Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

Wunker, Finance Director DATE: September 21, 2009 RE: Application for Lease of City Property —Playground Amateur Radio Club 1. Background 1. 1. The Playground Amateur Radio Club has submitted an application for extension of lease of City property. The application packet is attached. Below are my observations regarding the application packet. 2. Discussion 2. 1. " The Playground Amateur Radio Club is recognized in the State of Florida as a tax - exempt organization. 2. 2. " The Playground Amateur Radio Club is recognized by the IRS as a 501( c)( 4) tax -exempt social welfare organization. 2. 3. - The Playground Amateur Radio Club is requesting rent of $ 1. 00 per year for a term of 10 years for property located at 13 First Street, Fort Walton Beach, FL. 2. 4. ' ThePlayground Amateur Radio Club is requesting relief from utility costs that they are required to, pay pursuant to the current lease agreement. These costs are approximately 1350 annually. 2. 5. The Playground Amateur Radio Club is requesting access to or additional installation to of thermostat controls for its leased space. Additional installation of a control unit is not feasible,Tier the City' s Facilities Maintenance staff. Access to the controls will be discussed by staff with other tenant' s of the building. 3. Signature Block : p 3. 1. Prepared p b by: J Wunk Finance Director ate v 3. 2. ' Reviewed for Agenda: 9 earns, City Manager Date 98_  Mahlon R. Haunschild —Treasurer Playground Amateur Radio Club, Inc. P. 0. Box 873 Fort Walton Beach, FL 32549 -0873 Mr. Robert T. Mearns, City Manager _ City of Fort Walton Beach 107 Miracle Strip Pkwy, SW P. O. Box 4009 Fort Walton Beach, FL 32549 -4009 Re: City Property Lease Extension September 16, 2009 Dear Mr. Mearns, Attached is the completed application and requested supporting documents for the extension /renewal of our Club' s lease of the property located at 13 First St. SE. Should the City have any questions concerning the content of this application, or require additional supporting information, please contact the Club President ( Mr. Steve McCarter) at 850 -586 -4255 or me at 850 -240 -3700 or by mail at the address above. For the fastest response we recommend contact via telephone as the post office box is infrequently checked. Sincerely, Mahlon R. Haunschild Treasurer - Playground Amateur Radio Club Cc: Steve McCarter gg_  City of Ft. Walton Beach Application for Lease or Extension of Lease of City Property You are requesting that the City Council grant your organization a gratuitous lease of municipal property at non- market rates on the basis that the organization provides a municipal purpose. A municipal purpose is defined by Florida Law as those activities essential to the health, morals, protection, and. welfare of the municipality. The use by a private entity must be one that could properly be performed or served by an appropriate governmental unit, or which is demonstrated to perform a function or serve a purpose which would otherwise be a valid subject for the allocation of public funds. Please read the For Your Information section before completing this form. Applicant (Name of Lessee): Playground Amateur Radio Club, Inc. 13 First St. S. E. Address of Property to be Leased: IRS classification: 501 c ( 4 ) Tax Exempt Number_ FEI No. 23- 7296768; FL tax ID: none Agent /Representative /Officer: Steve McCarter Contact Address: P. 0. Box 873; Fort Walton Beach, FL 32549 - 0873 Contact Telephone Number: 850 - 586 - 4255 Contact E -Mail Address: Term Requested: Ten ( 10) years Rent Requested: $ 1. 00 / year Other Request( s): The Club requests relief from utility costs. The Club also requests inde- pendent heating / cooling controls for its leased space or access to existing controls. Form DMP -1 Determination of Municipal Purpose 100-  YOU MAY ATTACH ADDITIONAL PAGES TO RESPOND TO THE BELOW QUESTIONS Is the use to be provided on this property essential to the health, morals, protection, and welfare of the City? Or, is the use related to the health, morals, protection, and welfare of the City? The Club considers the use of the property to be related to the health, morals, protection. and welfare of the City and its citizens. Please explain who the beneficiaries will be from the services provided on the property, and to what extent: The beneficiaries will be the citizens and public services / emergency services organizations of the City and of Okaloosa County. Please explain what benefit the City as a whole will derive from the activities on the property: Please see attached explanation. PLEASE ATTACH THE ORGANIZATION' S CORPORATE ANNUAL REPORT, ARTICLES OF INCORPORATION, AND ITS BYLAWS BEFORE SUBMITTING FOR REVIEW. Mahlon R. Haunschild - Treasurer Date: September 16, 2009 Print Name and Title Signature Form DMP -1 Determination of Municipal Purpose 101-  Attachment to Application for Lease or Extension of Lease of City Property Playground Amateur Radio Club, Inc. Please explain what benefit the City as a whole will derive from the activities on the property. It is a given that, in the modern world, the complicated and interconnected systems that form our everyday communications structure are prone to failure in the worst of disasters. When this occurs, Amateur Radio becomes essential to the health and welfare of the citizens of the United States.In times of emergency, Amateur Radio provides federal, state and local governments with backup emergency communications capabilities. Amateur Radio is also a participant in the disaster services arena through the efforts of the Amateur Radio Relay league at the national level ( alongside the American Red Cross, the Salvation Army and other disaster related national organizations.). At the local government level, the Amateur Radio community provides services through the efforts of local amateur radio organizations. For the Amateur Radio community to be able to provide these capabilities when required, it is necessary for amateur :radio organizations to maintain a fixed infrastructure to support training and disaster related emergency communications. Even though the City has amateur radio equipment installed in the city's Emergency Operations Center, this equipment is of a short -range nature and has access limitations due to its location. To provide a publicly- accessible amateur radio capability encompassing not only short-range VHF communications but also long -range HF communications it is highly desirable to establish and maintain a dedicated installation for these purposes. It was for this purpose that the Club originally approached the City of Fort Walton Beach over 30 years ago with the idea of leasing city property to facilitate our mission. Through the efforts of the city's then Emergency Manager, the Club secured the use of the leased property we now occupy. We have installed in this property an operational amateur radio station with local as well as national communications capabilities as well as meeting and amateur radio training facilities. It is from this location that the Playground Amateur Radio Club has, over the years, provided these capabilities to the local community. In addition to the emergency communications aspect of our mission, the Club provides training and licensing support to the local amateur radio community. The Club library at the leased property contains publications and reference materials that enables citizens to acquire and maintain their knowledge of radio technologies, operating procedures, and licensing requirements„ The Club sponsors the local Volunteer Examiner Council, a nationally accredited program for the administration of FCC amateur radio license exams. These exams are conducted on a bimonthly basis at the leased property. It is estimated that as many as 1000 new hams have earned their amateur radio licenses through an exam session given at the leased property. The Club encourages and mentors young people through sponsorship of scholarships and scholastic excellence awards. The leased property serves as a meeting place for the Club and hosts any meetings twice each month for the support of amateur radio in the local area. Without the use of the current leased property that we occupy, the Club would not be able to provide the level of service to the community that its citizens expect and require. 102-  For Your Information There are two guidelines the City Council will follow when making legislative findings to permit the long tern use of public property. A. Is the use to be provided on the property essential to the health, morals, safety, protection or welfare of the City? B. Is the use to be provided on the property related to the health, morals, safety, protection or welfare of the City? If A, then it could be a tax exempt, gratuitous lease, if also: Leaseholder is a not -for- profit corporation; 2. Corporation has no stockholders; 3. Profits accrue to the benefit of the public; 4. Services may be restricted to specific groups. If B, then the City Council has more discretion to determine the value for the lease. In either situation the City Council will make legislative findings regarding: 1. The City' s future use for the property; 2. Why the property should not be disposed of by sale and placed on the tax rolls; 3. Who will benefit from the services provided on the property; 4. What benefit the City may receive from the service provided on the property; 5. If an essential service why the City cannot provide said service; 6. Other findings that support the