11-12-24 Final Agenda
City of Atlantic Beach
Final Agenda
Regular City Commission Meeting
Tuesday, November 12, 2024 - 6:30 p.m.
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE TO THE FLAG
CALL TO ORDER
Page(s)
1. APPROVAL OF MINUTES
*
1.A.
Approve minutes of the Regular Commission Meeting held on September 23,
2024.
9-23-24 Regular City Commission Draft Minutes
5 - 16
2. COURTESY OF FLOOR TO VISITORS
PUBLIC COMMENT
3. CITY MANAGER REPORTS
3.A.
Accept the 90-Day Calendar (Nov. 2024 - Jan. 2025)
90-Day Calendar (Nov. 2024- Jan. 2025)
17 - 20
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
None.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
8.A.
RESOLUTION NO. 24-57
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING
REPAIRS AND MAINTENANCE FOR THE WASTEWATER EFFLUENT FILTERS;
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE
ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE
21 - 28
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Regular City Commission - 12 Nov 2024
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 24-57
9. ACTION ON ORDINANCES
*
9.A.
ORDINANCE NO. 95-24-123, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE
OF FLORIDA, AMENDING SECTION 5-3, LIGHTING OF FIRES, OF THE CITY OF
ATLANTIC BEACH CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF SAID
AMENDMENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Ordinance No. 95-24-123
29 - 33
*
9.B.
ORDINANCE NO. 20-24-174, Introduction and First Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND
ENDING SEPTEMBER 30, 2024, AND PROVIDING AN EFFECTIVE DATE.
Ordinance No. 20-24-174
35 - 39
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
13. ADJOURNMENT
This meeting will be live-streamed and videotaped. The video recording will be posted within
four business days on the City's website. To access live or recorded videos, visit
www.coab.us/live.
If any person decides to appeal any decision made by the City Commission with respect to
any matter considered at any meeting, such person may need a record of the proceedings,
and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. For your convenience, forms for this
purpose are available at the entrance to the Commission Chamber.
Every effort is made to indicate what action the City Commission is expected to take on each
agenda item. However, the City Commission may act upon any agenda subject, regardless of
how the matter is stated on the agenda.
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Regular City Commission - 12 Nov 2024
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodation to participate in this meeting should
contact the City Clerk’s Office at (904) 247-5821 or at City Hall, 800 Seminole Road, Atlantic
Beach, FL 32233, no later than 5:00 PM on the Thursday prior to the meeting.
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Regular City Commission
September 23, 2024
MINUTES
Regular City Commission Meeting
Monday, September 23, 2024 - 6:30 PM
Commission Chamber
City Hall, 800 Seminole Road
Atlantic Beach, FL 32233
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:42 PM. CC Bartle
called the roll.
ATTENDANCE:
Present: Curtis Ford, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2 (District 1308)
Michael Waters, Commissioner - Seat 3 (District 1307)
Candace Kelly, Commissioner - Seat 4 (District 1306)
Jessica Ring, Commissioner - Seat 5 (District 1312)
Also Present: William B. Killingsworth, City Manager (CM)
Kevin Hogencamp, Deputy City Manager (DCM)
Jason Gabriel, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Ladayija Nichols, Deputy City Clerk (DCC)
Amanda Askew, Planning & Community Development Dir. (PCDD)
Cathy Varian, Human Resources Director (HRD)
Emergency
RESOLUTION NO. 24-51
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING
RENEWAL OF ALL LIABILITY INSURANCES AND WORKERS’
COMPENSATION INSURANCE WITH PREFERRED GOVERNMENTAL
INSURANCE TRUST FOR 2024-2025, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE RELEVANT DOCUMENTS.
MOTION: Move that Resolution (No. 24-51) to the end of the agenda as an emergency.
Motion: Candace Kelly
Second: Bruce Bole
Curtis Ford For
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
Bruce Bole (Seconded By) For
Michael Waters For
Candace Kelly (Moved By) For
Jessica Ring For
Motion passed 5 to 0.
1 APPROVAL OF MINUTES
1A. Approve minutes of the Regular Commission meeting held on August 12, 2024.
Mayor Ford asked if there were any corrections or changes needed. There were no
corrections to the minutes. Mayor Ford stated the minutes stand as submitted.
2. COURTESY OF FLOOR TO VISITORS
Mayor Ford explained the process for public comments and opened the Courtesy of the Floor to
Visitors.
PUBLIC COMMENT
CC Bartle called each speaker to the podium.
Cindy Anderson spoke about agenda item 9D.
