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2-28-11 Agenda PacketCITY OF ATLANTIC BEACH CITY COMMISSION MEETING February 28, 2011 - 6:00 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of February 14, 2011. 2. Courtesy of Floor to Visitors A. Proclamation for National Invasive Species Awareness Week. 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report. 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Financial Report for January 2011. B. Award the contract to Tom's Asphalt Repairs, Inc. for three years starting March 1, 2011. This is a 0.6% increase over the fiscal year 07 -08 bid price. 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 11 -17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE CONTINUED HOME RULE AUTHORITY OF ATLANTIC BEACH, SUPPORTING A CLARIFICATION TO BILL J -6 AUTHORIZING THE ESTABLISHMENT OF AN ETHICS CODE AND ETHICS COMMISSION BY THE CITY OF JACKSONVILLE, SPECIFYING THAT ATLANTIC BEACH WILL NOT BE UNDER THE CONTROL OF JACKSONVILLE'S ETHICS CODE AND COMMISSION BUT SHALL BE GOVERNED BY ITS OWN CODE OF ETHICS POLICY AND THECODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES AS SET FORTH IN CHAPTER 112, FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE. (Fletcher) B. Resolution No. 11 -18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING ATLANTIC BEACH'S SUPPORT OF THE DUVAL DELEGATION 2011 BILL J -6 RELATING TO ETHICS TRANSPARENCY APPLYING IN ITS ENTIRETY TO THE CITY OF ATLANTIC BEACH WITH THE EXCEPTION THAT; IN ORDER TO PRESERVE ATLANTIC BEACH'S HOME RULE AS AN INDEPENDENT 1 MUNICIPALITY THE CITY OF ATLANTIC BEACH MAY ADOPT A SEPARATE CODE OF ETHICS FOR THE CITY OF ATLANTIC BEACH THAT WOULD SUPERSEDE THE CODE OF ETHICS ADOPTED FOR THE CITY OF JACKSONVILLE OR ANY OTHER INDEPENDENT MUNICIPALITY WITHIN THE COUNTY OF DUVAL. (Woods) 7. Action on Ordinances A. ORDINANCE NO. 65-11-37, Public Hearing and Final Reading (Deferred from 2 -14 -11 Meeting) AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR THE PLACEMENT AND MAINTENANCE OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAYS WITHIN THE CITY, AND PROVIDING AN EFFECTIVE DATE. B. ORDINANCE NO. 20-11-108, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. 8. Miscellaneous Business A. Police Department 2010 Annual Report. (City Manager) B. Authorization to award Additive Alternate No. 1 — Blower to WPC Industrial Contractors, LLC in the amount of $129,000 per Bid No. 1011 -01. Approve Change Order No. 1 for Electrical Control Panel Installation for the blower in the amount of $29,440 for Bid No. 1011 -01. Authorize the City Manager to sign Additive Alternate No. 1 and Change Order No. 1. C. Authorization to award the contract for construction of the Beaches Veterans Memorial Park stage to Michael G. Holder Inc. Staff also recommends the Commission allow use of remaining funds for sod purchase as discussed above and for architectural and engineering services for design of the Chaplains Memorial Garden, Phase 2 of the Beaches Veterans Memorial Park. 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, February 25, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING February 14, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno Commissioner Jonathan Daugherty Commissioner Paul Parsons Commissioner Carolyn Woods ABSENT: Mayor Pro Tem John L. Fletcher (excused) City Attorney Alan C. Jensen City Manager Jim Hanson City Clerk Donna L. Bartle Recording Secretary Nancy E. Bailey Call to Order /Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Woods gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of January 24, 2011. Motion: Approve the minutes of the Regular Commission Meeting of January 24, 2011, as written. Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. No one from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow -up Report. Meeting None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND February 14 2011 REGULAR COMMISSION MEETING Page 2 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the Monthly Recreation Special Events Report and Finance Report for December 2010, the Monthly Building Department Activity Report, List of New Business Tax Receipts, and Utility Sales Report for January 2011, and the Public Works and Utility Department Status Report of February 2, 2011. B. Award the annual contract for chlorine for Water and Wastewater Treatment Plants to Allied Universal Corporation at the unit prices submitted in Bid No. 1011 -08. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item A. Motion: Approve Consent Agenda Item B as read. Moved by Parsons, Seconded by Woods. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Regarding Item 2 in the Public Works and Utility Departments Project Status Report, the meetings the contractor had been having with citizen groups, Commissioner Woods asked if any other meetings are planned to be scheduled. Mr. Hanson stated no other meetings had been scheduled at this time, but they are waiting on one other subdivision group, Oceanwalk, to set a meeting time. Commissioner Woods asked to be notified when that meeting is set. Mr. Hanson stated he does not believe those are intended to be public meetings. He stated he made the offer to go to the subdivision associations and although he has no objection to her attending them, they are not his meetings. Commissioner Woods reiterated all she asked for was notification. Motion: Approve Consent Agenda Item A as read. Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 65-11-37, Public Hearing and Final Reading February 14, 2011 REGULAR COMMISSION MEETING Page 3 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR THE PLACEMENT AND MAINTENANCE OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAY WITHIN THE CITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 65 -11 -37 by title. Motion: Approve Ordinance No. 65 -11 -37 as read. Moved by Woods, Seconded by Parsons. Public Works Director Rick Carper explained wording added to the Ordinance related to the construction bond under Item 12, "the requirement for a construction bond may be waived by the City Manager if the applicant for the permit provides sufficient evidence of its ability to pay, which may include audited financial statements" and to Item 13, a similar statement "the requirement for a Security account may be waived by the City Manager if the registrant provides sufficient evidence of its ability to pay, which may include audited financial statements. He stated these statements were requested by JEA to be added to the Ordinance and at the City Attorney's recommendation he added the word "audited" to their requested language. He further stated he has no problem with the changes. Mayor Borno opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Parsons asked if JEA had any problem with the "audited" addition. Mr. Carper stated that was discussed at the meeting as well as in Mr. Jensen's email. Commissioner Parsons stated he believes this is a reasonable request. Commissioner Woods stated she is uncomfortable with the changes added because although audits are good, they are history and a lot of things happen during construction and secondly, the City Manager has many talents but she does not believe he is an accountant. She stated she believes it would be cleaner and simpler to stick with bonds that were required before this language was put in. She stated she would like to see that language taken out. Mr. Hanson stated that language is not in there now, it would take the City Commission voting to amend the language prior to the final reading to be added in. Motion: Amend Ordinance to add the changes as recommended by JEA. Moved by Parsons, seconded by Borno Commissioner Daugherty asked if it was correct that the purpose of having a construction bond is so that if something goes wrong or damage is done to other property we can recoup that damage through the bond. Mr. Carper stated that was correct. Commissioner Daugherty stated he was not comfortable with the new language. He asked if this language would only apply to JEA. Mr. Carper stated this would apply to any utility with facilities in the right -of -way but the waiver would be granted conditionally by the City Manager to the ones he felt met the requirement of February 14 2011 REGULAR COMMISSION MEETING Page 4 the ordinance. Commissioner Daugherty asked if there have been instances in the past where the City has had to capture money from the bond. Mr. Carper stated no, they have never had a bond in the past. He stated they have never had a mechanism to go after other utilities for reimbursement. Commissioner Daugherty stated with JEA he doesn't foresee a problem, but other people he is not as comfortable with and the reason you have construction bonds is so you can recoup losses should they occur. Mr. Carper pointed out that this only affects utilities that are putting things in our right -of- way and they have to have a permit to do that anyway. He further stated they would not let a fly -by -night utility come in here; they would be a financially responsible firm anyway, i.e. AT &T, JEA, Comcast, TECO Peoples Gas. He stated if a company was not of a significant size that would be the case when the construction/security bond would come into play. Mr. Hanson added the City has almost daily dealings with JEA, Comcast and AT &T and his assumption is that they would meet this requirement and he feels comfortable that if they mess something up we could get them to fix it. He stated for any of the smaller companies he would be a lot less comfortable with them putting something in the right -of -way because they can tear up a lot of things. He stated he believes this ordinance is more intended to give the big companies we deal with pretty regularly a break. Discussion ensued. Mayor Borno asked Ms. Higley, who was in the audience representing JEA, if this was good language JEA was comfortable with. Carol Higley, 21 West Church Street, representing JEA, stated when they met with Mr. Hanson and Mr. Jensen they worked through the language and discussed any concerns. She stated they understand the goal is to have one ordinance across the board and, as they discussed JEA specifically, they talked about the strong working relationship they have with the City of Atlantic Beach and their ability to correct any issues that may arise. She stated they were advised by General Counsel that the construction bond was a challenge and, therefore, they submitted the language to be able to offer the potential to substitute the financial statement, that Mr. Jensen changed to "audited ", which they fully support. Commissioner Woods asked what she meant by a challenge. Ms. Higley stated she is not the legal or risk management person so she does not have that answer tonight but would be happy to find that out and get back to her regarding what some of the details were that were more burdensome than the proposed language they submitted. Commissioner Woods stated she was making a leap here that if it was challenging to JEA then it would be challenging to everyone and no one is going to want to do it. She stated the Commission's job is to work with them and other utilities but their primary job is to protect our City and our City's interests just like Ms. Higley's is to protect JEA. She stated she still would feel more comfortable with the language being left out. City Attorney Jensen stated they need to understand the purpose of the bond and the security account is to assure they have the financial wherewithal to correct these things and it was their opinion that someone like JEA would have the financial ability to make any repairs necessary without posting a bond. He stated if someone unknown comes in, or someone comes in that is known who is doing a much larger project, they can still require a bond. He stated, however, if a company can provide us with audited financial statements showing they have more than sufficient funds and financial ability February 14, 2011 REGULAR COMMISSION MEETING Pate 5 to make any repairs, it would seem logical then to waive the requirement of a bond. Discussion ensued. Commissioner Parsons stated he was baffled by some of the arguments when you are talking about the JEAs, AT &Ts and Comcasts of the world. He stated you are irritating someone who works with us a lot, with whom we have a good relationship and they are going to go back and say Atlantic Beach is really being uncooperative. He stated we have been doing business with these companies for years and they have been around longer than any of us sitting up here. He stated he believes the amendment should be added because it is ridiculous to go to these type companies and say Atlantic Beach is worried about you. Commissioner Woods stated she understands what Commissioner Parsons is saying and knows we have good working relationships with these companies but this language doesn't say that. She stated this language leaves it up completely to one person's discretion and maybe it's Jim and maybe it's not because this ordinance will probably be here for a number of City Managers. She stated she is uncomfortable with this language and it's no ill will toward Comcast or anybody else. She stated their position as a City Commissioner is to do what they can to protect the City and maintain working relationships but she still is not comfortable with the language because they are all assuming it's only talking about Comcast and AT &T, but none of that's in here. Mayor Borno stated the City Manager is the administrative person who carries out whatever the Commission puts forward and he also has financial people and other staff who have the ability to evaluate auditing. He stated it is not the City Manager doing the audit, it is staff. He stated you can't say it is just one individual making this decision, it is the staff. He stated he believes this ordinance is a tool that is very well thought out. He stated the Commission is getting into micro- managing again and that is not what they are there for. Stating because of the apparent feelings they have for the capabilities of the City Manager, Commissioner Parsons asked if Commissioners Woods and Daugherty would be happy if they actually named JEA, AT &T and Comcast etc. and put them in there separately and have staff rewrite and bring the ordinance back to the Commission. Commissioner Daugherty stated this has nothing to do with the City Manager. He stated he is very capable. He stated this is just erring on the safe side. He stated he would be comfortable if they deferred this and see what Commissioner Fletcher has to say and in the meantime take this back to JEA to have a $1 million standing bond. Commissioner Woods stated she believes Commissioner Parsons misunderstood what she was saying. She stated she did start out by saying the City Manager had a lot of talents and was not disparaging him or JEA or anyone else. She stated the other point is that some of the companies are publicly traded and can be sold and you would have to go back in and change the ordinance. February 14 2011 REGULAR COMMISSION MEETING Pace 6 Mayor Borno stated he understands that this ordinance is not just for the big companies but for anyone who works in the right -of -way. Mr. Carper stated that was correct and anybody could request a waiver. Motion: Defer the ordinance until the next meet Moved by Daugherty, Seconded by Parsons Commissioner Woods asked for clarification of what the deferral was for. Commissioner Daugherty stated it is to get Commissioner Fletcher's input and to talk about it further. Commissioner Woods added it would also allow us to hear back from JEA and anyone else interested. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 20-11-108, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. Mayor Borno read Ordinance No. 20 -11 -108 by title. Motion: Approve Ordinance No. 20 -11 -108 as read. Moved by Parsons, Seconded by Daugherty. City Manager Hanson explained the amendments to the operating budget which includes recording the revenues and expenses for the new stage at the Veterans Memorial Park. He stated the City has already received a check for $50,000 from the Veterans groups which should cover the cost. He stated the second amendment is to transfer some leftover money from another grant to extend the salary for the Community Redevelopment Coordinator through the end of April. