNE, INC. and the CITY OF GREEN COVE

SPRINGS. The Agreement and the First and . Second Amendments were approved by the

FLORIDA PUBLIC SERVICE COMMISSION by Order No. 25707 issued on February 11,

1992, in Docket No. 911106-EU.

1. Section 6.1 entitled "Duration" of the Agreement as amended provides for a 20-

year te1ID. The parties hereto desire to modify that provision to provide that the Agreement as

amended shall continue in effect until altered, amended or telIDinated by the Commission after

notice and hearing. Consequently, the parties do hereby modify Section 6.1 of the Territorial

Agreement, subject to the prior approval of the Commission, to read as follows:

"Section 6.1. This Agreement shall continue and remain in effect until altered, amended, or terminated by the Commission after notice and hearing."

2. Except as otherwise stated herein, the parties ratify and confinn the terms and

conditions of the Territorial Agreement dated September 19, 1991, as amended by the First and

Second Amendments.

Clay Electric/City of Green Cove Springs Third Amendment to Territorial Agreement Page 2

3. The date of this Agreement shall be the date that the last of the parties hereto

executes this Third Amendment, and the tenus hereof shall have no effect unless approved by the

Commission.

IN WITNESS WHEREOF, this Third Amendment to the Territorial Agreement between

CLAY ELECTRIC COOPERATNE, lNC. and the CITY OF GREEN COVE SPRINGS has

been caused to be executed in triplicate by the Cooperative in its name by its President, and its

corporate seal hereto affixed by the Secretary of the Cooperative, and by the City in its name by

its Mayor and its seal affixed hereto and attested by its Clerk on the dates as set forth by their

signatures, and each acknowledges receipt of a signed duplicate original hereof.

Date: ft -Z&-;I20(Z-

(CORPORATE SEAL)

Carl Malphurs, Sec

CITY OF GREEN COVE SPRINGS

By: ---------------------------- Date: -------------------Pam Lewis, Mayor

ATTEST: (SEAL)

City Clerk

Clay Electric/City of Green Cove Springs Third Amendment to Territorial Agreement Page 3

APPROVED:

Florida Public Service Commission

APPROVED AS TO FORM AND LEGALITY:

L. J. Arnold, III City Attomey City of Green Cove Springs

Date: -------------------

!

TERRITORIAL AGREEMENT

BETWEEN

CLAY ELECTRIC COOPERATIVE, INC.

AND THE

CITY OF GREEN COVE SPRINGS

SEPTEMBER 19th, 1991

AGREEMENT

section 0.1 THIS AGREEMENT, made and entered into this

/1itt day of ~~~f1~12 V

, 19.!!lL, by and be-tween

CLAY ELECTRIC COOPERATIVE, INC., an electric cooperative

organized and existing under the laws of the State of Florida

(herein called IICOOPERATIVEII) and the city of Green Cove springs,

a Municipal Government organized and existing under the laws of

the State of Florida (herein called ' the IICITY");

section 0.2 WHEREAS, the Cooperative by virtue 'of Florida

Statutes, Chapter 425, and the' Charter issued to it thereunder,

is authorized and empowered to furnish electricity and power to

its members, private individuals, corporations and others, as

defined by the laws of Florida, and pursuant to such authority,

presently furnishes electricity and power to members and

customers in areas of Clay County, Florida and ' elsewhere; and

section Or3 WHEREAS, the City, by virtue of the laws of Florida"