Carole Schwartz urged the Commission to consider the long-term outlook and complete
a stormwater management survey.
Mary Emerson-Smith expressed concerns regarding stormwater drainage.
Tim Anderson discussed tennis-related matters.
Brooke Anderson spoke in support of tennis league play.
Eileen Edsall asked the City to honor previously issued tennis permits.
Meredith Frisch also requested that the City honor the tennis permits that have already
been issued.
Claudia Adams expressed support for the current protocols for reserving tennis courts.
Ali Hall requested that the City honor the tennis permits already issued.
Shylo Kline addressed concerns that have been raised regarding tennis league play.
Anastasia Houston requested that the City honor the tennis permits already issued.
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
Silet Wylie addressed concerns regarding flooding.
Stephen Curtiss requested that the City include Paradise Cove in future drainage
projects.
Catrina Terrill requested that the City include Paradise Cove in future drainage
projects.
Lois Newmann addressed flooding issues.
Mark Gabrynowicz discussed agenda item 1A and encouraged everyone to review the
letter related to this item.
Holly Waters encouraged the Commission to consider creating a stormwater master
plan before making any changes to Chapter 24.
Karl Klein addressed flooding concerns on Oak Circle.
Ellen Glasser expressed support for GFL and advocated for an update to their fees. She
also spoke about the budget and Land Development Regulations.
Ana Tari addressed concerns regarding tennis regulations.
Nancy Staats spoke about stormwater drainage issues.
Susanne Barker addressed the proposed changes to Chapter 24.
Nathan Lee shared his experience with stormwater drainage issues.
Albert Kerber spoke about the proposed revisions to Chapter 24.
CC Bartle read the names and comments from the citizen who did not wish to speak as
follows:
Angie Talbatt expressed support for the JRP protocols.
Vicky Love is in support of maintaining tennis permits.
3. CITY MANAGER REPORTS
There was a CONSENSUS to accept the 90-Day Calendar.
3.A. Accept the 90-Day Calendar (Sep. - Nov. 2024)
There was a CONSENSUS to accept the 90-Day Calendar.
4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
Commissioner Bole
Praised the CM and DCM for the policies they have developed regarding tennis.
Stated that personal attacks against staff are neither acceptable nor appropriate.
Reported that research confirms addresses are not required from speakers during public
comment.
Commended the DCM for the risk mitigation efforts and reduced liability recently
approved by the City.
Commissioner Kelly
Mentioned a vulnerability study conducted in 2019.
Commissioner Ring
Spoke about stormwater management.
Commissioner Waters
Expressed gratitude to the CM and DCM for their work on tennis regulations.
Briefly addressed flooding concerns and thanked Public Works for their efforts in
managing recent storms.
Mayor Ford
Briefly addressed tennis regulations.
Spoke about recent rain events.
5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6. CONSENT AGENDA
Mayor Ford read the agenda item.
6.A. Declare this list of property as surplus so that the items may be disposed of in the
most beneficial way to the City.
MOTION: Approve the consent agenda (item 6A) as written.
Motion: Jessica Ring
Second: Michael Waters
Curtis Ford For
Bruce Bole For
Michael Waters (Seconded By) For
Candace Kelly For
Jessica Ring (Moved By) For
Motion passed 5 to 0.
7. COMMITTEE REPORTS
None.
8. ACTION ON RESOLUTIONS
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
8.A. RESOLUTION NO. 24-50
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
FUNDING FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR THE FISCAL YEAR 2024-25 FUNDING CYCLE;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY CONTRACTS
AND PURCHASE ORDERS AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Ford read the title of the resolution.
CM Killingsworth explained the resolution as detailed in the agenda packet.
MOTION: Approve Resolution (No.) 24-50.
Motion: Bruce Bole
Second: Candace Kelly
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
8.B. RESOLUTION NO. 24-46, Public Hearing on Adoption of Resolution No. 24-46 for
the Millage Rate
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING
THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL
PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER
30, 2025; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE
LEVIED EXCEEDS THE ROLLED-BACK RATE; AND PROVIDING AN
EFFECTIVE DATE.
Link to proposed annual operating budget book
Mayor Ford read the title of the resolution and stated the following:
Here at the City of Atlantic Beach The Rolled–Back Rate Is 2.6121. The Millage Rate
To be Levied is 2.8410. The millage rate to be levied is 8.76% more than the rolled-back
rate and is a percentage increase in property taxes per sec. 200.065(2)(c) Florida Statutes.