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Selva Marina Sewer Rehabilitation. Public Utilities Director Donna Kaluzniak explained this is a continuation of the sewer master plan recommendations to line the old clay sewer lines and manholes. She stated they will be piggybacking, as in the past, on JEA's contracts. Commissioner Woods stated she has noticed sometimes when we have bids the report will show only some of the bids and not all which seems to not be in line with our Sunshine Laws. She gave a handout to the Commission with areas she had highlighted February 14 2011 REGULAR COMMISSION MEETING Pate 7 for emphasis and asked Mr. Jensen for his input. She stated in the meantime, she does not believe they should vote on it. Ms. Kaluzniak explained this is a JEA bid that we are piggybacking on. She stated she could get copies of their bid but they usually just reference their low bid. She stated this bid was opened in the public under JEA at their formal bid opening and all the bids were listed. She stated all we did was ask if we could piggyback on their low bidder, which they have done for all of the sewer rehabs so far. Mr. Hanson stated every time we take bids, all of the bids are referenced in the staff report but when you piggyback on someone else's bids they don't try to go back and get a compilation. Mr. Carper agreed, stating on several of his bids where he has had ten or more bidders, the staff report will only reference the low bid or the top three, but there is always a bid analysis attached which lists all bids as prepared by the Purchasing Agent for every bid opened in the public. Commissioner Woods stated that is lacking in this one and also when they looked at the financing it was mentioned there was more than one bidder but they didn't get that information. City Attorney Jensen explained these weren't bids that were submitted to Atlantic Beach. They were bids of JEA who gave the lowest bid to Insituform and we are piggybacking on their unit prices. Ms. Kaluzniak stated that was correct. Commissioner Woods stated we don't have that information. Mr. Jensen asked her what information? Commissioner Woods stated, what the other bids were. Mr. Jensen reiterated the bid was awarded by JEA. Commissioner Woods stated she knows that but they have to make the decision on this particular project and they don't have that information to make that decision on. She stated she knows what it says and she is not disagreeing that it is low, but she is saying, as a Commission, they are not given that information here. Mr. Jensen asked her to clarify that she wants the information from JEA about who the other two higher bidders were. Commissioner Woods stated that was why she was asking Mr. Jensen's opinion to look into it a little bit more and see if it applies that we should be given all of that information. Mr. Jensen stated it does not apply when we are piggybacking on someone else's State contractor or JEA contractor. Mr. Carper stated our purchasing code only allows us to piggyback on an awarded contract so we couldn't piggyback with the other vendors even if they were lower. Mr. Kaluzniak stated she did look at this bid and they were the low bidder by a pretty good amount. Commissioner Woods stated that was not her question/issue, she just wanted to make sure we are doing this correctly and if there are different rules to piggybacking she would like to know what they are. Ms. Kaluzniak stated that is in our purchasing ordinance. Mr. Hanson further explained the theory on piggybacking on bids is based upon the idea that a much larger bid is going to get you a much better price. Discussion ensued. Motion: Authorize Insituform Technologies, Inc to install cured -in -pla pipe (CIPP) for the Selva Marina Sewer Rehabilitation Project in the am ount of $271,071, using specifications and pricing in JEA Contract No. 82768. A Concrete Conservation, Inc to provide manhole rehabilitation for the Salt Air Sewer Rehabilitation Project in the amount of $22,537 using specificat and pricing in JEA Contract No 88990 Authorize the City Manager to sign the contracts with Insituform Technologies, Inc and Concrete Conservation, Inc. February 14, 2011 REGULAR COMMISSION MEETING Page 8 Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED B. Request Authority to Apply for Florida Department of Transportation (FDOT) Grant Funding- Purpose: Bicycle /Pedestrian Safety. Assistant City Manager David Thompson summarized his staff report and explained staff has put together a proposal for a concept paper to submit to FDOT for a one -year grant. He stated he is requesting the Commission's authorization to proceed with the concept paper and approval for the Mayor to sign the paperwork. He answered questions from the Commission. Motion: Authorize staff to submit a Concept Paper and a subsequent application to FDOT for one year of grant funding, and authorize the Mayor to sign initial and subsequent documents for this grant. Moved by Daugherty, Seconded by Parsons. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported on the latest alcohol deployment stating of twenty -two businesses checked, two businesses did sell alcohol to minors, the Burrito Cantina and the Mayport Food Store. He stated the Strategic Plan Quarterly Report has been distributed. He stated the Strategic Planning Workshop meetings will be held next Tuesday and Wednesday, at 5:00 pm at Adele Grage. Mr. Hanson reported on the National Conference on Beach Renourishment Technology that was held last week. He stated the next renourishment is scheduled to begin this summer, with 1.7 miles of renourishment in Atlantic Beach. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney A. City Attorney regarding speaker forms. City Attorney Alan Jensen explained the change to the speaker forms which was requested by Commissioner Daugherty. Motion: Change the blue speaker forms as recommended by the City Attorney. Moved by Daugherty, Seconded by Woods February 14, 2011 REGULAR COMMISSION MEETING Pate 9 Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Woods • Commented on the Building Department Report, stating the number and value of the permits had doubled which she believes is a good sign for Atlantic Beach and the economy in general. • Stated she put a short video on YouTube of the front runners near Adele Grage from the 26.2 with Donna marathon. • Related to Commissioner Daugherty's comments at the last meeting regarding Mr. Jensen's negative comments against her, stated she has reviewed the email thread between Alan Jensen, the March 22, 2010 letter from her attorney, Gray Thomas, to Alan Jensen and the March 22, 2010 letter Mr. Thomas wrote to Mr. Lippes. She stated she is putting Mr. Jensen on notice that she is considering filing a complaint against him with the Florida Bar in accordance with Rule 3 -4.3, the Della Donna Rule. She further requested that Mr. Jensen's behavior toward her change and that he interact with her on a professional level, as he accords other members of this Commission, from now moving forward. She requested a copy of her comments, the email thread and the two letters mentioned be included with these minutes (which are attached and made part of this Official Record as Attachment A). Commissioner Parsons • Stated he totally disagrees with Commissioner Woods and Mr. Jensen has been nothing but a great servant to the Commission and the people of Atlantic Beach and sees nothing wrong with the wording he used or what he has done in the past. • Stated Atlantic Beach has some culture in it now. He stated he ran into David Thompson at the Darnell Cookman Extravaganza Saturday night and was shocked when they introduced Mayor Borno. Stated he was real proud of them. Commissioner Daugherty • Clarified that he is not supporting a lot of the things Commissioner Woods is doing and the burden she is putting on staff with the records requests, although he commends her for the effort she has put in to doing her job. He stated he believes Mr. Jensen's responses were reactionary and he sat down with him that week and discussed this issue. He stated they came to a conclusion that anytime an accusation is made by Commissioner Woods toward Mr. Jensen or the City Manager he will notify the Commission and it will be up to the Commission to govern themselves. He acknowledged he also threw Mr. Jensen under the bus and he believes that when he is talking to an employee he should also treat them with respect. He stated a lot of what Commissioner Woods wrote was very accusational and unprofessional, as well. He stated he also does not appreciate some of the language she used toward some of the City employees. In the future, he stated he hopes we can get past this and discuss things in a very civil manner. February 14, 2011 REGULAR COMMISSION MEETING Pa Se 10 Mayor Borno • Agreed with Commissioner Parsons that the extravaganza downtown was exceptional. He stated he has never seen a group of high school students whose performance makes Broadway look sick. • Stated he spoke with Donna Deegan who was very happy with the cooperation of Atlantic Beach and the citizens' response to the race. • Stated we are all supposed to be working together as a team and should not be drawing lines in the sand and he believes each of them have to evaluate that all the time as they do their job. He urged everyone to consider that as they progress forward and see if they can't get onboard a wee bit better. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:11 p.m. Mike Borno, Mayor /Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk ATTACHMENT A AB Commission Meeting 2 -14 -2011 C. Woods comments putting Jensen on notice of possible Bar Complaint I have reviewed the email thread between Alan Jensen and me that Mr. Daugherty brought up at our last meeting and caused Mr. Daugherty to comment negatively on Mr. Jensen's unprofessional demeanor towards me. I have, among many other documents, also reviewed the March 22, 2010 letter from my attorney Mr. Thomas Gray to Alan Jensen where Mr. Thomas reminded Mr. Jensen of his appropriate, and required duties as the city attorney, which were in stark conflict with his actions towards me. Also the March 22, 2010 letter Mr. Thomas wrote to Mr. Lippes, which should have been written by Mr. Jensen on my behalf, assuring Mr. Lippes that his attacks on me were unfounded and unwarranted, and the demands on me were meritless. I am now putting Mr. Jensen on notice that I am considering filing a complaint against him with the Florida Bar in accordance with, at the very minimum, Rule 3 -4.3 the Della Donna Rule which asserts that "unethical or unprofessional conduct by a member of the legal profession cannot be tolerated." Despite my decision I expect Mr. Jensen's entire behavior towards me to change and that he interact with me on a professional level, as he accords other members of this commission, from now moving forward. I have brought a copy of my comments, the email thread and the two letters mentioned which I am requesting to be included in this meeting's minutes. RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amens ATTACHMENT ENT A Once again you are not correct. Alan - - - -- Original Message---- - From: Woods, Carolyn [ mailto:cwoods @coab.us Sent: Tuesday, January 25, 2011 6:22 PM To: Alan Jensen Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 I believe I was responding to your not completely accurate message that the RCBS EAB case had been dismissed. Carolyn 241 -8973 From: Alan Jensen [alan @ajensenlaw.com] Sent: Tuesday, January 25, 2011 5:19 PM To: Woods, Carolyn Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Carolyn: I didn't begin it, you did. I was responding to you. Alan - - - -- Original Message-- - From: Woods, Carolyn [ mailto:cwoods @coab.us Sent: Tuesday, January 25, 2011 5:14 PM To: Alan Jensen Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Alan, Why did you even begin this line of communication? Carolyn 241 -8973 From: Alan Jensen [alan @ajensenlaw.com] Sent: Monday, January 24, 2011 5:16 PM To: Woods, Carolyn Cc: Bartle, Donna; Borno, Mike; jfletcher @coab.us; Parsons, Paul; Daugherty, Jonathan; Hanson, Jim Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Carolyn: I asked why you don't support the city's position, not whether you support the city and its citizens. You know, the decisions made by the city commission, even if you are the lone dissenting vote. I also ask: what park land is the city losing? And, is there no benefit to the taxpayers of AB by compliance with.the mandatory TMDL requirements? Is there no benefit to the taxpayers of AB by obtaining the easement over EAB's property for a bargain price, as well as all the development concessions received from EAB? http: / /abmail.coab.us /owa / ?ae= Item&t= IPM .Note&id= RgAAAACHA6upZJtUQI... 2/13/2011 RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amende( ATTACHMENT A You have many times discussed "this poor choice" with your fellow commissioners, whose choice it was, and who have stood by their choice. And as you should recall, though sometimes our memories are selective, the city has an indemnification and hold harmless from EAB regarding claims against the property from all persons. The city should spend very little in defense of the lawsuit as a result of the indemnification. How much has the city spent so far, since you seem to know ? As far as my wallet, I have spent substantially greater time on issues and matters created by you, together with your endless and often repetitive public records requests (including directives you seem to think you can give directly to city department heads) , than on the RCBS case. What legal education, knowledge, experience, training, resources and other information do you base your belief on EAB's rights to the reverter and actions of the Jax general counsel's office ? I can only assume 2 things: (1) you believe that EAB's attorneys and Jax general counsel lawyers are incompetent, like everyone but you who sit on the dais in our commission chambers (your words, not mine), and (2) you will again fail to respond to this e -mail. What proof or evidence do you have that I "..support the Estates over the City and its citizens... "? I support the city's position evidenced by a majority vote of its elected officials taken at a duly noticed public meeting. In my opinion, you should as well. I also rely on other experts, such as attorneys, judges who have issued rulings, title companies', and the like. Your continued efforts to undermine lawful actions taken by the city commission need to stop. You also need to get your facts and law straight. Alan - - - -- Original Message---- - From: Woods, Carolyn [ mailto:cwoods @coab.us Sent: Monday, January 24, 2011 3:40 PM To: Alan Jensen Cc: Bartle, Donna Subject: RE: Emailing:. RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Alan, I support my city and its citizens. Here I am opposing a few citizen's will over the majority because primarily the city is losing great resources when it loses park land and a vital portion of its natural drainage system is negatively impacted. In addition our taxpayers will be negatively impacted by development on this land and receive no taxation or benefit from it. Also we had and still have a very viable route option as presented by the Oceanwalk homeowners that was deemed too expensive at a negotiated additional $25,000 "estimate" but looks like a bargain compared to what the city has spent in defending this poor choice. How's your wallet? As to the ownership of the property I find it extremely hard to believe that the Estates had any right to claim this property when they were unable to provide any documentation or explanation as to any rights to invoke the reverter although I did ask for this many times. Even their letter to the Jacksonville general councils office did not claim to have any rights simply that they bought the land next door and by matter of law they were invoking the reverter. It's too bad the Jacksonville general council did not ask for documentation proof before issuing a quit claim deed for the property. Think of how much time energy and grief could have been saved. http: / /abmail.coab.us /owa / ?ae= Item& t = IPM .Note &id= RgAAAACHA6upZJtUQI... 