is authorized and empowered to furnish electricity and power to

persons, firms and corporations in the County of Clay, State of

Florida, and pursuant to such authority presently furnishes

electricity and power to customers in areas of Clay County,

Florida; and

2

section 0.4 WHEREAS, the respective areas of service of the

parties hereto are contiguous in many places in Clay County, with

the result that in the future duplication of service facilities

may occur unless such duplication is precluded by a Territorial

Agreement; and

section 0.5 WHEREAS, the Florida Public Service commission

(herein called the "COMMISSION"), has previously recognized that

any such duplication of service facilities may result in needless

and wasteful expenditures, may create hazardous situations; both

being detrimental to the public interest; and

section 0.6 WHEREAS, the Commission is empowered by section

366.04 (2)· (d), Florida Statutes, to approve and enforce

territorial agreements between electric utilities, and has

recognized the wisdom of ~uch agreements to avoid unnecessary and

uneconomic duplication of electric facilities, and costly

disputes over service areas, and that such agreements are in the

public interest; and

section 0.7 WHEREAS, the parties hereto desire to avoid and

eliminate the circumstances that may give rise to the aforesaid

duplications, hazards, and costly expenditures,and to that end

desire to establish territorial boundaries; and

3

section 0.8 WHEREAS, in order to accomplish said area allocation

the parties have delineated boundary lines in portions of Clay

County, hereinafter referred to as "Boundary Lines ll , and said

boundary lines define and delineate the retail service areas of

the parties in portions of Clay county;

section 0.9 NOW, THEREFORE, in fulfillment of the purposes and

desires aforesaid, and in consideration of the mutual covenants

and ' agreements herein contained, which shall be construed as

being interdependent, the parties hereto, subject to and upon the

terms and condit.ions herein set forth, do hereby agree as

follows:

4

ARTICLE I

DEFINITIONS

section 1.1 Territorial Boundary Lines - As used herein, the term

"Territorial Boundary Lines" shall mean boundary lines which

delineate the geographic areas on the county map attached hereto

as Exhibit "A" and which differentiate and divide the Cooperative

Territorial Area from the city Territorial Area as more

particularly describ~d in the legal description attached hereto

and marked Exhibit "B". In the event of any discrepancy behveen

Exhibit "A" and Exhibit "B", Exhibit "B" shall prevail.

section 1.2 Cooperative Territorial Areas - As used herein, the

"Cooperative" Territorial Areas shall·mean the geographic areas

shown as Exhibit "A" as lying outside the shaded areas and

labeled "Cooperative".

section 1.3 city Territorial Areas - As used herein, the term

"city" Territorial Areas shall mean the geographic areas shown on

Exhibit "A" as lying inside the shaded areas and labeled "city"o

5

section 1.4 Distribution Lines - As used herein, the term

"Distribution Lines" shall mean all lines for the · flow of

electric energy of either party having a rating up to but not

including 69 kv.

section 1.5 Express Distribution Feeders - As used herein, the

"Express Distribution Feeder" shall mean a three phase line, at

distribution voltage, that transports power through the ot her

party's territory but serves no load within such territory.

section 1.6 Transmission Lines - As used herein the term

"Transmission Lines" shall mean all lines for the flow of

electric energy of either party having a rating of 69 kv or over o

section 1.7 Customers - As used herein, the term "Customer" shall

mean a customer or consumer of either party.

section 1.8 New Customers - As used herein, the term "New

Customers" shall mean all retail electric customers applying for

service . to either the city or Cooperative after the effective

date of this Agreement.

6

section 1.9 Existing customers - As used herein, the term

"Existing customers" shall mean all retail electric customers

receiving service on or before the effective date of this

agreement from either party.

section 1.10 Annexed Area - As used herein, the term "Annexed

Area" shall mean any area presently located in Clay's territorial

area and subsequently annexed by and into the city of Green Cove

Springs.

section 1.11 End Use Facilities - As used herein, the term "End

Use Facilities" shall mean a geographic location where the

electric energy used by a customer is ultimately consumed.