The purpose for adopting the millage rate of 2.8410 is to maintain a level of ad valorem
tax revenue sufficient to maintain adequate funding for the existing level of services at
anticipated and proposed cost and to continue to maintain the City’s infrastructure.
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
MOTION: Approve Resolution No. 24-46.
Motion: Bruce Bole
Second: Michael Waters
The public hearing was opened. CC Bartle called the speaker to the podium.
Brinkley Harrell spoke about the millage rate.
The public hearing was closed.
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters (Seconded By) For
Candace Kelly For
Jessica Ring For
Motion passed 5 to 0.
9. ACTION ON ORDINANCES
9.A. Public Hearing and Final Reading on adoption of Ordinance No. 20-24-175,
establishing the Operating Budget for fiscal year 2024/2025.
AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER
1, 2024 AND ENDING SEPTEMBER 30, 2025.
Link to proposed annual operating budget book
Mayor Ford read the title of the ordinance.
The public hearing was opened.
Brinkley Harrell spoke about the budget.
The public hearing was closed.
CM Killingsworth explained the ordinance and explained the amendment of
$58,680,384.
MOTION: Approve Resolution No. 24-46 and upon second reading Ordinance No. 20-24-
175, amended to reflect a budget of $58.680,284.
Motion: Michael Waters
Second: Bruce Bole
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
Commissioner Bole expressed gratitude for the thorough budget process.
Curtis Ford For
Bruce Bole (Seconded By) For
Michael Waters (Moved By) For
Candace Kelly For
Jessica Ring For
Motion passed 5 to 0.
9.B. ORDINANCE NO. 55-24-39, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
INCREASING MONTHLY SANITATION RATES BY 3.7% AND ANNUALLY
THEREAFTER BY THE CONSUMER PRICE INDEX (CPI) COLLECTION
ADJUSTMENT BY AMENDING CHAPTER 16, SOLID WASTE AND
RECYCLING, ARTICLE I, SOLID WASTE DEFINITIONS AND
PROCEDURES, SECTION 16-10 FEES FOR COLLECTION; PROVIDING FOR
INTENT; PROVIDING FOR ADOPTION OF THE NEW RATES; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
CM Killingsworth explained the ordinance and an amendment as detailed in the agenda
packet.
The public hearing was opened. CC Bartle called each speaker to the podium.
Brinkley Harrell spoke about this agenda item.
The public hearing was closed.
MOTION: Approve Ordinance No. 55-24-39.
Motion: Bruce Bole
Second: Candace Kelly
Mayor Ford inquired about the inflation index. CM Killingsworth explained that the
Commission adopted one but staff never implemented it.
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring For
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
Motion passed 5 to 0.
9.C. ORDINANCE NO. 80-24-89, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
INCREASING THE MONTHLY STORMWATER UTILITY FEE BY
AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER
MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22-335
FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A
NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Ford read the title of the ordinance.
CM Killingsworth explained as detailed in the agenda packet.
The pubic hearing was opened.
Brinkley Harrell spoke to this agenda item.
The public hearing was closed.
MOTION: Approve Ordinance No. 80-24-89.
Motion: Michael Waters
Second: Jessica Ring
Commissioner Bole inquired about the City's stormwater program. CM Killingsworth clarified
that the program has been funded using one-time dollars, and it will be reviewed moving
forward..
Mayor Ford offered additional comments on this item.
Commissioner Ring provided further remarks on the issue.
Curtis Ford For
Bruce Bole For
Michael Waters (Moved By) For
Candace Kelly For
Jessica Ring (Seconded By) For
Motion passed 5 to 0.
9.D. ORDINANCE NO. 90-24-253, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING A FULLY REVISED CHAPTER
24, LAND DEVELOPMENT REGULATIONS, OF THE ATLANTIC BEACH
CODE OF ORDINANCES, AS SET FORTH WITHIN ATTACHED EXHIBIT A,
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
WHICH GENERALLY AND SPECIFICALLY REGULATE THE USE AND
DEVELOPMENT OF LAND AND WATERS WITHIN THE CITY OF
ATLANTIC BEACH, FLORIDA; REPEALING THE ENTIRETY OF THE
CURRENT CHAPTER 24, ADOPTED BY ORDINANCE NUMBER 90-19-240
AS AMENDED TO DATE; SAID NEWLY ADOPTED CHAPTER 24
CONTAINING SIX ARTICLES: ARTICLE I – IN GENERAL, PROVIDING
FOR ADOPTION AND AUTHORITY, PROVIDING FOR PURPOSE AND
INTENT, PROVIDING FOR JURISDICTION, PROVIDING FOR
AMENDMENTS, PROVIDING FOR LEGAL STATUS AND CONSISTENCY
WITH THE COMPREHENSIVE PLAN; ARTICLE II. – LANGUAGE AND
DEFINITIONS, PROVIDING FOR CONSTRUCTION OF LANGUAGE,
PROVIDING FOR DEFINITIONS, PROVIDING FOR ACRONYMS; ARTICLE
III. – ZONING REGULATIONS; PROVIDING FOR ARTICLE IV. –
SUBDIVISION AND SITE IMPROVEMENT REGULATIONS; ARTICLE V. –
ENVIRONMENTAL AND NATURAL RESOURCE REGULATIONS; AND
ARTICLE VI. – CONCURRENCY MANAGEMENT SYSTEM; PROVIDING
FOR FINDINGS OF FACT, FOR CODIFICATION, FOR APPLICABILITY,
FOR CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE.