2/13/2011 RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amend ATTACHMENT A Why do you support the Estates over the City and its citizens? Carolyn 241 -8973 From: Alan Jensen [alan @ajensenlaw.com] Sent: Sunday, January 23, 2011 6:18 PM To: Woods, Carolyn Cc: Bartle, Donna Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Rightfully regain? Why would you not support the city's position ? - - - -- Original Message---- - From: Woods, Carolyn Sent: Sunday, January 23, 2011 6:03 PM To: Alan Jensen Cc: Bartle, Donna Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Alan, Based on comments from the plaintiffs over the course of the past year or more that this issue has been discussed at commission meetings I fully expect the plaintiffs to pursue every legal option available to them to rightfully regain their property. Wouldn't you? Carolyn From: Alan Jensen [alan @ajensenlaw.com] Sent: Friday, January 21, 2011 9:19 AM To: Bartle, Donna Cc: Borno, Mike; jfletcher @coab.us; Woods, Carolyn; Parsons, Paul; Daugherty, Jonathan; Hanson, Jim Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Donna: Carolyn's "understanding" as expressed in her e -mail below is incorrect. The Order entered by Judge Tygart on Jan.14, 2011, clearly' states at the top of page'3 the following: " As such, this Court finds that Plaintiffs Mary T. Bull, William A. Bull, Sr., Harcourt Bull, III, Chelly B. Schembera, and Charles Harcourt Bull lack standing to maintain this action, as only trustees have the authority to bring this lawsuit." (Emphasis added). The court did grant leave to amend within 30 days and /or request the Court to appoint trustees if there are no surviving directors and /or trustees. If Carolyn has any knowledge regarding the "RCBS successors" amending their complaint and proceeding with a suit to clear title, since she expects that to happen, that would be helpful for me to know and share with our insurance company attorneys, and would be beneficial to the city. Please contact me with any questions. Alan From: Bartle, Donna [ mailto:dbussey @coab.us Sent: Friday, January 21, 2011 8:14 AM To: Alan Jensen http: / /abmail.coab.us /owa / ?ae= Item&t= IPM .Note&id= RgAAAACHA6upZJtUQI... 2/13/2011 RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amendec ATTACHMENT A Cc: Hanson, Jim Subject: FW: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Alan, FYI. Donna From: Woods, Carolyn Sent: Thursday, January 20, 2011 5:18 PM To: Bartle, Donna; Borno, Mike; Daugherty, Jonathan; Fletcher, John L; Parsons, Paul Cc: Hanson, Jim Subject: RE: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Donna, My understanding is that although the judge granted the motion to dismiss this suit based on the RCBS as the complaintant he found the RCBS successors do have standing in this issue and cleared the way for the RCBS successors to amend the complaint and proceed with a suit to clear title. Which I believe we should expect will happen if it has not already. Thank you, Carolyn 241 -8973 From: Bartle, Donna Sent: Wednesday, January 19, 2011 11:58 AM To: Borno, Mike; Woods, Carolyn; Daugherty, Jonathan; Fletcher, John L; Parsons, Paul Cc: Hanson, Jim Subject: Emailing: RCBS -Order Granting Defendants motions to dismiss amended complaint 1_18_2011 Attached is information I received from Alan Jensen regarding the RCBS Case. Thanks, Donna http: / /abmail.coab.us /owa / ?ae= Item&- t= IPM .Note &id= RgAAAACHA6upZJtUQI... 2/13/2011 ATTACHMNT A SHEPPARD, WmTE, THOMAS 8L KACHERGUS, P.A. Attorneys & Counselors at Law 215 WASHINGTON STREET JACKSONVILLE, FLORIDA 32202 904/356 -9661 WM. J. SHEPPARD Telefax 904/356 -9667 D. GRAY THOMAS Board Certified Criminal Trial Lawyer Also admitted to the Georgia Bar ELIZABETH L. WHITE Also admitted to the Oregon Bar March 22, 2010 Via Facsimile No.: 246 -9960 & Electronic Mail Alan C. Jensen, Esquire City Attorney City of Atlantic Beach Post Office Box 50457 Jacksonville Beach, Florida 32240 -0457 Re: Commissioner Carolyn Woods Dear Mr. Jensen: MATTHEW R. KACHERGUS BRYAN E. DEMAGGIO This firm represents Carolyn Woods in regard to certain assertions and demands made to her, by way of a letter to you by counsel for Estates of Atlantic Beach, LLC ( "EAB "). As City Attorney for the City of Atlantic Beach, you owe a duty to each of its commissioners as well as the collective Commission. You are employed by the City, the charter of which vests power in the Commission. Your position does not provide that you make EAB's demands on Commissioner Woods on behalf of the City. _ If you have any questions, please contact me. DGTAdh[woods.earolyn jensen.ltrl email: sheplaw@att.ner ATTACHMENT A SHEPPARD, WHITE, THOMAS 81 KAACHERGUS, P.A. Attorneys & Counselors at Law 215 WASHINGTON STREET JACKSONVILLE, FLORIDA 32202 904/356 -9661 WM. J. SHEPPARD Telefax 904/356 -9667 D. GRAY THOMAS Board Certified Criminal Trial Lawyer Also admitted to the Georgia Bar ELIZABETH L. WHITE Also admitted to the Oregon Bar March 22, 2010 Via Facsimile No.: 633 -7570 & Electronic Mail Harold S. Lippes, Esquire Lippes & Bryan P.A. 800 West Monroe Street Jacksonville, Florida 32202 -4836 Re: Estates of Atlantic Beach, LLC Dear Mr. Uppes: MATTHEW R. KACHERGUS BRYAN E. DEMAGGIO This firm represents Carolyn Woods in regard to attacks and demands directed against her by you on behalf of your client, Estates of Atlantic Beach, LLC. Your attacks on her made in correspondence to City Attorney Alan Jensen and to State Attorney Angela Corey are unfounded and unwarranted, and your demands her are meritless. You are engaged in an inappropriate attempt to intimidate her and others to whom your communications have been addressed. On her behalf, I have no intention of responding to your particularized assertions and demands. As a citizen and as a Commissioner of the City of Atlantic Beach, Ms. Woods is concerned about the proper and appropriate operation of City government and its management of affairs relating to the welfare of its citizens. Among these matters is the pursuit by your client of matters relating to a development. Your client insists on certain actions occurring immediately despite your written statements that no actual construction by your client is contemplated until sometime further in the future. Development issues frequently are a matter of significant public concern, as I am sure you are aware. Your client and representatives are public figures and have involved themselves in matters of public concern. In regard to your client's specific development proposal, one aspect of the proposed development would involve the removal of a substantial number of large, old trees, which would have a significantly detrimental effect on the property values of a number of Ms. Woods' constituents. Furthermore, what Ms. Woods has done is to raise questions in order to seek answers because of facts, circumstances or assertions presented to her by constituents and others, some of which are different than information conveyed to her by City staff, These questions include whether email: sheplaw @atc.ner ATTACHNMNT A Harold S. Lippes, Esquire March 22, 2010 Page Two certain prior actions taken by or on behalf of the City were appropriate, as well as questions to determine the most appropriate actions that should be taken by the City in the future. Furthermore, significant questions have arisen relating to an involved ownership history of real estate involved in your client's development plans, and conflicting title opinions have been presented. Ms. Woods appropriately raised these questions as a citizen and City Commissioner. She has not intentionally or recklessly misstated any assertions of fact. She is asking questions and voicing concerns and opinions about matters of public interest. Your demands toward her and to Mr. Jensen, insisting that the City make your demands to one of its elected commissioners, should cease and those made in the past should be withdrawn. Please contact me if you have any further questions regarding this matter. DGTAdh [woo ds.carolyn.lippes.ltr] cc: Alan C. Jensen, Esquire, City Attomey h — FA a �,' Lf • , . - y4 q } 4y _ . i� r +"= Y' Y S " ;' 1•°ti y* . ; a' f'r.'+�'r I k ., �•�;' } I " '. {�r., •, "', h *�� .., ,,aT .._ - ,. , , , .tom. - _ _ i Vol- 1 7 CSC:. ` .� .i �k' 1 r,7IC�� IG��.� '�N.JI- .til�a,Y��t�]�:T� 1 'M �` �& r, " 'I , r � f 3 • '7� F,� , ".,_�� y u �'._•,'� u�p�14'' „��.. .+, ,' 9a �4 'F�2 d_i+ .�,YC h` �',,• �. � ��i•Y rT - } �a {1tylFq� +4i rf _ �';1! "'+ . •'� \'r4 +�'"y.� C y ",(. [ +•,Mx. I + rf.� . a' I • � '� � .� Y "'as - + 4 � :A�; i r 1�,�� ,} ,� � r � 7 i } r" y, ,� .n�3. 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Al III 0 LIM , "�� i � •' � r r �5'C TT * '��!,- 'T��rT T y �1 t ..2. nly 'Y A , ""? mc ji T; 4 � q ill 04 jjj I ^ I 1• . 1 .1 7 1 644" ,- k� ti vy - 77 N% ' 6 lw Fill, A r id e-4 M k C ti CJ it cftA. I tM'", _ � !��'�`•� #i'.�'v� :°!'��', . I AV - N l� S7� 1 Z` ;�, �Il�'4'.�.�. _ _S""`� .,F t?��'54� µ�� AT f - r.,y, Ypyyo• -7 IL �+ �' y� �T `� fF F�: ��R/. r . � r �� .5 AM AGENDA ITEM # 3A FEBRURAY 28, 2011 working to exclude themselves from Ethics training and oversight are not building trust or working on behalf of the citizens. Some examples of support: A RESOLUTION OF THE CONCERNED TAXPAYERS OF DUVAL COUNTY IN SUPPORT OF THE CITY ETHICS OFFICE Whereas good ethical behavior is essential to effective government operations; and Whereas the City Ethics Office has been effective in improving ethical standards within Jacksonville city government; Now therefore be it resolved that the Concerned Taxpayers of Duval County fully support the City Ethics Office. I write you on behalf of the participants of JCCI Forward's fall 2010 Ethics Forum, ... It is our belief that returning Ethics to the City's Charter is the best solution to remedy the concerns of our community and ensure that Jacksonville obtains a reputation for setting high ethical expectations and consistently enforcing those expectations. This can only be achieved through an independent ethics office that will not have to face the challenge of oversight by the same officers who it is charged to regulate. The current proposal of superfluous changes to the Ethics in the Charter Bill is only delaying what has already been a long and tedious process, and sends a message to the community that its local government does not aim to make the education and enforcement of ethics an immediate priority. Florida Times Union Editorial City ethics: Time to upgrade Our view The city's Ethics Commission needs more independence as the ethics watchdog a city government of this size needs and deserves. It should have the ability to pursue ethics concerns that include city purchasing, campaign finance, open Tr il� AL V "' III' Lip. i�h .��" �i� "�'t `� Si Al, A LI - r�v t ",�'. fir+{} ri. � ,i.,ti`��c�P;`,ra 1= :L�j�- �•'Z.. n I�:,' t �a-y�-,�; a +: S ck�� fir' fill d& ".. I 7 - 1 ... 7 k 4*Ai N 'r Aye Ur Ml 31l r; Aye J�VXTAAM 60) .3,11 r P IL I —q 4 0 g sl!. 10 Pit A� 4 14F Alt rd 'P , ,PA 4.44 �kl 01 0 1 71 1 * 7 4d N5 c 11 3 �' ' �a f " '4C . - f :,� x ,� f r � 4 a,?t�r � ' � } `�' , � 4 � �+1.� ; ::o }��ar 4 I� '$ti� �,t' }. � �� I' . "` 7. ��:. 3 "�rJ i . i :%.." 9 i,_ 4 41. I - - e; 07f�,;. 1 ON ' U. � I . g .. , Lp v wovm I City of Atlantic Beach FINANCIAL REPORT JANUARY 2011 AGENDA ITEM # 4A FEBRURAY 28, 2011 Cash Balances Prior Current Dollar Fund(s) 12/31/10 01/31/11 Change General $6,802,696 Tree Replacement 3,989 Convention Development Tax 42,616 Local Option Gas Tax 131,641 Better Jax 1/2 Cent Sales Tax 303,904 Police Training, Forfeiture, Grants, etc. 139,399 Community Development Block Grant 0 Debt Service 24,303 Capital Projects 1,822,032 Utility 4,269,033 Sanitation 639,688 Building Code Enforcement 42,924 Storm Water 1,806,090 Pension - Police 17,802 Pension - General 93,787 Investments - Unallocated Gains (Losses) (254,910) Total $15,884,994 Total Restricted Cash Total Unrestricted Cash $6,788,419 ($14,277) 3,989 0 41,587 (1,029) 124,405 (7,236) 286,645 (17,259) 133,777 (5,622) 0 0 30,052 5,749 1,979,798 157,766 4,338,120 69,087 658,477 18,789 42,004 (920) 1,549,052 (257,038) 14,233 (3,569) 120,798 27,011 (287,077) (32,167) $15,824,279 ($60,715) $7,596,438 $8,227,841 Cash and Investments Prior Current Dollar Interest Account 12/31/10 1/31/11 Change Rate Bank of America - Depository $4,519,802 Federal National Mortgage Association Bonds 2,005,560 US Treasury Notes 1,132,485 US Treasury Notes 2,103,005 Federal Farm Credit Bank Consolidated Bonds 1,142,538 Federal Home Loan Bank Consolidated Bonds 1,016,447 Pimco Mutual Fund 1,979,152 Putnam US Government Mutual Fund 1,982,780 MorganStanley SmithBarney Cash 0 SBA - Florida Prime 275 Cash on Hand 2,950 Subtotal 15,884,994 Police Pension Investments 6,409,036 General Pension Investments 11,078,916 Subtotal 17,487,952 Total $33,372,946 (1) Fiscal year to date rate of return is (2.1 %) $4,458,191 ($61,611) 0.300% 2,006,261 701 4.300%(1) 1,138,635 6,150 4.625%(l) 2,103,032 27 3.625%(l) 1,122,826 (19,712) 4.875%(l) 1,015,221 (1,226) 4.300%(l) 1,961,734 (17,418) 2.054%(l) 2,010,394 27,614 5.076%(1) 4,760 4,760 0.000% 275 0 0.260% 2,950 0 N/A 15,824,279 (60,715) Rate of Return 6,446,267 37,231 1.010% 11,171,391 92,475 0.940% 17,617,658 129,706 $33,441,937 $68,991 City of Atlantic Beach FINANCIAL REPORT JANUARY 2011 Revenues AGENDA ITEM # 4A FEBRURAY 28, 2011 Annual I YTD - 33% YTD Dollar Percent Fund / (Footnote) Estimate of Estimate Actual Variance Variance General (1) & (3) $11,515,549 $3,834,678 Convention Development Tax 192,857 64,221 Local Option Gas Tax 463,523 154,353 Better Jax 1/2 Ct Sales Tax 658,424 219,255 Police Training, Forfeiture & Grants, etc. 153,535 51,128 Grants (2) 647,352 215,568 Debt Service 68,650 22,860 Capital Projects 853,000 284,049 Utility (3) 19,061,825 6,347,588 Sanitation 1,837,500 611,888 Building Code Enforcement 317,850 105,844 Storm Water 669,124 222,818 Pension - Police (4) 964,726 321,254 Pension - General (4) 1,522,969 507,149 $12,962,653 Total $38,926,884 $6,336,867 $2,502,189 65.25% 25,646 (38,575) - 60.07% 151,262 (3,091) -2.00% 204,477 (14,778) -6.74% 102,808 51,680 101.08% 15,230 (200,338) - 92.93% 22,984 124 0.54% 375,401 91,352 32.16% 4,009,982 (2,337,606) - 36.83% 610,731 (1,157) -0.19% 95,341 (10,503) -9.92% 230,070 7,252 3.25% 511,772 190,518 59.30% 1,100,323 593,174 116.96% $13,79 $830,241 Analysis of Major Variances (1) The $2,502,189 positive variance in the General Fund resulted from having received 85% of the budgeted property taxes. Typically the majority of these taxes are received from the City of Jacksonville in December & January. Also, the TMDL related transfer of $892,560 from the Utility System Debt Service Fund was done due to the receipt of loan proceeds. (2) The $200,338 negative variance in the Grant Funds resulted from not having any expenditures fiscal year to date. All of these grants receive revenues when the related expenditures are made on the projects and a reimbursement request is filed with the granting agency. (3) The $2,337,606 negative variance in the Utility Funds resulted from not having received the budgeted fiscal year to date proceeds from the Bank - Qualified Loan. Partial receipt of the loan proceeds was received in December, 2010. The City will receive additional loan proceeds as needed when the related expenditures are made on the project. If the loan was not included in this calculation, the variance would be a positive 2.9 %. (3) The $190,518 positive variance in the Police Employee Pension Fund & the $593,174 positive variance in the General Employee Pension Fund resulted from changes in market values of the investments. City of Atlantic Beach FINANCIAL REPORT JANUARY 2011 Expenses AGENDA ITEM # 4A FEBRURAY 28, 2011 Analysis of Major Variances (1)The positive variance in the Public Safety Funds resulted from: open positions in the Patrol division, : the payment being due quarterly to the City of Jacksonville for fire & rescue services (the payment for October through December 2010 was paid in December 2010), the seasonality of the Lifeguards, and limited activity on the Public Safety Building — see