7

ARTICLE II

AREA DESIGNATIONS AND NEW CUSTOMERS

section 2.1 Service Areas - The Cooperative Territorial Areas, as

herein defined, are hereby set aside to the Cooperative as its

retail service areas for the term hereof; and the city

Territoria-l Areas, as herein defined, are hereby set aside to the

City as its retail service -areas for such period. Except as

otherwise specifically provided for in section 2.3, neither party

shall serve or offer to serve a customer whose end use facilities

are located_ in the territorial areas of the other party.

section 2.2 New Customers - The parties shall each have the right

and the responsibility to provide retail electric service to all

New Customers within their respective territorial areas except as

modified by section 2.4 below. Neither party shall hereafter

serve or offer to serve a New Customer whose end-use facilities

are located in the territorial area of the other party except on

an interim basis as provided in section 2.3 below.

8

section 2.3 Interim Service - The parties recognize that

exceptional circumstances, economic constraints', good engineering

practices, and system planning may indicate that a customer

should not be immediately served by the party ' in whose

territorial area the customer's end use facilities are located,

until some time in the future. In such an event, a party may, in

its discretion, request the other party to proyide service to the

new customer on an interim basis. such request shall be made in

writing and the other party shall promptly notify the requesting

party if it should elect, in its discretion, to decline the

request. If such request is accepted, the party providing

interim service shall be deemed to do so only on behalf of the

requesting party, who shall remain entitled to serve the New

Customer to the same extent as if it had provided service in the

first instance. At such tim'e as the requesting party elects to .

begin providing service directly to the New Customer, after'

reasonable written notice to the other party, such other party

shall cease providing interim service and, thereafter, service

shall be furnished to the New Customer in accordance with section

2.1 and 2.2 above.

9

section 2.4 Existing Customers - Each party shall have the right

and responsibility of providing retail electric service to each

of its exis·ting customers or any new customers at any location

now being served by it whether or no·t the loca·tion where· s·uch

existing service is provided is located within or without the

territorial area of such party. It is intended by this provision

that each party shall have the right to continue serving any

existing location served by it, irrespective of the location of

such service, and, irrespective of whether the customer served is

an existing customer or a nevi customer. Not withstanding the

foregoing to the contrary, a customer located in the others

territory that discontinues electric service for one and one-half

(1 1/2) years or longer shall thereafter be the customer of the

party in whose territory same is located.

section 2.5 Bulk Power Supply for Resale - Nothing her ein shall

be construed to prevent either party from providing bulk power

supply to wholesale customers for resale purposed wheresoever

they may be located. Further, no other provision of this

Agreement shall be construed as applying to bulk power for

resale.

10

f •• _

ARTICLE III .

OPERATION AND MAINTENANCE

section 3.1 Facilities to Remain - All generating plants,

transmission lines, substations, distribution lines and related

facilities now used by either party in conjunction with their

respective electric utility systems, and which are used directly

or indirectly and are useful in serving customers in their

respective service areas, shall be allowed to remain where

situated and shall not be subject to removal hereunder, except by

the party owning or using such facilities; PROVIDED, HOWEVER,

. that each party shall operate and maintain said lines and

facilities in such a manner as to minimize any interference with

the operations of the other party.

section 3.2 Express Distribution Feeders - Either party may erect

and/or operate Express Distribution Feeders in the territorial

are of the other party; PROVIDED, HOWEVER, that the party shall

construct, operate and maintain said Express Distribution Feeders

in a safe manner .so as to minimize any interference with the

operation of the other party's facilities.

11

· .'

section 3.3 Transmission Lines - Either party may erect and/or

operate Transmission Lines in the territorial area of the other

party; PROVIDED, HOWEVER, that the party shall construct, operate

and maintain said Transmission Lines in a sa£e manner so as .to

minimize any interference with the operation of the other party's

facilities.

ARTICLE IV

ANNEXATIONS

section 4.1 Annexed Areas - In the event any portion of the area

outside the city territorial area and within the Cooperative's

territorial area is subsequently annexed by and into the city

limits of the City, the City may impose a franchise agreement

with respect to such annexed portions upon reasonable terms and

conditions, but the city shall have no right to acquire by .

eminent domain, condemnation, or otherwise any customers or

facilities of the Cooperative in any portion designated as Clay.

territorial area. The Cooperative shall have the right to

continue service to its existing and new customers in any area

annexed by the city. Such · franchise -fee may not exceed 12% of

the cooperative's revenues from its members within the city's

corporate limits area covered by the franchise agreemen·t.