Link to Redline version of Chapter 24 updates
Link to Redline version of Chapter 24 updates with editorial comments
Link to Draft recommendation from Community Development Board for on-site
stormwater (was Section 24-68 now 24-89)
Mayor Ford read the title of the ordinance.
PCDD Askew explained the ordinance as detailed in the agenda packet and answered
questions from the Commission.
The public hearing was opened.
Anastasia Houston spoke about pavers.
Brinkley Harrell discussed the proposed changes.
Richard Arthur suggested the City look to other municipalities with onsite storage
requirements as a model.
Lisa Herrold urged the Commission to delay changes to the stormwater master plan.
Todd Miner recommended waiting for the stormwater management plan to be finalized
before making any changes.
Eileen Bildmen spoke about paver credits.
Gregory Powell spoke about impervious surfaces.
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
Lee Elmore highlighted the importance of maintaining drainage systems.
Kelly Diaz discussed pool maintenance in relation to stormwater.
Carolyn Zisser recommended the Commission defer any action until the stormwater
master plan is complete.
Albert Kerber spoke in favor of the proposed changes and offered additional
suggestions.
Jackie Beckenbach asked the Commission to hold off until more data is collected.
Kelly Elmore made suggestions to this plan.
CC Bartle read the comments of those who did not wish to speak.
Jessica Clancey-Sodini opposed to Section 24-253 due to flooding issues.
The commission recessed from 8:57 PM to 9:08 PM.
The public hearing was closed.
The Commission engaged in a discussion on the item, with PCDD Askew answering
questions.
CA Gabriel encouraged the Commission to meet with staff regarding their
recommendations so staff can prepare them for the next meeting.
There was a CONSENSUS to restore the corridor to the pre-existing code, remove the
proposed changes related to artificial turf, retain the fifty percent credit for pools, keep
the fifty percent building value credit as long as it does not alter the impervious nature
of the site, and leaving the code as is regarding the the trigger at four hundred.
MOTION: Approve Ordinance No. 90-24-253 on first reading
Motion: Jessica Ring
Second: Michael Waters
Curtis Ford For
Bruce Bole For
Michael Waters (Seconded By) For
Candace Kelly Against
Jessica Ring (Moved By) For
Motion passed 4 to 1.
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
RESOLUTION NO. 24-51
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING RENEWAL OF ALL LIABILITY INSURANCES AND
WORKERS’ COMPENSATION INSURANCE WITH PREFERRED
GOVERNMENTAL INSURANCE TRUST FOR 2024-2025, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEVANT
DOCUMENTS.
HRD Varian explained the resolution and answered questions from the Commission.
MOTION: Approve Resolution No. 24-51 as an emergency.
Motion: Bruce Bole
Second: Candace Kelly
Public comment was opened, there were no speakers, and public comment was closed.
Curtis Ford For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Jessica Ring For
Motion passed 5 to 0.
10. MISCELLANEOUS BUSINESS
None.
11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
None.
12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Waters
Inquired about the lifeguard station.
Inquired about the beaches fallen heroes statue memorial.CM Killingsworth explained
that it is going through the permitting process.
Commissioner Kelly
Emphasized the importance of the City's stormwater system.
Mayor Ford
Requested a chronological timeline of the Aquatic Gardens project be displayed on the
website.
13. ADJOURNMENT
The meeting adjourned at 10:10 PM.
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Agenda Item #1.A.
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Regular City Commission
September 23, 2024
Attest:
Donna L. Bartle, City Clerk Curtis Ford, Mayor
Date Approved:_________________
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Agenda Item #8.A.
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Agenda Item #8.A.
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Agenda Item #9.A.
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Agenda Item #9.A.
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