Project Activity Schedule. (2)The positive variance in the Public Utilities department resulted from limited activity on the various projects funded from this source — see Project Activity Schedule. (3)The positive variance in the Operating Expenses is partially due to: only 3 of 4 monthly payments have been paid on the Advanced Disposal Services Jax LLC, and First Vehicle contracts; no monies have been spent on the Stormwater Master Plan and only 11 % of the budget for paving has been spent in the Local Option Gas Tax Fund. (4)The negative variance in the Debt Service Accounts resulted from the October and December payment of principal and interest on the Utility Revenue Bonds. (5)The positive variance in the Transfer Accounts resulted from the TMDL related transfer from the Utility System Debt Service Fund to the General Fund due to the receipt of loan proceeds. The accounts are now 73% of the budgeted amounts. Annual YTD - 33% YTD Dollar Percent Department / (Footnote) Estimate of Estimate Actual Variance Variance Governing Body $42,260 $14,073 $13,935 $138 0.98% City Administration 2,465,322 820,952 855,516 (34,564) -4.21% General Government 914,780 304,621 202,577 102,044 33.50% Planning and Building 531,131 176,866 147,485 29,381 16.61% Public Safety (1) 6,103,010 2,032,304 1,714,338 317,966 15.65% Recreation and Special Events 392,160 130,589 151,010 (20,421) - 15.64% Public Works 6,702,937 2,232,078 2,154,138 77,940 3.49% Public Utilities (2) & (4) 19,711,651 6,563,981 4,030,700 2,533,281 38.59% Pension - Police 548,977 182,809 182,685 124 0.07% Pension - General 555,445 184,963 225,943 (40,980) - 22.16% Total $37,967,673 $12,643,236 $9,678,327 $2,964,909 Annual YTD - 33% YTD Dollar Percent Resource Allocation Estimate of Estimate Actual Variance Variance Personal Services $9,416,977 $3,135,854 $2,905,557 $230,297 7.34% Operating Expenses (1) & (3) 10,157,451 3,382,431 2,918,470 463,961 13.72% Capital Outlay (2) 13,804,832 4,597,009 1,112,882 3,484,127 75.79% Debt Service (4) 2,137,906 711,923 1,329,542 (617,619) - 86.75% Transfers (5) 2,450,507 816,019 1,411,876 (595,857) - 73.02% Total $37,967,673 $12,643,236 $9,678,327 $2,964,909 Analysis of Major Variances (1)The positive variance in the Public Safety Funds resulted from: open positions in the Patrol division, : the payment being due quarterly to the City of Jacksonville for fire & rescue services (the payment for October through December 2010 was paid in December 2010), the seasonality of the Lifeguards, and limited activity on the Public Safety Building — see Project Activity Schedule. (2)The positive variance in the Public Utilities department resulted from limited activity on the various projects funded from this source — see Project Activity Schedule. (3)The positive variance in the Operating Expenses is partially due to: only 3 of 4 monthly payments have been paid on the Advanced Disposal Services Jax LLC, and First Vehicle contracts; no monies have been spent on the Stormwater Master Plan and only 11 % of the budget for paving has been spent in the Local Option Gas Tax Fund. (4)The negative variance in the Debt Service Accounts resulted from the October and December payment of principal and interest on the Utility Revenue Bonds. (5)The positive variance in the Transfer Accounts resulted from the TMDL related transfer from the Utility System Debt Service Fund to the General Fund due to the receipt of loan proceeds. The accounts are now 73% of the budgeted amounts. City of Atlantic Beach FINANCIAL REPORT JANUARY 2011 Project Activity - Current Year Activi Only AGENDA ITEM # 4A FEBRURAY 28, 2011 Project YTD YTD YTD Project Name Number Budget Actual Balance Status Public Safety Lifeguard Building Roof Replacement LG0901 8,000 0 8,000 Police Building Renovation /Design /Construction PS0504 401,697 31,716 369,981 409,697 31,716 377,981 Public Utilities: Replace Well at Water Plant #1 PUO304 287,018 94,652 192,366 TMDL - WWTP #1 Design PU0905 91,276 91,204 72 TMDL - Lift Station /Main Transfer Flow PU0906 1,708,740 53,888 1,654,852 Elevated Tank - Water Plant #1 PU 1001 1,688 0 1,688 Ground Storage Tank Rehab - Water Plant #1 PU1002 44,340 44,340 0 Collection System Inspection & Rehab PU1004 42,836 27,789 15,047 Mimosa Cove Lift Station Upgrades PU1005 48,590 0 48,590 Lift Station E Upgrades PU1006 48,183 48,183 0 Tank Rehab - Water Plant #4 PU1014 814 0 814 Well Rehab - Well # 1 @ Water Plant #1 PU1101 50,000 0 50,000 Elevated Tank Rehab - Water Plant #2 PU1102 15,000 0 15,000 Ground Storage Tank Rehab - Water Plant #4 PU1103 40,000 0 40,000 Replace 2" Water Main - 11th Street PU1104 120,000 0 120,000 Sewer Rehab - Sea Oats Drive PU1105 300,000 0 300,000 TMDL Upgrade /Construction - WWTP #1 PU1106 5,564,230 7,160 5,557,070 Valve Replacement - Davco & Clarifier PU1107 35,000 0 35,000 Replace Equipment - PW Yard Station PU1108 30,000 0 30,000 Plant Improvements - Master Plan PU1109 469,000 0 469,000 TMDL Sludge /Odor Improvements PU1110 234,914 0 234,914 Subtotal 9,131,629 367,216 8,764,413 Public Works: Riverbranch Preserve - Kayak & Canoe Launch PM0804 196,306 1,758 194,548 Howell Park Bridge Replacement PM1001 20,000 0 20,000 Veteran's Park - Flag & Pavilion PM1006 72,063 69,776 2,287 Dog Park - Hopkins Creek PM1008 27,800 18,578 9,222 Gate at Dutton Island PM1101 20,000 0 20,000 Lighting - Basketball Court PM1102 22,000 0 22,000 Lighting - Security at Community Center PM1103 20,188 0 20,188 Sod - Baseball Field PM1104 32,000 0 32,000 Sod - South End of Soccer Field PM1105 20,000 0 20,000 Parking - Paved PM1106 36,975 0 36,975 Water Fountain - Russell Park PM1107 5,000 0 5,000 Royal Palms Design PW0808 3,294 759 2,535 Royal Palms Stormwater Project PW0905 580,405 456,640 123,765 Bulkhead - Ditch @ Cavalla PW1005 9,472 9,472 0 Sidewalk & Curb Replacement PW1101 25,000 10,585 14,415 Drain Line - Atlantic Blvd /East Coast Dr /Ahern St PW1102 50,000 0 50,000 Subtotal 1,140,503 567,568 572,935 Total $10,681,829 $966,500 $9,715,329 Status Key E C C I C E E I C I A - Bid Advertised I - Project In- progress B - Bid Awarded N - Complete /Non - Capital C - Project Completed R - Re- budget Next Fiscal Year D - Design Completed X - Project Cancelled E - Design Phase. ■ 41 . . . . . . . . . . . J60 A4 ZL + r' - ' I 1 r - '1: ' i •G - r - 4 T �! P �1` V L ill E- jk A ■■ ' �� t r 4�' .J.,,+ F �� *{ `��,�� `', - EI • " - x ► ,� ,� OA rp p; mA— i-'.i d: xk- 7, f -, 4.L' 7 4 If. ■ - V P EEL- mmom AGENDA ITEM # 4B FEBRURAY 28, 2011 c t o d m 7 N V C f0 y 7 o a.0 W LL U m t a 2 CL 0 0 ri O r O O m m r a N C X X X X X X X X X Q Z � pp pp N N C x x x x x x x x x Q O O O O O G O `m y y y U N E t 7 v CL CL d C � a- 4 �_ X X X X X X X X X Z N N N '.., y m E a Q U v M Y y � X X X X X X X X X Z - U N co Cl) I � M C O O O N N C x x x x x x x x x Q O O O O O G O y y y U N E H 7 v CL CL d C ci c v Q U v � Y y � X X X X X X X X X Z - U N co Cl) w a t th (7 M U N aw ci c (U d x O c S wo C to y y E a w w CD N CD O N X X X X X X X X X Z l6 f6 V Dl U LL a N w y y 7 y o o m m 5 d a m o 7 a 4 O O a um) a H y co m D m o (j x x x x x x x x x Q Z OD (F) (F) w w w w U Q m r 1a °D Q Z N X X X X X X X X X o a► a► us a► a a r,. U .!C U a y y y U N E y 7 v CL CL d C v Q U v Y y � r � - U U L O w a th M U N aw c (U d x O S wo C to y y E a w w E E m C LL U lL l6 f6 V Dl U LL a N w y 7 y o o m m 5 d a m o 7 a 4 O O a um) a AGENDA ITEM Pp 7BRoRAY28,mo ƒ \ q R 2 \ o C) = CL R E - 0 0 \ 7 7 7 % _ § 14- e % CL a _+ q < a 2 ° % 2 3 R k �� . < § ® 6 7 7 7 q q U- k 2 � � E_ a N o m m m C � 64 E \ ? 2 L / d 64 64 CV) 6 c 64 : 6 o k 2 7 7 ¥ 2 0 64 64 64 64 4 cu 6�k \ k \ % / Uk < 5 R 0 6 < m c \ ? 3 R R a 2 2 cu k . Vy . «« � v � v ) ® © k cr CL $ S 0 a k k ƒ 0 .E 2 � 2 CL m — 0 0 e k § C a 2 / / t o CL U) _� 0 @ t ) / 2 \ k ¢ k CL CL 2 cl / / 0 E k 3 AGENDA ITEM # 6A FEBRURAY 28, 2011 RESOLUTION NO. 11 -17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE CONTINUED HOME RULE AUTHORITY OF ATLANTIC BEACH, SUPPORTING A CLARIFICATION TO BILL J -6 AUTHORIZING THE ESTABLISHMENT OF AN ETHICS CODE AND ETHICS COMMISSION BY THE CITY OF JACKSONVILLE, SPECIFYING THAT ATLANTIC BEACH WILL NOT BE UNDER THE CONTROL OF JACKSONVILLE'S ETHICS CODE AND COMMISSION BUT SHALL BE GOVERNED BY ITS OWN CODE OF ETHICS POLICY AND THECODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES AS SET FORTH IN CHAPTER 112, FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a charter amendment (bill J -6) relating to the Charter of the City of Jacksonville authorizing the establishment of an ethics code and ethics commission and authorizing the Jacksonville City Council to enact legislation which would have jurisdiction over City of Jacksonville departments, its constitutional officers and independent agencies and the school district has been proposed for adoption by the Florida Legislature, and WHEREAS, since this legislation was never intended to be applicable to the cities of Atlantic Beach, Neptune Beach, Jacksonville Beach or the Town of Baldwin according to the Jacksonville ethics officer, and it was later confirmed in writing by the Jacksonville General Counsel that this legislation would not apply to Atlantic Beach, the proposed bill has been amended to include clarifying language to diminish opportunities for misinterpretation in the future as to its applicability to Atlantic Beach and the other cities, and WHEREAS, all municipal officials in Florida, whether they be elected or appointed, are bound by Chapter 112, Florida Statutes, Part III of which is titled Code of Ethics for Public Officers and Employees, and the stated legislative intent of that Code is to serve not only as a guide for official conduct of public servants, but also as a basis for discipline of those who violate its provisions, and WHEREAS, the Florida Commission on Ethics has been established to investigate complaints against public officers and employees under the Florida Status and consists of a nine (9) member board with an executive director, a full investigative staff and attorneys who act as advocates to present cases to the Commission, and this Commission has adequate capacity to investigate any and all complaints against municipal officials in Florida, and WHEREAS, the home rule powers of the City of Atlantic Beach, established by Art.VIII of the State Constitution and Chapter 166 of the Florida Statutes gives the citizen's of Atlantic Beach, through their own elected City Commission, the power to conduct municipal government, perform municipal functions and render municipal services and to exercise any power for municipal purposes which power shall be limited only by the United States Constitution, State Constitution, general and special law, and any specific limitation in the Atlantic Beach Charter, and AGENDA ITEM # 6A FEBRURAY 28, 2011 WHEREAS, the authority of Atlantic Beach to remain an independent municipality which is separate and distinct from the consolidated Duval County/ City of Jacksonville government has been retained through several lawsuits and interlocal agreements with the City of Jacksonville over several decades, and WHEREAS, it is not desirable, beneficial or appropriate to allow the control of any municipal functions in Atlantic Beach to be usurped by the City of Jacksonville and any transfer of authority by the State Legislature for Jacksonville to do so should be guarded against at all times. NOW THEREFORE, BE IT RESOLVED: SECTION 1 . The Atlantic Beach City Commission supports and affirms its home rule powers as established by the Florida Constitution and Florida Statutes. SECTION 2 . The Atlantic Beach City Commission confirms its willingness and ability to handle municipal functions in the future without being under the control of the City Council of the City of Jacksonville. SECTION 3 . The elected and appointed officials and employees of the City of Atlantic Beach proudly adhere to all rules and standards for ethical behavior as outlined in Florida Statutes. SECTION 4 . The Atlantic Beach City Commission supports language in proposed bill J -6 clarifying that Atlantic Beach is not covered by this charter amendment for City of Jacksonville. SECTION 5. This resolution shall become effective immediately upon it final passage and adoption by the City Commission. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this day of February, 2011. ATTEST: Donna Bartle, City Clerk Mike Borno Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM # 613 FEBRURAY 28, 2011 RESOLUTION NO. 11 -18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, DECLARING ATLANTIC BEACH'S SUPPORT OF THE DUVAL DELEGATION 2011 BILL J -6 RELATING TO ETHICS AND TRANSPARENCY, APPLYING IN ITS ENTIRETY TO THE CITY OF ATLANTIC BEACH WITH THE EXCEPTION THAT; IN ORDER TO PRESERVE ATLANTIC BEACH'S HOME RULE AS AN INDEPENDENT MUNICIPALITY THE CITY OF ATLANTIC BEACH SHALL ADOPT A SEPARATE CODE OF ETHICS FOR THE CITY OF ATLANTIC BEACH AND SHALL NOT BE SUBJECT TO CHAPTER 602 ETHICS OF THE JACKSONVILLE MUNICIPAL CODE. WHEREAS, the proper operation of responsible government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the best interests of the people, the community and the government; that public office not be used for personal gain, and that the public have confidence in the integrity of its government, and WHEREAS, public perception of our local government is at a record low, there is deep felt, nationwide, pervasive and growing climate of mistrust for public officials with residents feeling disengaged from their local government officials, and WHEREAS, the lack of community education defining ethics and the expectations of public servants increases ethical challenges, and WHEREAS, good ethical behavior is essential to effective government operations, and WHEREAS, local government should emphasize and enforce a high standard of ethical expectations at all levels of public service, and WHEREAS, the J -6 bill is the culmination of a citizen led directive with wide spread support from citizen groups such as the Jacksonville Community Council, Women League of Voters and the Concerned Taxpayers of Duval County who in their support declared "that a strong ethics officer is essential to a strong ethics commission and in the end it saves taxpayer money ", and WHEREAS, the State Ethics Commission handles certain offenses under Florida Law, Chapter 112 and has no jurisdiction to assist local ethics commissions or to enforce local ethics laws and an offense of a state law violation, would go to the state for handling, and a local ethics offense would be handled here, locally, with the Duval County Ethics Commission, there is no duplication in this area, and WHEREAS, the training and education of Ethics translates into prevention of offenses, and AGENDA ITEM # 613 FEBRURAY 28, 2011 WHEREAS, this bill strengthens an existing framework within the county government to aide in education, intervention and investigation, which the taxpayers of Duval County are and have been supporting for many years, and WHEREAS, the citizens of Atlantic Beach are also citizens and taxpayers of Duval County, have contributed taxes for many years for these services and are deserving of these same county services, and WHEREAS, an amendment excluding Atlantic Beach would prohibit its citizens from utilizing these services, limiting local oversight and accountability, and WHEREAS, the denial of the citizens of Atlantic Beach access to these services would be tantamount to taxation without representation, and WHEREAS, the cost burden of creating and maintaining a separate Ethics Commission, Officer and Hotline for Atlantic Beach alone after Atlantic Beach taxpayers have already contributed to the funding of these services at the county level would represent double taxation and be cost prohibitive, and WHEREAS, the County of Duval has spent over two years working on assuring the Ethics Officer, Commission and Hotline become independent in their duties in order to provide citizens a means to ensure their representatives are responsible to their office, duties and constituents, and WHEREAS, the City Ethics Office has been effective in improving ethical standards within Jacksonville city government, and WHEREAS, the Jacksonville Council in recognizing the importance of this issue to providing its citizens with good and fair government passed this legislation unanimously, and WHEREAS, the Duval Delegation supports this legislation and requested the City of Atlantic Beach Commission consider this issue and reach a consensus. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH: The City of Atlantic Beach fully supports the Duval Delegations passing of the 2011 J -6 Bill relating to Ethics, with removal of the amendment excluding Atlantic Beach from this legislation and adopting an amendment which provides for Atlantic Beach in this legislation and provides for each and every independent municipality within the County of Duval's consolidated government the right to adopt and be governed by its own code of ethics with all of the support and privileges provided by the County wide Ethics Commission, Ethics Officer and Ethics Hot Line. AGENDA ITEM # 6B FEBRURAY 28, 2011 PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this day of February, 2011. ATTEST: Donna Bartle, City Clerk Mike Borno Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney AGENDA ITEM # 613 FEBRURAY 28, 2011 Duval Delegation Bill 2o11 J -6 J -6 AN ACT RELATING TO THE CHARTER OF THE CITY OF JACKSONVILLE, AS ESTABLISHED IN CHAPTER 67 -1320, AND RECODIFIED IN CHAPTER 92-341, LAWS OF FLORIDA, ALL AS AMENDED; RELATING TO ETHICS, THE CITY OF JACKSONVILLE'S ETHICS CODE, AND THE CITY OF JACKSONVILLE'S ETHICS COMMISSION; AMENDING ARTICLE 1 TO ADD A CHAPTER 2 (ETHICS) TO ESTABLISH AN ETHICS POLICY, TO AUTHORIZE THE ESTABLISHMENT OF AN ETHICS CODE AND AN ETHICS COMMISSION, AND TO PROVIDE THAT THE CITY'S CONSTITUTIONAL OFFICERS SHALL BE SUBJECT TO THE ETHICS CODE; REPEALING SECTION 18.10 OF THE CHARTER; PROVIDING AN EFFECTIVE DATE. Section 1. Article 1, Charter, Amended. Part A, Article 1, of the Charter of the City of Jacksonville, as established in Chapter 67-132o, and recodified in Chapter 9 - 34 1 , Laws of Florida, all as amended, is amended to divide Article 1 into chapters, to title Chapter 1(Consolidated Government), and to create a new Chapter 2 (Ethics), all to read as follows: CHARTER LAWS CHARTER OF THE CITY OF JACKSONVILLE ARTICLE i. GOVERNMENT AND ETHICS CHAPTER 1. CONSOLIDATED GOVERNMENT Section mol. Consolidated government. Section mot. Cities of Jacksonville Beach, Atlantic Beach, and Neptune Beach and Town of Baldwin. CHAPTER 2. ETHICS Section i.2oi. Declaration of Ethics Policy The proper operation of responsible government requires that public officials and employees be independent, impartial, and responsible to the people, that government decisions and policy be made in the best interests of the people, the community and the AGENDA ITEM # 6B FEBRDRAY 28, 2017 government, that public office not be used for personal gain, and that the public have confidence in the integrity of its government. Section 1.202. Ethics Code, Ethics Commission. The City of Jacksonville, acting in its capacity as a county, shall enact an ethics code with jurisdiction over the officers and employees of the consolidated government of the City of Jacksonville, its constitutional officers, and independent agencies and districts, whether elected or appointed, paid or unpaid, and to the officers and employees of the school district. The ethics code mom, as allowed bylaw, supplement state ethics laws. The ethics code shall provide for an independent ethics commission, whose membership shall have appropriate subject matter expertise, and which shall: (a) manage a citywide ethics hotline for intakes of allegations of violations of the ethics code; (b) manage and coordinate the training and education of local officers and emplo ey es in state and local ethics (c) have the authority to refer ethics matters to appropriate enforcement agencies; (d) recommend changes in legislation to City Council in the areas of ethics laws and administration, conflicts of interests, hotline policies, ethics education, ethics in procurement, campaign ethics, and lobbying; (e) have jurisdiction to levy those civil fines or penalties authorized by the City Council for violations of the City's ethics code; (f) act as the hiring committee for the administrative staff of the ethics oversight and compliance office; and whose enforcement Dower is limited to the ethics code authorized by this section and enacted by city council. A structure shall be established for the ethics commission that ensures independence and impartiality Section 1.2og Ethics oversight and compliance office. The ethics code shall include the establishment of an independent citywide ethics oversight and compliance AGENDA ITEM # 6B FEBRURAY 28, 2011 office to coordinate ethics training, ethics compliance, and ethics oversight issues and to staff the ethics commission. The ethics code, ethics commission, and ethics oversight and compliance office in place at the time of enactment of this section shall continue until amended or altered by the Council. Section 1.2o4 Administrative Support. Appropriate support, as determined by City Council, shall be provided to the ethics commission and to the citywide ethics oversight and compliance office to carry out its duties and responsibilities. This support shall include a mechanism to obtain documents and testimony in connection with violations of the City's ethics code. Section 1.205. Ethics Education and Application of Ethics Laws. Within go days after taking office, every elected official within the consolidated government shall complete such ethics training as may be required by the ethics code. This requirement shall apply to all elected officials within the consolidated government, including, without limitation, the Mayor, all City Council Members, all Duval County School Board Members, the Sheriff, the Supervisor of Elections, the Property Appraiser, the Tax Collector, and the Clerk of the Circuit and County Court. Additionally, all such elected officials shall be included in the definition of the term "officer" regarding any ethics code definition referring to officers as any person elected to any City office and all such elected officials shall comply with all laws applicable to officers in the city's ethics code. Section 2. Section 18.1o, Charter, Repealed. Having enacted a new Chapter 2 to Article 1, which includes the provisions of Section 18.10 (Ethics education and application of ethics laws), Section 18.10 of the Charter of the City of Jacksonville, as established in Chapter 67 -1320, and recodified in Chapter 92 -341, Laws of Florida, as amended, is hereby repealed. Section 3. Effective Date. This act shall become effective upon becoming law. G: \SHARED \LEGIS.CC \2010 \Z.J -Bills 2010 - 2011 \Crescimbeni.Ethics.Article 1 Chapter V.6.doc AGENDA ITEM # 7A FEBRURAY 28, 201 I ORDINANCE NO. 65 -11- 37 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, BY ADDING A NEW SECTION PROVIDING FOR THE PLACEMENT AND MAINTENANCE OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF -WAYS WITHIN THE CITY, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 19 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section 19 -8, which section shall read as follows: "Sec. 19 -8. Utility rights -of -way. (1) Short title. This article shall be known and may be cited as the city utility rights - of -way ordinance. (2) Intent and purpose. It is the intent and purpose of the city to promote the public health, safety, and general welfare by: providing for the placement or maintenance of utility facilities, including communications facilities, in the public rights -of -way within the city; adopting and administering reasonable rules, regulations, and policies not inconsistent with federal and state laws including F.S. § 337.401,(2000), as amended, the city's home -rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other federal and state laws; establishing reasonable rules, regulations, and policies necessary to manage the placement or maintenance of utility facilities in the public rights -of -way by all utility service companies and providers; and minimizing disruption to the public rights -of -way. (3) Definitions. For purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and the word "may" is permissive. Words not otherwise defined shall be construed to mean the common and ordinary meaning. Abandonment shall mean the permanent cessation of all uses of a utility facility; provided however, that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be abandonment of a facility in public rights -of -way. AGENDA ITEM # 7A FEBRURAY 28, 2011 The City shall mean Atlantic Beach, Florida. Communications services shall mean the transmission, conveyance, or routing of voice, data, audio, video, or any other information and signals to a point, between points, or among points by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such communication, transmission, or conveyance. Notwithstanding the foregoing, for purposes of this section "cable service," as defined in F.S. § 202.11(2), (2000), as amended, is not included in the definition of "communications services," and cable service providers shall be subject to ordinances of the city. Utility services company and provider shall mean any person, including a City or state, providing utility services through the placement or maintenance of any facilities in public rights -of -way. "Utility services company and provider" shall also include any person, including a City or state, that places or maintains facilities in public rights -of -way, but does not provide public utility services. "Utility Services Company and provider" shall also include any contractors and subcontractors of any person, including a city or state. Communications facility or facility or system shall mean any permanent or temporary plant, equipment, and property including, but not limited to cables, wires, conduits, ducts, fiber optics, poles, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained, or to be placed or maintained, in the public rights -of -way of the city and used, or capable of being used, to transmit, convey, route, receive, distribute, provide, or offer communications services. Facility shall mean any non -city owned permanent or temporary plant, equipment and property, including but not limited to gas, electric, communications, water, sewer and other types of facilities, cables or conduit, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, surface location markers, appurtenances, and other equipment, construction, or pathway placed or maintained or to be placed or maintained in rights -of -way of the City. FCC shall mean the Federal Communications Commission. In public rights -of -way or in the public rights -of -way shall mean in, on, through, over, under, or across the public rights -of -way. Ordinance shall mean this ordinance. Person shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization, or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations. Place or maintain or placement or maintenance or placing or maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate, or relocate. A ORDINANCE NO. 65 -11 -37 2 AGENDA ITEM # 7A FEBRURAY 28, 2011 utility services company or provider that owns or exercises physical control over communications facilities in public rights -of -way, shall be considered as "placing or maintaining" the facilities. A person providing communication service only through resale or only through use of a third parry's unbundled network elements is not "placing or maintaining" the communications facilities through which such service is provided. Public rights -of -way shall mean a dedicated public right -of -way, highway, roadway, street, bridge, tunnel, or alley for which the city has authority, jurisdiction, control, and may lawfully grant access pursuant to applicable law and includes the surface, the air space above the surface, and the area below the surface. Public rights -of -way shall not include private property. Public rights -of -way shall not include any real or personal property of the city, except as described herein and shall not include the city's parks or other non - rights -of -way open spaces, buildings, fixtures, poles, conduits, facilities, structures, appurtenances, or improvements regardless of whether they are situated within or without the public rights -of -way. Public rights -of -way shall not include existing and future private easements, private rights -of -way, leases, contracts, or agreements between the city and any other party or entity. Registrant shall mean a utility services company and provider registered with the city in accordance with the provisions of this section. Registration or register shall mean the process described in this section whereby a utility services company and provider performs certain duties and provides certain information to the city. (4) Registration. (a) A utility services company or provider that desires to place or maintain a facility in public rights -of -way in the city shall first register with the city in accordance with this article. Subject to the terms and conditions prescribed in this section, a registrant may place and maintain facilities in public rights -of -way. A company or provider already covered by an existing franchise agreement with the city shall also be required to register hereunder. (b) The act of registration shall not convey any title, equitable or legal, to the registrant in the city's public rights -of -way. Registration under this article embodies only the placement or maintenance of facilities in public rights -of -way. Registration does not excuse a utility services company or provider from obtaining appropriate and required access or pole attachment agreements before locating facilities on the city's facilities or another person's facilities. Registration does not excuse a utility services company or provider from complying with all applicable city ordinances, codes, or regulations including this section or payment of all applicable franchise fees or taxes. (c) Each utility services company or provider that desires to place or maintain a facility in public rights -of -way in the city shall file a registration with the city which shall include the following information: ORDINANCE NO. 65 -11 -37 3 AGENDA ITEM # 7A FEBRURAY 28, 2011 (1) Name of the applicant; (2) Name, address, email address, and telephone number of the applicant's primary contact person in connection with the registration, and the name, address, email address, and telephone number of the person to contact in case of an emergency; (3) Evidence of the insurance coverage required under this section and acknowledgment that applicant has received and reviewed a copy of this section; however, the acknowledgment of the receipt of this section shall not be deemed an agreement; (4) The applicant's certificate of authorization or license number to provide utility services issued by the state public service commission, the Federal Communications Commission, or other federal or state authority, if any, having jurisdiction; and (5) For an applicant that does not provide a state public service commission certificate of authorization number, if the applicant is a corporation, proof of authority to conduct business in the state. A certificate number from, or filing with, the Florida Department of State will be acceptable. (d) The city shall review the information submitted by the applicant. Such review shall be conducted by the city manager or the city manager's designee. If the applicant submits information in accordance with this article, the registration shall be effective and the city shall notify the applicant in writing of the effectiveness of the registration. If the city determines that the information has not been submitted in accordance with this article, the city shall notify the applicant in writing of the non - effectiveness of the registration, and reasons for the non - effectiveness. The city shall notify an applicant within thirty (30) calendar days after receipt of the registration information from the applicant. Non - effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration. (e) A registrant may cancel a registration upon written notice to the city stating that registrant will no longer place or maintain any facilities in public rights -of -way within the city and registrant will no longer