12

, . ,

ARTICLE V

PREREQUISITE APPROVAL

section 5.1 Florida Public Service commission - The provisions of

this Agreement, are subject to the regulatory authority of the

Florida Public Service Commission, and appropriate approval by

that body of the provisions of this Agreement shall be a

prerequisite to the validity and applicability hereof and neither

party shall be bound hereunder until that approval has been

obtained. Each party irrevocably and unconditionally consents to

and requests the Commission to approve this agreement.

section 5.2 Liability in the Absence of Approval - In the event

approval pursuant to section 5.1 is not obtained, neither party

will have any cause of action against the other arising under

this Agreement.

13

ARTICLE VI

DURATION

Section 6.1 This Agreement shall continue and remain in effect

for a period of twenty (20) years from the date the Agreement is

approved by the Commission. The parties, however, recognize that

the Commission has the jurisdiction -to review this agreement

periodically during the term of this Agreement.

ARTICLE VII

CONSTRUCTION OF AGREEMENT

section 7.1 Intent and InterRretation - The purpose an intent of

this Agreement shall be, and this Agreement shall be interpreted

and construed, to eliminate and avoid the needless and wasteful

expenditures, duplication of facilities and potentially hazardous

situaJcions, which might othervlise result from unrestrained

competition between the parties operating in overlapping service

areas.

14

, "

A-"R.TICLE VIII

MISCELLANEOUS

Section 8.1 Negotiations - Whatever terms or conditions may have

been discussed during the negotiations leading up to the

execution of this Agreement, the only ones agreed upon are -those

set forth herein, and no alteration, modification, enlargement of

supplement to this Agreement shall be binding upon either of the

parties hereto unless the same shall be in writing and hereto

attached and signed by both pprties.

Sec-tioD 8.2 Successors and Assigns - Nothing in this Agreement

expressed or implied is intended or shall be construed to confer

upon or give to any person or corporation other than the parties

hereto any righ-t, remedy or claim under or by reason of this

Agreement or any provisions or condi-tions hereof;, and all of the

provisions, representations, covenants and conditions herein

contained shall inure to the sole benefit of and shall be binding

only upon the parties hereto and their respective

representatives, successors and assigns.

15

section 8.3 Notices - Notices given hereunder shall be deemed to

have been given to Clay if mailed by certified Mail, postage

prepaid, to: General Manager, Clay Electric Cooperative,Inc.,

. Post Office Box 308, Keystone Heights, Florida 32656; and to the

city if mailed by Certified Mail, postage prepaid, to: Mayor,

City of Green Cove Springs, Green Cove Springs, Florida 32043.

Such address to which such notice shall be mailed may be, at any

time, changed by designating such new address and giving notice

thereof in writing in the manner as herein provided.

section 8.4 Severability - The invalidity or un-enforceability of

a particular provision of this agreement shall not affect the

other provisions hereof, and the agreement shall be construed in

.all respects as if such invalid or un-enforceability provision

were omitted.

section 8.5 Cost and Attorney Fees - In the event legal action is

taken to enforce the terms of this agreement, hereof, the

prevailing party shall be entitled to recover all costs incurred,

including reasonable attorney fees.

16

section 8.6 Transfer of Customers - The parties recognize. that

this agreement does not provide for a mandatory transfer of

customers of either party, except as may be provided in section

2.4, where a customer has discontinued service for one and one-

half (1 1/2) years or more. Nonetheless, the parties agree that

this agreement does not prohibit negotiations and subsequent

agreement on the transfer of existing customers of either party

who are in the territorial area of the other party on the

effective date of this agreement. ·On the request o~ either party,

the other party agrees to meet with the requesting party to ,.

determine if a requested transfer can be mutually .agreed upon,

subject to applicable law and the jurisdiction of the Commission.

In addition, the parties agree that . the Commission may order a

transfer of customers under this section on its own motion or on

the request of an interested person, provided that the party to

\'lhom the customers will be transferred pays the other party fair

and just compensation for the transfer.

17 ·

IN WITNESS · WHEREOF, this Agreement has been caused to be executed

in Triplicate by the Cooperative in its name by its President,

and its corporate Seal hereto affixed by the Secretary of the

Cooperative, and by the city in its. name by its Mayor, and its

Seal hereto affixed and attested by its Clerk, on the day and

year first. above written; and one of said triplicate copies has

been delivered to each 'of .the parties hereto.

ATTEST: CLAY ELECTRIC COOPERATIVE, INC.

BY~" 't mll~~Y: Vice President President

ATTEST: .CITY OF GREEN COVE SPRINGS

APPROVED:

Florida Date

Approved as to Form Legality

Attorney

18

EXHIBIT A

EXHIBIT B

Clay E~ectric cooperative, Inc. and the city of .Green Cove springs, Florida

Service Ar'ea Boundary Agreement (Prepared by CEC)

Initiated August 8, 1990

Rev. 9/3/91

All the area encompassed within the following described boundary agreement line shall be reserved unto the city of Green Cove Springs, its successors and assigns, and the area outside of, adj acent and contiguous to said boundary agreement line, lying within Clay County, shall be reserved unto Clay Electric Cooperative, Inc., its successors and assigns, said boundary agreement line lying in Township 5 South, Range 26 East, and Township 6 South, Range 26 East, Clay county, Florida, and being more particularly described as follows:

Commence at the intersection of the Easterly line of Prospect 'Avenue as per plat of the Clinch . Estate recorded in Plat Book 1, pages 31 'through 34 of the public records of said County with the Nort·herly line o.f state Road No. 16; thence on the East line of said Prospect Avenue run North 10 degrees 37 minutes 10 seconds East 796.86 feet; thence North 71· degrees 26 minutes 06 seconds

. West 1042.75 feet to the Point of Beginning; :thence North 59 degrees 55 minutes 25 seconds West 18.0 feet; thence North 35 degrees 43 minutes 15 seconds East 115.0 feet; thence North 59 degrees 55 minutes 25 seconds West 880.0 feet; thence North 35 degrees 43 minutes 15 seconds East 2565.0 feet; thence South 59 degrees 55 minutes 25 seconds East 1899.21 feet; thence South 59 degrees 53 minutes 00 seconds East 4931.99 feet; thence South 30 degrees 20 minutes 50 seconds West 1886.41 feet; thence South 04 degrees 43 minutes 10 seconds East 186.25 feet; thence South 41 degrees 44 minutes 00 seconds East 64.0 feet; thence South 39 degrees 36 minutes 50 seconds East 135.74 feet; thence South 50 degrees 29 minutes 00 seconds West 172.0 feet; thence Southeasterly along the high water line of Red Bay Creek, following the meanderings of same to a point in the Northerly Right-of-Way line of State Road No. 16; thence South 74 degrees 46 minutes 10 seconds East along said Right-of-Way line and across said creek to the high water line of the Easterly shore of said creek; -thence Northeasterly along said high water line to a point that bears South 32 degrees 31 minutes 00 seconds East, 302.53 feet from the point described above as lying in the high water line of Red Bay Creek at the Southwesterly end of the above described 172 foot course; run thence South 31 degrees 42 minutes 30 sec9nds East, 181. 17 feet; thence South 15 degrees 13 minutes 30 'seconds West, .~OO feet to the Southerly Right-of-Way line of said state Road No. 16; thence South 74 degrees 46 minutes 30 seconds East along said Southerly Right-of-Way line, 1383.56 feet to a concrete monument marking the Northeast corner of the former Lee Field Naval Reservation in Block 3 of the subdivision of the Clinch Estate according to the Gould T. Butler Plat as recorded in Plat Book 1