require permits to perform work in public rights -of -way. A registrant shall not cancel a registration if the registrant continues to place or maintain any communications facilities in public rights -of -way. (f) Registration does not establish a right or provide authority to place and maintain or establish priority for the future placement or maintenance of facilities in public rights -of -way within the city, but shall establish for the registrant, a right to apply for a permit from the city. Registrations are expressly subject to any future amendment to or replacement of this article and further subject to any new or existing city laws, as well as any new or existing federal or state laws, rules, and regulations which may be enacted or which have been enacted. (g) A registrant shall renew its registration with the city by the first day of April of even numbered years in accordance with the registration requirements in this section, ORDINANCE NO. 65 -11 -37 4 AGENDA ITEM # 7A FEBRURAY 28, 2011 except that a registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) calendar days of any change in the information required herein; a registrant shall provide updated information to the city. If the information in the then - existing registration has not changed, the renewal may provide that no information has changed. Failure to renew a Registration may result in the city restricting the issuance of additional permits until the utility services company or provider has complied with the registration requirements of this article. (h) In accordance with applicable city ordinances, codes, regulations, or policies a permit shall be required of a utility services company or provider that desires to place or maintain a facility in public rights -of -way. An acceptable and approved registration shall be a condition precedent to requesting and obtaining a permit. Notwithstanding an acceptable and approved registration, permitting requirements shall always apply. A permit may be obtained by a Registrant having an acceptable and approved registration if all permitting requirements are met. (5) Notice of transfer, sale or assignment of assets. If a registrant transfers, sells, or assigns the assets located in public rights -of -way or incident to a transfer, sale, or assi of the registrant's assets the transferee, the buyer, or the assignee shall be fully obligated to comply with the terms of this section and any franchise agreement that may be in place. Written notice of any such transfer, sale, or assignment shall be provided by such registrant to the city within twenty (20) calendar days after the effective date of the transfer, sale, or assignment. If the transferee, buyer, or assignee is a current registrant then the transferee, buyer, or assignee may not be required to re- register. If the transferee, buyer, or assignee is not a current registrant, then the transferee, buyer, or assignee shall register as provided herein within thirty (30) calendar days of the transfer, sale, or assignment. If permit applications are pending in the registrant's name the transferee, buyer, or assignee shall notify the city that the transferee, buyer, or assignee is the new applicant. (6) Placement or maintenance of facilities. (a) A registrant shall, at all times, comply with and abide by all applicable provisions of federal and state laws, regulations, rules and the city ordinances, codes, regulations, and policies in placing and maintaining facilities in public rights -of -way. (b) A registrant shall not commence to place or maintain facilities in public rights -of -way until all applicable permits, if any, have been issued by the city and other appropriate authorities. Registrant acknowledges and accepts that, as a condition of granting any permits, the city may impose reasonable rules, regulations, and policies governing the location, placement, and maintenance of facilities in public rights -of -way. (c) If a registrant chooses to use a sub - contractor as permitting agent, any application submitted by the agent must include contact information for the registrant ORDINANCE NO. 65 -11 -37 5 AGENDA ITEM # 7A FEBRURAY 28, 2011 supervisor in charge. (d) As part of the permit application to place a new or replace or maintain an existing facility in public rights -of -way, the registrant shall provide not less than the following: (1) A description of the location of the proposed facilities including a narrative description and a scaled pictorial drawing of the facilities to be installed, where the facilities are to be located, and the size of facilities to be located in public rights -of -way; and (2) A description of the construction methods or techniques which will be used to install the facilities; and (3) A maintenance plan for disruption of traffic; and (4) A statement concerning the ability of the public rights -of -way to accommodate the proposed facility; and (5) An estimate of the cost of and schedule for the restoration to the public rights -of -way; and (6) A timetable for project construction and each phase thereof, and the areas within the city which will be affected; and (7) Such additional information as the city finds necessary with respect to the placement or maintenance of the facility that is the subject of the permit application. (e) To the extent not otherwise prohibited by federal or state laws, the city shall have the power to prohibit or limit the placement of new or additional facilities within particular areas of all public rights -of -way. (f) All facilities shall be placed and maintained so as not to interfere with the use of the public rights -of -way by the public and with the rights and convenience of property owners who adjoin the public rights -of -way. The use of trenchless technology, joint trenching, and co- locating of facilities in existing conduit in the public rights -of -way is strongly encouraged and shall be employed when feasible. In all cases where a road has been resurfaced within the past five (5) years, installation of new facilities or repair of existing facilities shall be done without cutting the paved road surface, unless otherwise specifically approved by the Public Works Director. Protection of existing trees shall be a requirement for all new facilities and repair of existing facilities. The city manager or the city manager's designee may promulgate rules, regulations, and policies concerning the placement and maintenance of facilities in public rights -of -way consistent with this article and other applicable federal and state laws. (g) All safety practices required by applicable municipal, state, and federal laws or accepted industry practices and standards, shall be used during the placement or maintenance of facilities in public rights -of -way. (h) After the completion of any placement or maintenance of a utility facility in ORDINANCE NO. 65 -11 -37 6 AGENDA ITEM # 7A FEBRURAY 28, 2011 public rights -of -way or each phase thereof, the registrant shall at the registrant's expense, restore the public rights -of -way to the original condition, or superior to the original condition, which existed before such placement or maintenance. If the registrant fails to complete the restoration within thirty (30) calendar days, following the completion of such placement or maintenance, the city may perform the restoration and charge the total costs of the restoration to the registrant in accordance with F.S. § 337.402,(2000), as amended. For twelve (12) calendar months following the original completion date of the work, the Registrant shall guarantee the restoration work and shall correct, at the Registrant's expense, any restoration work which does not satisfy the requirements of the city. For installations or maintenance which impact public use of the right of way in any fashion, repairs shall be expedited. Full access shall be restored within two working days, unless specifically allowed additional time by the Public Works Director, or his/her designee. (i) Where placement of new facilities includes installation of significant equipment cabinets or junction boxes, the Public Works Director, at his option, may require installation of a landscape buffer. Plants for this buffer, if required, shall be consistent with adjacent landscaping and shall use plants meeting the Florida Friendly standard and will be approved by the Public Works Director. 0) Removal or relocation, at the direction of the city of a registrant's existing facility in public rights -of -way, shall be governed by the provisions of F.S. § 337.403 and § 337.404 (2000), as amended. A failure to remove or relocate facilities as directed which results in a construction delay in an ongoing city project, will result in the utility owner paying any delay costs assessed to the city by the contractor, provided the notification requirements of F.S. § 337.403 (2) have been met. Registrants shall respond to Utility Coordination requests from the city or consultant under contract to the city fully and in a timely manner, generally within two weeks of request. (k) An approved permit from the city shall constitute authorization to undertake only certain activities in public rights -of -way in accordance with this article, and the permit does not create a property right or grant authority to impinge upon the rights of others who have an interest in the public rights -of -way. (1) A registrant shall maintain its facility in public rights -of -way in a manner consistent with accepted industry practice and applicable law. (m) In connection with excavation in the public rights -of -way, a registrant shall where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in F.S. Ch. 556, (2000), as amended. (n) A registrant shall use and exercise due caution, care, and skill in performing work in the public rights -of -way and shall take all reasonable and necessary steps to safeguard the entire work area and the general public. Locate flags or other temporary markers, other than paint, used to mark existing facilities in the right of way, whether ORDINANCE NO. 65 -11 -37 7 AGENDA ITEM # 7A FEBRURAY 28, 2011 placed by the utility doing the work or by a central contractor, shall be removed by the utility requesting the locates when work requiring the marking is completed or when marking is no longer valid, as defined in F.S. Ch. 556.107 (3) (i.e., after 30 days). (o) Upon request of the city, and as notified by the city of the other work, construction, installation, or repairs, a registrant may be required to coordinate all placement and all maintenance activities with any other work, construction, installation, or repairs which may be occurring, or scheduled to occur, in public rights -of -way. A registrant may be required to alter an installation and maintenance schedule to minimize disruptions and disturbance in the public rights -of -way. (p) A registrant shall not place or maintain facilities which interfere with, displace, damage, or destroy other facilities including, but not limited to, sewer mains, gas mains, water mains, electric facilities, stormwater drains, pipes, cables, conduits, and all other facilities occupying the public rights -of -way. (q) The city makes no expressed or implied warranties or representations regarding the fitness, suitability, or availability of the city public rights -of -way for the registrant's facilities and any performance of work, costs incurred, or services provided by registrant shall be at registrant's exclusive risk. Nothing in this article shall affect the city authority to add, increase, vacate, or abandon public rights -of -way, and the city makes no expressed or implied warranties or representations regarding the availability of any added, increased, vacated, or abandoned public rights -of -way for facilities. (r) The city shall have the right and authority to make any inspections, at any time, of facilities placed or maintained in public rights -of -way as the city determines necessary to ensure compliance with this article. Additionally, the city shall have the right and authority to require utilities to repair or replace damaged surface mounted facilities such as junction boxes or pull terminals. Such requirement will be communicated to the appropriate utility by the Public Works Director. (s) A permit application to place a new or maintain an existing facility in public rights -of -way shall include plan and profile drawings which show the actual location of the facilities in the public rights -of -way. If the drawings require revision based upon actual installation, the registrant shall promptly provide the revised as -built drawings to the city. The drawings shall be in a hard copy format and an electronic format specified by the city. All such drawings, data and information shall be provided at no cost to the city. (t) The city reserves, without limitation, the exclusive right to place, maintain, and permit to be placed or maintained, all sewer, gas, water, electric, stormwater drainage, communications, all other types of facilities, cables, or conduits and to do, and to permit to be done, any underground and overhead installations or improvements which may be deemed necessary or proper by the city in public rights -of -way that may be ORDINANCE NO. 65 -11 -37 8 AGENDA ITEM # 7A FEBRURAY 28, 2011 occupied by a registrant. The city further reserves, without limitation, the exclusive right to alter, change, or cause to be altered or changed the grading, installation, relocation, or width of the public rights -of -way within the limits of the city and within said limits as the limits may, from time to time, be altered. (u) A registrant shall, upon request of any person holding a permit issued by the city, temporarily adjust any facilities to allow for work authorized by other permits. The expense of such temporary adjustments of facilities shall be paid by the person requesting the adjustment and the registrant shall have the right to request such payment of expense in advance. If the city requests temporary or permanent adjustments of a registrant's existing or proposed facilities to allow for work to be done by the city, its contractors, or its agents, however, all expenses and costs related to the adjustments of the registrant's temporary or permanent facilities, shall be the responsibility of and shall be paid by the registrant. The registrant shall be given not less than thirty (30) calendar days advance written notice to arrange for such temporary or permanent adjustments. (7) Suspension of permits. The city shall have the exclusive authority to suspend or revoke a permit for any work in the public rights -of -way for due cause and for one or more of the following reasons: (a) Violation of permit conditions including any conditions set forth in the permit, this section, or other applicable city ordinances, codes, policies, rules or regulations governing placement or maintenance of facilities in public rights -of -way; and (b) Misrepresentation or fraud by registrant in a registration or permit application to the city; or (c) Failure to properly renew a registration or ineffectiveness of a registration; or (d) Failure to relocate or remove facilities as required by the city. The city manager or the city manager's designee may provide a notice and the opportunity for a registrant to cure any violation or failure described herein. (8) Involuntary termination of registration. (a) The city may terminate a registration for due cause, reason, and for one or more of the following: (1) Federal or state authority suspends, denies, or revokes a registrant's certification or license to provide communication or utility services; or (2) The registrant's placement or maintenance of facilities in the public rights -of -way presents a danger to the general public or other users of the public rights -of -way and the registrant fails to remedy the danger promptly after receipt of notice; or ORDINANCE NO. 65 -11 -37 9 AGENDA ITEM # 7A FEBRURAY 28, 2011 (3) The registrant ceases to use all of the facilities in public rights -of -way or has not complied with the requirements of this section. (b) Prior to termination, the registrant shall be notified by the city manager or the city manager's designee, by a written notice which sets forth