pages 31 thru 34 of the Public Records of Clay County, Florida, said monument being the most Easterly 'Corner of those lands annexed by the city of Green Cove springs, a municipal corporation, by Ordinance 0-21-84 dated September 18, 1984 and recorded in Official Record Book 825 pages 606 thru 611, inclusive, said Clay County Public Records; thence continue along the above-described corporate limits line, South 25 degrees 50 minutes 10 seconds West, -3613.25 feet to the extreme Southerly corner of Lot 2, Block 10 in said Clinch Estate; thence departing said · corporate limits line, continue South 25 degrees 50 minutes 10 seconds West, 1868.7 feet; thence South 86 degrees 44 minutes 30 seconds West. 1933.4 feet to an intersection with ·said corporate limits line, said point lying South 25 degrees 02 minutes 06 seconds West, 2850 feet from the Northeasterly line of a platted street having a bearing of North 63 degrees 52 minutes 50 seconds west; thence along said corp·orate limits line, the following five (5) courses and distances: (First Course), South 25 degrees 02 minutes 06 seconds West, 1556.76 feet; (Second Course), South 75 degrees 16 minutes 02 seconds West, 656.60 feet; (Third Course), South 68 degrees 04 minutes 49 seconds West, 293_.06 feet; (Fourth Course), South 21 degrees 55 minutes 10 seconds East, 1345.00 feet to the extreme Easterly corner of Lot 10, Block ' 14, said Clinch Estate; (Fifth Course), South 68 degrees 05 minutes 23 seconds West, along the line dividing Lots 9 and 10, and Lots 1 and 2 in said Block 14, a distance of 2,075 feet, more or less, to the centerline of County Road 209; thence Northwesterly along the said centerline of County Road 209, a distance of 3200 feet, more or l ,ess, to the point of intersection for the said centerline of County Road 209 projected to the present centerline of u.S. Highway 17 (State Road 15), said point of intersection designated station 486+80.00 Baseline Survey = station 0+00.00 Baseline Survey County Road 209, State Project 71010-3509, plans prepared by Flood & Associates dated March, 1989; thence Southerly and Southwesterly along said present centerline of u.S. Highway 17 (state Road 15), also referenced as "Baseline Survey" on the abovedescribed plan drawings, a distance of 3600 feet, more or less, to a point that is 2200 feet from an intersection of said centerline with the centerline on J.P Hall Boulevard as presently established; thence departing said centerline in a Westerly direction to a point on the centerline of County Road 15A that is 745 feet South of its intersection with the centerline of Chason Road , as presently established; thence Northerly along the said centerline of County Road 15A a distance of 8580 feet, more or less, to the Southerly line of the Palmer · and Ferris Tract as recorded in Plat Book 2 page 1, said Public Records, also being a Southerly course of the said corporate limits of the city of Green Cove Springs; thence along the last-described Southerly line, South 66 degrees 08 minutes 27 seconds West, 2200 feet, more or less, to the WesterlY .pank of Governors Creek; thence down said creek, in a Northerly direction, and following the meanderings of said Westerly bank, also being the Westerly corporate limits line, 3400 feet, more or less, to a point that is 200 feet South of the present South right of way line of State Road 16 when measured at right angles thereto; thence parallel with and 200 feet South of said South right of way line when measured at right angles thereto, run South 88 degrees 29

minutes West, 2310 feet, more or less, to the East line of the lands of the Clay County School Board, also being the East line of the N.W.~ of the N.W.~ of section 16, Township 6 South, Range 26 East; thence along said East line, South 01 degrees 06 minutes East, 1042.49 feet to the South line of said School Board lands, also being the South line of said N.W.~ of the N.W.\; thence along said South line, South 88 degrees 49 minutes West, 1309.89 feet to the West line of said section 16; thence along said West line, also being the West line of said school Board Lands, North 01 degrees 31 minutes West, 1285.06 feet to the centerline of State Road 16; thence along said centerline, North 88 degrees 29 minutes East, 1318 feet, more or less, to the centerline of Randall Road West (formerly Stat~ Road 16-A); thence North along said centerline of Randall Road West, 2640 feet, more or less, to the North line of the Southwest ~ of section 9, said township and range; thence along said North line, South 89 degrees 28 minutes 32 seconds West, 1323.08 feet to the East line of the Southeast ~ of the Northeast \ of section 8, said township and range; thence along said East line, North 00 degrees 37 minutes 19 seconds West, 1271.65 feet to the North line of said Southeast \ of the Northeast \; thence along said North line, South 89 degrees 50 minutes 21 seconds West, 1325.65 feet to the East line of the Northwest \ of the Northeast \ of said section 8; thence along said East line, North 00 degrees 33 minutes 02 seconds West, 1311.20 feet to the South line ' of section 5, said township and range; thence along said South line, North 89 degrees 51 minutes 54 seconds West, 1324.08 feet to the East line of the West ~ of said section 5; thence along ,said East line North 00 ~egrees 21 minutes 24 seconds West, 4739.70 feet; thence North 89 degrees 27 minutes 09 seconds East, 2649.63 feet to the West line of section 4, said township and range; said point being 653.10 feet South of the Northwest corner of said section 4; thence North 89 degrees 14 minutes 40 seconds East, 1682.99 feet to the Westerly line of the T. Travers Grant, section 37, said township and range; thence along said Westerly line, North 06 degrees 26 minutes 35 seconds West, 413 feet, more or less, to centerline of the North fork of Summerlin Branch; thence along said centerline, in a general Easterly direction, following the meanderings thereof, 51 feet, more or less, 'to the Westerly line of lands described in Official Records Book 702, page 30, of said public records; thence along said Westerly line South 06 degrees 23 minutes 30 seconds East 1057 feet, more or less, to the Southwesterly corner of said lands; thence along the southerly line of said lands North 83 degrees 36 minutes 30 seconds East 260.50 feet to the Southeasterly corner thereof; thence along the Easterly line thereof North 06 degrees 23 minutes 30 second~West 649 feet, more or less, to aforesaid centerline of the North fork of Summerlin Branch; thence run along last said centerline, ~nd then on the centerline of Summerlin Branch, in a general Eas-terly -direction, following the meanderings of same, 587 feet, more or less, to the Easterly line of land described in Official Records Book 495, page 72, of said public records; thence along said line North 01 degrees 20 minutes 30 seconds East 152 feet, more, or less, to a point which bears South 01 degree 20 minutes 30 seconds West 787.76 feet from the Northeast corner of last said lands; thence

3

North 79 degrees 50 minutes 26 seconds East 1848.97 feet to the Southwesterly right-of-way line of CSX Transportation Railroad; thence along said right~of-way line South 42 degrees 21 minutes 10 seconds East 115 feet, more or less, to said centerline of Summerlin Branch; thence Westerly along said centerline, following the meanderings of same, 113 feet, more or less, to the centerline of Sugarhouse Branch; thence Southerly along last said centerline of Sugarhouse Branch, following the meanderings of same, 1856 feet, more or less, to the Southerly boundary of lands . described in Official Records Book 85, page 605, of said public records; thence along the Westerly and Southwesterly lines of lands described and