all pertinent matters to the proposed termination action and describing the intended action of the city. The registrant shall have thirty (30) calendar days after the date of such notice to eliminate the reasons for the termination. In the event the registrant has not eliminated the reasons for the notice of termination at the end of the thirty (30) calendar day period, the termination shall be final. (c) In the event of termination, a former registrant shall: (1) notify the city of any anticipated assumption by another Registrant of ownership of the terminated registrant's facilities in public rights -of -way; and (2) provide the city with an acceptable plan for disposition of its facilities in public rights -of -way. If a terminated registrant fails to comply with this section, the city may exercise any remedies or rights it has at law or in equity including, but not limited to, taking possession of the facilities when another person has not assumed ownership or physical control of the facilities or requiring the registrant, within ninety (90) calendar days of the termination or such period as may be agreed to by the registrant, to remove part or all of the facilities from the public rights -of- way and restore the public rights -of -way to the original condition. All expenses incurred by the city or its agents to remove part or all of the facilities and to restore the public rights -of -way to the original condition shall be paid by the registrant. (d) A terminated registrant shall take all steps necessary to render safe every portion of the facilities remaining in the public rights -of -way of the city. (e) In the event of termination of a registration, this section does not authorize the city to remove or cause the removal of facilities used to provide another service for which the registrant or another person who owns or exercises physical control over the facilities holds a valid certification or license with the governing federal or state agency, if required for provision of such service, and is also registered with and holds a valid permit issued by the city. (9) Existing facilities in public rights -of -way. A utility services company or provider with an existing facility in the public rights -of -way of the city shall have ninety (90) calendar days from the effective date of this section to comply with the terms of this section including, but not limited to registration, or shall be in violation of this section. (10) Insurance. (a) A registrant shall provide, pay for, and maintain satisfactory to the city, not less than the types and coverage limits of insurance described herein. All insurance shall be from and issued by responsible companies duly authorized to conduct business in the state and having a rating acceptable to the city. All liability policies shall provide that the ORDINANCE NO. 65 -11 -37 10 AGENDA ITEM # 7A FEBRURAY 28, 2011 city is an additional insured as to the activities under this section. The required coverages must be evidenced by properly executed certificates of insurance forms. The certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained annually with the city. Thirty (30) calendar days advance written notice by certified mail or facsimile, as determined by the city, must be given to the city of any cancellation, intent of cancellation, intent not to renew, or reduction in the types of policies or coverage limits. The insurance requirements may be satisfied by evidence of self - insurance or other types of insurance acceptable to the city as approved by the City Manager. (b) The types of coverage and limits of coverage of insurance required shall not be less than the following: (1) Worker's Compensation and Employer's Liability Insurance. Worker's Compensation - Florida Statutory Requirements. Employer's Liability. $1, 000, 000 limit each accident $1, 000, 000 limit each employee (2) Comprehensive General Liability. Bodily Injury and Property Damage. $2, 000, 000 combined single limit each occurrence. (3) Automobile Liability. Bodily Injury and Property Damage. $2, 000, 000 combined single limit each accident. (Ord. No. 2001 -7813, 6 -4 -01) (11) Indemnification. (a) A registrant shall, at the registrant's cost and expense indemnify, hold harmless, and defend the city its officials, boards, members, agents, contractors, and employees against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, costs, and expenses incurred by the city arising out of the placement or maintenance of utility systems or facilities in public rights -of -way, whether placed by the registrant or a contractor or subcontractor to the registrant, regardless of whether the act or omission is authorized, allowed, or prohibited by this section provided, however, that a registrant's obligation hereunder shall not extend to any claims caused by the negligence, wanton acts, or willful acts of the city. This provision includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such claim, suit, or proceedings. The city agrees to notify a registrant in writing, within a reasonable period of time, of any issue the city determines may require indemnification. Nothing in this section shall prohibit the city from participating in the defense of any litigation by its own counsel and at its own expense. Nothing contained in this section shall be construed or interpreted: (1) as denying to any person or entity a remedy or defense available to such person or entity under the laws of the state; or (2) as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, (2000), as amended. ORDINANCE NO. 65 -11 -37 11 AGENDA ITEM # 7A FEBRURAY 28, 2011 (b) The indemnification requirements shall survive and shall be in effect after a termination or cancellation of a registration. (12) Construction bond. (a) Prior to issuing a permit, when the work authorized by a permit will require restoration of public rights -of -way, the city shall require a construction bond to secure the restoration of the public rights -of -way. Notwithstanding the foregoing, a construction bond hereunder shall only be required to the extent that the cost of the restoration exceeds the amount recoverable against the security account as provided herein. The requirement for a Construction Bond may be waived by the City Manager if the applicant for the permit provides sufficient evidence of its ability to pay, which may include audited financial statements. The construction bond shall be issued by a surety having a Triple A Rating or equivalent acceptable to the city; shall be subject to the approval of the city manager or the city manager's designee; and shall provide that: "For twelve (12) calendar months after issuance of the bond, the bond shall not be canceled, or allowed to lapse until sixty (60) calendar days after receipt of written notice by the city, by certified mail, return receipt requested, from the issuer of the bond of the issuer's intent to cancel or to not renew the bond." (b) The rights reserved by the city with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the city may have under this section, under other ordinances, at law, or at equity. (c) The rights reserved by the city under this section are in addition to all other rights of the city, whether reserved in this section, or authorized by law and no action, proceeding, or exercise of a right with respect to the construction bond shall affect any other rights of the city. (d) This section will not apply to routine maintenance and repair of services for existing customers associated with a utility service company's typical, day -to -day operations. (13) Security account. At or prior to the time a registrant receives the initial permit to place or maintain facilities in public rights -of -way after the effective date of this section, the registrant shall, at the sole discretion of the city, be required to file with the city, for the city approval, an annual bond, cash deposit, or irrevocable letter of credit in the sum of $50,000 having as a surety a company qualified to do business in the state, and shall be referred to as the "security account." The requirement for a Security account may be waived by the City Manager if the registrant provides sufficient evidence of its ability to pay, which may include audited financial statements. The security account shall be maintained from such time through the: (a) transfer, sale, assignment, or removal of all facilities in the public rights -of -way; or (b) twelve (12) calendar months after the ORDINANCE NO. 65 -11 -37 12 AGENDA ITEM # 7A FEBRURAY 28, 2011 termination or cancellation of any registration. The security account shall be conditioned upon the full and faithful performance by the registrant of all requirements, duties, and obligations imposed upon registrant by the provisions of this section and other ordinances, as amended. The security account shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the registrant's full and faithful performance at all times. In the event a registrant fails to perform the duties and obligations imposed upon the registrant by the provisions of this section, there shall be recoverable, jointly and severally from the principal and surety of the security account, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification, cost of removal, relocation, or abandonment of any facilities of the registrant in public rights -of -way, including a reasonable allowance for attorneys' fees, up to the full amount of the security account. The city shall not pay registrants interest on any monies held by the city in a registrant's security account. This section will not apply to routine maintenance and repair of services for existing customers associated with a utility service company's typical, day -to -day operations. (14) Enforcement remedies. (a) A registrant's failure to comply with provisions of this section shall constitute a violation of this Ordinance and shall subject the registrant to the code enforcement provisions and procedures as provided in F.S. Ch. 162, (2000) and F.S. § 166.0415, (2000), as amended. In addition, violation of this section may be punishable as provided in F.S. § 162.22, as amended and as provided in the city ordinances. (b) Failure of the city to enforce any requirements of this section shall not constitute a waiver of the city right to enforce the violation or subsequent violations of the same type or to seek appropriate enforcement remedies. (15) Abandonment. (a) Upon anticipated abandonment or the abandonment of facilities owned by a registrant in public rights -of -way, the registrant shall notify the city within thirty (30) calendar days of the anticipated abandonment or the abandonment. (b) The city may, at its sole discretion, direct the registrant by written notice to remove all or any portion of such abandoned facility at the registrant's expense if the city determines that the presence of the abandoned facility interferes with the public health, safety, or welfare which shall include, but shall not be limited to, a determination that such facility: (1) compromises safety at any time for any public rights -of -way user or during construction or maintenance in public rights -of -way; (2) interferes with or prevents the city or another person from locating facilities in the area of public rights -of- way, including the potential to impact future construction or maintenance; or (3) creates a maintenance condition which is disruptive to the intended use of the public rights -of -way. ORDINANCE NO. 65 -11 -37 13 AGENDA ITEM # 7A FEBRURAY 28, 2011 (c) In the event the city does not direct the removal of the abandoned facility, the registrant by notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city or by another person. (d) If the registrant fails to remove all or any portion of an abandoned facility as directed by the city within a time period as required by the city, the city, or its agents, may perform such removal and charge the entire cost of the removal to the registrant. (16) Force majeure. In the event a registrant's performance of or compliance with any of the provisions of this section is prevented by a cause or event not within the registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result provided, however, that such registrant has used all available means to expeditiously cure or correct any such inability to perform or comply. For purposes of this article, causes or events not within a registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires, natural disasters, acts of public enemies, riots, civil disturbances, sabotage, strikes, and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control and therefore, not within this section shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, misfeasance, malfeasance, and nonfeasance by any of registrant's directors, officers, employees, contractors, or agents. (17) Reservation of rights and remedies. (a) The city reserves the right to amend this section, from time to time, as it shall find necessary. (b) This section shall be applicable to all utility facilities placed in public rights - of -way on or after the effective date of this section and shall apply to all existing facilities in the public rights -of -way prior to the effective date of this section, to the full extent permitted by federal and state laws. (c) The adoption of this section is not intended to affect or amend any rights or defenses of the city or a utility services company or provider under any existing franchises, licenses, or other agreements with a utility services company or provider. (d) Nothing in the section shall affect the remedies the city or the registrant have available under applicable federal and state laws." SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2011. ORDINANCE NO. 65 -11 -37 14 AGENDA ITEM # 7A FEBRURAY 28, 201 l PASSED by the City Commission on second and final reading this day of 5 2011. ATTEST: Donna L. Bartle, City Clerk Mike Borno, Mayor Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ORDINANCE NO. 65 -11 -37 15 AGENDA ITEM # 713 FEBRURAY 28, 2011 ORDINANCE NO. 20-11-108 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level, and WHEREAS, the nature of budgetary systems and those day -to -day decisions affecting such budgetary systems require adjustments from time -to -time, and WHEREAS, the City was recently notified, that the Beaches Veterans Memorial Park Corporation agreed to donate $50,000 to the Veteran's Memorial Park for the next phase of construction. This ordinance will provide an appropriation for that donation, and WHEREAS, the City has received approval to extend the American Recovery and Reinvestment Act Grant for the Mayport Redevelopment project to continue funding the Coordinator position to the end of April, and NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. The Fiscal Year 2010/2011 Budget to be amended as follows: CAPITAL PROJECT FUND — VETERAN'S PARK Revenues: Contributions — Beaches Veterans Memorial Park Corporation Expenses: Capital Outlay — Veterans Park Improvements Fund Balance: A.R.R.A. MAYPORT REDEVELOPMENT GRANT FUND Revenues: Grant Proceeds Expenses: Public Safety — Salary and Benefits $50,000 $50,000 11 $32,382 $32,382 Fund Balance: 0 AGENDA ITEM # 713 FEBRURAY 28, 2011 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of February, 2011. Passed by the City Commission on second and final reading this day of February, 2011. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire City Attorney Donna L. Bartle, CMC City Clerk AGENDA ITEM # 8A FEBRURAY 28, 2011 Atlantic Beach Police Department 010Report Highlights The Police Department, along with all City Departments, has continued to prioritize its efforts towards the Mayport Corridor Improvement Plan. The COPS officers recently completed a residential survey in the Mayport Corridor. There were a total of 232 residents surveyed from all parts of the corridor. Seventy four percent of those surveyed reported that there were no problems in their neighborhood. Of those who did report a problem, traffic topped the list. Eighty two percent replied that they see the police daily or frequently. Sixty eight percent felt that there was a low frequency of crime. Seventy percent of the residents said they used city parks with Russell Park leading, followed by Donner and Jordan respectively. The overall results of the survey appeared very positive. Previous surveys indicated a high level of complaints regarding drugs, prostitution and transients. In this survey, only a few residents even mentioned those things as a concern. This shift in survey results confirms what one can observe in the corridor on a daily basis as compared to 2 -3 years ago. It is believed that this is a direct benefit of, and closely correlated to, the Mayport Corridor Project and its initiatives. A crime analysis, specific to the corridor, was completed following the first full year of the project (2009). The evaluation revealed that when compared to 2008, there was an incredible 25% (from 271 to 203) decrease in Part I crimes which includes murder, rape, robbery, aggravated assault, burglary, larceny and motor vehicle theft. The level of decrease far exceeded the department's expectations. The challenge for 2010 was to maintain the 2009 decrease. The total number of Part I crimes in 2010 was also 203, exactly the same as 2009. In the Mayport Corridor there was a 33% decrease in the violent crime last year, down from 51 in 2009 to 34 for 2010. The Atlantic Beach Police Department continues to have an exceptional emergency response time. The average emergency response time for 2010 was I minute 47 seconds. Crime City wide, there was an 8% decrease in Part I crimes in 2010 as compared to 2009 (from 531 to 490). This drop in crime represents the lowest crime rate in more than a decade. Violent crime in 2010 fell from 82 in 2009 to 73 in 2010, or I 1 %. The largest decreases were in aggravated assaults and larceny. Auto accidents also fell from 278 to 240 or 14 %. AGENDA ITEM # 8A FEBRURAY 28, 201 I The state publishes crime rates for all jurisdictions semi annually and annually. Atlantic Beach has traditionally had the lowest crime rate per capita for all of Duval County. Although the annual crime reports have not been published at the time of this report, Atlantic Beach did have the lowest crime rate for the first half of 2010. Productivity Calls for service in 2010 were virtually identical to 2009 levels 29,889 and 30,005 respectively. Arrests were down slightly, but some of this is attributable to the decreased crime rate. In 2010 the department made 324 DUI arrests which is the most of any of the beach cities. The Crime Suppression Unit (CSU) and Investigations Division continue to be very productive. The department has over a 28% clearance rate which means more than 1 out of every 4 crimes is solved. Atlantic Beach has typically been on the upper end of the spectrum in this category. CSU made 10 alcohol deployment arrests in 2010. Detectives are conducting alcohol compliance checks on almost a monthly basis and the compliance rate has increased dramatically compared to past years. Animal Control had an increase in the number of calls from 2,380 in 2009 to 2,647 in 2010. Citations are up slightly in 2010 when compared to 2009 (275 to 293). The ACO's conduct monthly beach surveys to measure leash law compliance. The average compliance rate for 2010 is 83 %. Personnel Currently the Police Department has four vacancies for police officer and applicants are being processed for those positions. All other divisions in the department are fully staffed. Training The Department is deeply committed to providing quality training to all its employees. In the first three quarters of 2010, employees have attended training in the following topics. • Leadership /Supervision — Several classes • Police Applicant Background Investigation • Officer Bill of Rights and Discipline • Computer training in Microsoft Office • Field Training Officer • Radar /Laser Training • Communication Center Supervision Training • Dispatch Field Training Officer • Animal Control Certification 0 Interviews and Interrogations AGENDA ITEM # 8A FEBRURAY 28, 2011 • Firearms- training and qualifications • Police Cyclist • Property and Evidence Room Management • Instructor Certification • Emotional Intelligence • Dealing with Difficult People • Public Records Management Advanced training keeps employees current and on the cutting edge of Public Safety techniques, trends and strategies. The Department believes a better trained employee results in the delivery of a higher quality of service. The above list does not include classes taken by the employees who are enrolled in various college degree programs. One officer received their Bachelors Degree in Criminal Justice this year. 4 1, Na y is n �* -A Ob % 4 . . 4 o . 1 TP k i I + W Y� ' i�: _ t Y� ' r ' I I' x � :.i * >� �'.*. I ,•�� .` + I ^:� � ;� -il vl m A v A - rL g `' l' �.•' i ir�l 1 'I }��,� � �. �� 7 + +'iii ��' ' ' ;�?' I �'� �� F I I ' �� IV h . � � I 4' I � ` I 1 I11 A l P1 - 1 9 o r i 1A.J4 -71 iF{ � ` I I r ' ' .� 4 � I I I ' I... 1r +P.. J ,!rt ,� • ' \! '. ll� ' 1 y + ys� ..A' I .`� I ' ' I+ I F4 1., 1 zi. Z 1 � .• -� AEI i� ;j( AGENDA ITEM # 8B FEBRURAY 28, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING AGENDA ITEM: Award of Additive Alternate No. 1 and Change Order No. 1 for Bid 10 11 -0 1 — Blower and Electrical Motor Control Center SUBMITTED BY: Donna Kaluzniak, CEP, Utility Directo DATE: February 18, 2011 BACKGROUND: On December 13, 2010, the City Commission awarded the contract for Bid No. 10 11 -0 1 Wastewater Treatment Plant #1 Improvements to WPC Industrial Contractors, LLC. At that time, staff recommended deferring Additive Alternate No. 1— Blower to allow for further review and possible implementation of sludge /odor control improvements. As part of the TMDL WWTP #1 improvements, the nine existing large blowers will be replaced with 3 new blowers (under the previously approved Base Bid) that are much more energy efficient. Additive Alternate No. 1 - Blower will allow for redundancy during maintenance or repairs, while providing the more energy efficient blower for existing sludge treatment as well as sludge improvements currently under design. The contractor needs to proceed with ordering the blowers in order to stay on schedule, and to maintain the vendor pricing reflected in the bid. Staff is also requesting Change Order No. 1 to allow for purchase and installation of the electrical Motor Control Center (MCC) for the additional blower at this time. Originally, staff planned to include the electrical MCC panel installation at the time of the sludge and odor control improvements. However, since the contractor will be installing 3 other similar identical MCC panels as part of the current project, the City would save a considerable amount of money by doing the work now. The base price for the MCC under current contract (no installation) is approximately $17,500 and to purchase on a separate stand alone construction project would be $55,900 (equipment only - no installation. The savings is over $38,000 - see Attached quote). In addition, the City can begin to use the high efficiency blowers (instead of the older blowers) much sooner since the sludge facilities are scheduled for bidding separately. BUDGET: The bid price for Additive Alternate #1— Additional blower was $129,000. The cost for Change Order No. 1 for the purchase and installation of the new blower MCC is $29,440. Funds for Additive Alternate #1 are available in the Sewer Fund under account number 410- 5508 -535 -6300, as Bid No. 1011 -01 came in well under budget. Funds for the Change Order No. 1 are included in the contingency that was already awarded as part of the original contract. RECOMMENDATION: Award Additive Alternate No. 1— Blower to WPC Industrial Contractors, LLC in the amount of $129,000 per Bid No. 1011 -01. Approve Change Order No. 1 for Electrical Control Panel Installation for the blower in the amount of $29,440 for Bid No. 1011 -01. Authorize the City Manager to sign Additive Alternate No. 1 and Change Order No. 1. AGENDA ITEM # 813 FEBRURAY 28, 2011 ATTACHMENTS: 1. Change Order No. 1 2. Engineer's recommendation REVIEWED BY CI'TY MANAGE AGENDA ITEM # 8B FEBRURAY 28, 2011 WWTP# Improvements for TMDL Compliance City of Atlantic Beach, FL Bid No. 1011 -01 CHANGE ORDER NUMBER 1 Contractor: WPC Industrial Contractors, LLC 11651 Philips HW Jacksonville, FL 32256 (904) 268 -0099 Fax (904) 268 -2922 Engineer: J. Collins Engineering Associates, LLC 11516 -3 San Jose Blvd. Jacksonville, Florida 32223 (904) 262 -4121 (904) 262 -4122 FAX Date: February 18, 2011 Owner: City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL (904) 247 -5800 rev 2 21 11 ITEM DESCRIPTION OF CHANGE(S) Complete Scope of Work is attached as Exhibit Total Cost/Price INCREASE OR DECREASE IN CONTRACT PRICE 1 Cost to provide Motor Control Center installation & wiring $29,440.00 $29,440.00 For New 4th Blower for Sludge Improvements CONTINGENCY AMOUNT $238,140.00 CONTINGENCY AMOUNT REMAINING $208,700.00 BASE BID PRICE $4,762,800.00 CONTINGENCY AMOUNT $238,140.00 TOTAL ORIGINAL BID PRICE $5,000,940.00 A DDITIVE ALTERNATE #1 $129,000.00 ADDITIVE ALTERNATE #2 $245,000.00 TOTAL CONTRACT AMOUNT $5,374,940.00 NET INCREASE RESULTING FROM THIS CHANGE ORDER $0.00 CURRENT CONTRACT PRICE INCLUDING THIS CHANGE ORDER $5,374,940.00 This document shall become an amendment to the contract and all provisions of the contract will apply hereto. Accepted by: Date: Contractor Accepted by: Date: Engineer Accepted by: Date: Owner February 14, 2011 Mr. John E. Collins. Jr.. P.E. J. Collins Engineering Associates, LLC 11516-' San Jose Blvd. Jacksonville, FL 32223 Reference: WWTP n 1 Improvements for TINIDL Compliance Cost to Provide, Wire, and Install Electrical support for the 4"' Blower Dear Mr. Collins, The following are the costs associated with the request to provide and install an additional Cutler Haminer starter section for existing MCC -3: Gear, conduit, conductors. breaker, grounding. and terminations: S29.440 Proposal does not include any additional cost for instrumentation if required. Should you require additional information, please do not hesitate to contact our office. Sincerely, Phillip Starr WPC NDUSTRIAL CONTRACTORS, LLC AGENDA ITEM # 813 FEBRURAY 28, 2011 CITY OF ATLANTIC BEACH NEW SLUDGE BLOWER - ADDITIVE ALTERNATE & CHANGE ORDER #1 - PURCHASE & INSTALL NEW MCC FOR SLUDGE BLOWER ITEM: Award of Additive Alternate No. 1 and Change Order No. 1 for Bid 10 11 -0 1 — Blower and Electrical Motor Control Center RECOMMENDED BY: John Collins., PE - J. Collins Engineering Associates, LLC (JCEA) DATE: February 21, 2011 CHANGES RECOMMENDED: Additive Alternative #1 (4th high efficiency blower) was a bid item on the project - WWTP #1 improvements for TMDL Compliance. The project was awarded to the lowest bidder (WPC Industrial Contractors, LLC) on December 13, 2010 and the Additive Alternate (blower) was deferred until the Sludge Design was implemented. The sludge improvements design started in January 2011 and the new high efficiency blower is a key component of this system. JCEA is recommending that Additive Alternate #1 (the new high efficiency blower) be added to the immediate work of WPC while the pricing is favorable. The City received very favorable vendor pricing through a Equipment Procurement Program in 2010 to acquire three identical blowers which are currently in the ongoing work being performed by WPC. The vendor also has provided the same pricing on the fourth blower (additive alternate). The total bid includes the new blower and mechanical installation of the new blower on a concrete pad with new air piping installed. The installed price of the Additive Alternate #1 is $129,000. The budget price of the equipment only in early 2010 was over $150,000 (no installation). New Electrical Motor Control Center for 4th High Efficiency Blower (Change Order #1) - The fourth blower proposed in Additive Alternate #1 is an installed mechanical price. JCEA is recommending that the new fourth blower be brought into service in the ongoing WWTP#1 Improvements phase by including the electrical service to the new blower. This would include purchasing, installing and energizing a new Motor Control Center (MCC). JCEA's recommendation to include the electrical equipment for the new blower is based on the following: • City capital savings are considerable. The MCC manufacturer has stated that a price increase will go into effect by March 2011. Based on the vendors' quote, the equipment - only price for the MCC under the current contract is approximately $17,500 (same price as new three MCCs for blowers in current project). To wait and purchase the equipment later in the year under a separate bid sludge project - the quote is $55,900 (equipment only - no installation). The potential savings is over $38,000 - see attached quote). • The City can utilize the high efficiency blowers sooner for the current aeration of the existing sludge facilities (instead of the older inefficient blowers) since the sludge facilities are scheduled for bidding separately at a later date. • Single source responsibility of new equipment - One contractor is responsible to ensure that all equipment is installed and functioning properly since all four blowers and the associated electrical, instrumentation and start-up services will be by implemented by the same Contractor. • The current WWTP#1 Improvements project has been awarded to WPC with a Contingency Amount of $238,140. The $29,440 for the electrical work for the fourth blower would come out of this contingency (no contract increase due to Change Order#1). AGENDA ITEM # 813 FEBRURAY 28, 2011 City Electric XXXXXX, Florida Branch Neg# JV610112H101 Alt# 0000 Job Name: Atlantic Beach Customer Bill of Material 02/17/11 MCC Aftermarket MCC plug -in unit base price includes operating handle, bus stabs, door and all mounting hardware Catalog: FZ306PEASC18C16R14P20P31Z1 #,125 HP F2100 Vintage, 480V, Size 192. 1 - Extra 100 VA for CPT 3 - Ice Cube Relay 300 Volts 3 -Pole Blade Type (Specify Connection) 3 - Special Function Light 1 - 'STOP' Pushbutton 1 - Stop button to be marked "RESET" and wired to reset on SSRV Name Plate Data: TRUBO BLOWER 1 -3 Designations: SSRV MCC 2 F Total Quote Price if purchased now= $ 17,522.63 each Total Quote Price if purchased in the future = $ 55,926.00 each 11:29:46 All orders must be released for manufacture within 90 days of date of order entry. If approval drawings are required, drawings must be returned approved for release within 60 days of mailing. If drawings are not returned accordingly, and /or if shipment is delayed for any reason, the price of the order will increase by 1.0% per month or fraction there of for the time the shipment is delayed. 02/17/11 1 of 1 r._ -'., ' y - ; P, + � �'�; " '' i *,. >`• <;f'� '�i ;r,;!•, ,_,Kr. a `. � T1 � yr• x ,f AIR , � - . A . , r�'; #_ 4 4�,;, • ',�,�7' �k a x '� � �7'.I. ' v�a :r , � a�y. . ; R +' - ,a� r ti•,'� I ' f. f i . ". • f ' ••I. - ,r'/i,'.�,� I I t �6 "�.`J�I: •' •i+ i - . }'., ° 4 - r; r'� 4' � - � a}� &.�:: '.: �,; #,- I� it J;•:� I _ Vf ' ": "`' •�•1 a' ,. �R �h, ��°+�� ' �� 4` � ' •�.' r '' .ztYi4��7�'. ' �M� i. � , h �y i * IJ^ _` ei �" � r' i' 'I :+ � k�F" 1ry �'.} I�: � �I„ M1a t'+'. 1 ` - 'i> +� �+'1, �' I>��.Ir I .A f IfJr - I ,�, , � a��l•,� a r':: ' T • ". f.,•, �.ay' ��s yy ' , ;ti7'f n ;�'" -"�' . rE��.n'�'�'r - '.}`.'':' � � : �f r e I ', - ,.r ? .'1 ,r If �.e { ! I �' I I. 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M1 J 'S..' 18J •T " � y I �f�: 1 � y �� - - ;: ' +r "' S r, ,,• �� o .. ., It I {.y._'I -: L -1- : � '+•s 1'x I;,I i� r �� ..I il'_ r f AGEN ITEM 48 g7 URAY2a2n § � !# m|R iE LL ■ § ! > 2 2 )� 0 0 0 0 0 0 0 0 0 0 0 0 0 \[ z z z z z z z z z z z z z«- \ ) ° - ; \ ) x x x x x x x x x x x x x /) \\ \ 2 / !k k x x x x x x x x x x x x x_\ �� ` - - a \ Im cD r \_ § x x x x x x x x x x x x x \ )0 a _ ■ § $ k x x x x x x x x x x x x x F $ _ o \ 0 x x x x x x x x x x x x x\ 2 ui / - - a \ )/ x x x x x x x x x x x x x/§ §) 2 Q \ k c x 0 x x x x x x x x x x x\ 2 / ) k - ■ a z - x x x x x x x x x x x x x \§ ))) 44 - k \ � m # k § - § c 0 | c / f � § 2 a 2 ` , ; ■ - ) ®§ � � k • k � a ! �.; { B 2 2 2 ■■ 2 JP k ■) k §\ f} 2 } $) j k/ . 0 L ) 8 2 3 2 0);& \)\ 2 ].2 m AGENDA ITEM # 8C FEBRl DRAY 28, 2011 m a m �o m a th t cn N a , Y N �� M M '~ m m op 0 LL. 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