, recorded in Official Records Book 613, pages 534 through 537, of the Public Records of said Clay County, Florida, the following two courses and distances; Course No.1, South 29°07'12" West, 203.60 ~eet; Course No.2, South 42°19'07" East, 1179.00 feet to a point on the Northwesterly line of Harbor Road, a 60 foot road as described and recorded in Official Records .Book 33, pages 540 and 541, of the Public Records of said County; thence along said Northwesterly right of way line', North 47 degrees 37 minutes 30 seconds East, 1372.57 feet to' the centerline of the CSX Transportation System Railroad right of way line as now established for a width of 100 feet; thence along said railroad centerline, North 42 degrees 24 minutes '39 seconds West, 8670 ' feet, more or less, to an intersection with the East line of section 32, Township 5 South, Range 26 East; thence North along said East line and continuing along the East line of section 29, said township and range, 3585 ' feet, more or less, to the South line of lands of Gateway Girl scouts, Inc. as described in Deed Book 76 page 123, said public records; thence Westerly along said South line, 500 feet, more or less, to the centerline of an existing branch; thence Northwesterly along the centerline of said branch, also being the Westerly line of the said lands of Gateway Girl Scouts Inc., 1000 feet, more or less, to its confluence with Peters Creek; thence down said Peters Creek, in a Northerly direction and following the meanderings thereof, 4800 feet, more or less, to its confluence with Black Creek; thence down the centerline of said Black Creek, in a Southeasterly and Easterly direction, 2700 feet, more or less, to the centerline of the U.S. Highway 17 (State Road 15) span over said waters; thence perpendicular to said span, also being the Southerly limits of that certain Service Area Boundary Agreement between Clay Electric Cooperative, Inc., and the Jacksonville Electric Authority, run South 87 degrees 05 minutes 18 seconds East, to the waters of the st. Johns River; thence along said waters, run in a general Southeasterly ~irection 34,700 feet, more or less, to a point that bears South 35 degrees 43 minutes 15 seconds West, from the Point of Beginning; thence North 35 degrees 43 minutes 15 seconds East 420 feet to the Point of Begin~ing.



SUBJECT: Report on pending foreclosure investigations from code enforcement liens.

BACKGROUND: The Code Enforcement Magistrate and the City Council authorized the foreclosure of four (4) code enforcement liens on the following properties: 514 Lemon Street, 430 North Palmetto Avenue, 314 Ruby Street and 1102 Martin Luther King Jr. Boulevard. After a review of the title research by First American Title Insurance Company as well as an initial determination of potential heir problems, I have concluded that only one of the parcels (314 Ruby Street) would be of net value to the City following a completed foreclosure action. Of course, even though a mortgage or lienholder forecloses on a parcel of property there is no guarantee that they will receive title because of the possibility of someone purchasing it at a judicial sale. I will be prepared to discuss each individual parcel at the meeting should Council Members desire an in-depth discussion of the same.

FISCAL IMPACTIFUNDING SOURCE: Unless we can find the property owner that possesses marketable title and settle on a code enforcement lien resolution with them, we will need to proceed with foreclosure to include the following: First, we must determine the status of Linda Walker, determine if a previous warranty deed in the chain of title is legally sufficient due to homestead issues, obtain approval from First American Title Company as to which defendants need to be named in the foreclosure and possible quiet title suit. If title is acceptable, then a foreclosure action could be commenced and possibly taken to a successful conclusion. There are also outstanding tax certificates of approximately $1,700.00, demolition costs on the structures $1,500.00 - $2,500.00 and foreclosure attorney fees and costs of approximately $2,500.00 -$3,000.00.

In that this parcel is adjacent to the new Police Station property and is 148' by 100', it would appear that it could be a valuable addition to the new Police Department Complex.

RECOMMENDATION: Staff recommends discontinuing further foreclosure action of the code enforcement liens on all properties except 314 Ruby Street and that a further in-depth investigation be completed by the City Attorney with a report to the City Council to follow up with more detailed information and costs on foreclosing this property.

MOTION: To discontinue foreclosure efforts on behalf ofthe City on code enforcement liens on 430 North Palmetto Avenue, 1102 Martin Luther King, Jr. Boulevard, and 514 Lemon Street and direct the City Attorney to search the title and issues involving a foreclosure action on the remaining code enforcement lien case at 314 Ruby Street and report back to the City Council as to the more precise cost and plan for foreclosing the City lien on such property.
