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Agenda Packet June 27, 2011 RFS.docCITY OF ATLANTIC BEACH CITY COMMISSION MEETING June 27, 2011 - 6:00 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve the minutes of the Regular Commission Meeting of June 13, 2011. 2. Courtesy of Floor to Visitors 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 Recreation Programs Special Events Report and the Financial Report for May 2011 and the Public Works and Utility Report as of June 15, 2011. B. Extend the Annual Contract with Nautical Escapes for Portable Kayak Concession at Dutton Island for one year. C. Award the annual contract for Data Cabling, Troubleshooting, Repairs and Installation to Truvance Management, Inc. at the rates listed in Bid No. 1011 -12. D. Award a contract to TankRehab.com, LLC in the amount of $33,900 for Interior Repair and Painting of Ground Storage (Standpipe) Tank at Water Plant No. 4 (Bid No. 1011- 13), and authorize the City Manager to sign the contract. Authorize staff to encumber $3,390 under a separate purchase order for use as a contingency for the project. 5. Committee Reports None. 6. Action on Resolutions None. 7. Action on Ordinances None. 8. Miscellaneous Business A. Health Insurance Renewal. (City Manager) B Approval of new mutual aid agreement with Duval County School System. (City Manager) 1 9. City Manager A. City Manager's Report. 10. Reports and /or requests from City Commissioners and City Attorney A. Appointments to the Cultural Arts and Recreation Advisory Committee. (Fletcher) 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, June 24, 2011. 2 MINUTES REGULAR CITY COMMISSION MEETING June 13, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno Mayor Pro Tern John L. Fletcher Commissioner Jonathan Daugherty Commissioner Paul Parsons ABSENT: Commissioner Carolyn Woods (Excused) City Clerk Donna L. Bartle (Excused) City Attorney Alan C. Jensen City Manager Jim Hanson Recording Secretary Nancy E. Bailey Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Parsons 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 May 23, 2011. Motion: Approve the minutes of the Regular Commission Meeting of May 23, 2011, as written. Moved by Fletcher, Seconded by Daugherty. Commissioner Parsons stated he misunderstood what was going on during the last meeting regarding amending the minutes of May 9. He stated it was his understanding that there was a correction in what Lyman Fletcher was saying, but actually these were additions to the minutes. He asked that this be reopened since he was on the prevailing side. He stated after reading the attachment, he would like to change those minutes back to what the minutes were originally. Motion: Remove the Attachment A from the minutes of May 23 and change the minutes of May 9, 2011 back to the original minutes, as submitted by staff. Moved by Parsons, Seconded by Fletcher Commissioner Daugherty stated what he recalls was that the text they were given were words he actually said at the previous meeting, which was confirmed by Recording Secretary Nancy Bailey, so it is not changing the record of that meeting it is substituting. Commissioner Fletcher stated what Ms. Bailey did was provide them with a verbatim of what former Mayor Fletcher said and what they included in the minutes was a summary of that which was summarized by Commissioner Woods. He stated he voted against it because he did not think it was incumbent upon any one of them to summarize the intent of someone else's comments and they generally do not put verbatim comments in the minutes. He asked Ms. Bailey if it was correct that she gave them the verbatim and they amended it with Commissioner Woods' summary of the verbatim. Ms. Bailey stated that was correct, the minutes were amended with what Commissioner Woods wanted summarized of what Mr. Fletcher said, rather than what she summarized of what he said. Commissioner Daugherty stated he also June 13 2011 REGULAR COMMISSION MEETING Page 2 misunderstood. He stated that is what happens when you bring something to a meeting without giving them time to go over it before. Votes: Aye: 4 — Borno, Fletcher, Parsons, Daugherty Nay: 0 MOTION CARRIED Motion: Approve the minutes of the Regular Commission Meeting of May 23, 2011, as amended. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 4 — Borno, Fletcher, Parsons, Daugherty 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. Jack Berry, 65 Reeding Ridge Drive W., representing the Beaches Veterans Memorial Park, thanked the City for giving them the opportunity to develop this wonderful park. He reported that the veterans have laid 20 pallets of sod, which has saved them approximately $5,000. He reported on the Chaplains Memorial Garden and explained the engraved brick program. He further reported that he has been contacted by the Daughters of the American Revolution who are considering taking on the monument in the Chaplains Memorial Garden as a State project. He also thanked the local media for their support and distributed several newspaper articles to the Commission. No one else 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 STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. June 13 2011 REGULAR COMMISSION MEETING Page 3 A. Acknowledge receipt of the Monthly Building Department Report and Utility Sales Report for May 2011 and List of New Business Tax Receipts issued in May 2011. Mayor Borno read the Consent Agenda. Mayor Borno pulled Item A. He pointed out that the comparisons of the values of the permits have increased just under $1 million since this time last year. Commissioner Parsons also pointed out that single family permits have increased from 4 in 2010 to 13 in 2011. Commissioner Daugherty stated in the Utility Sales Report for Water Loss we have gone from 20,463 in May 2010 to 15,248 in May 2011, which is roughly a 25% reduction in water loss and believes a lot of that is attributed to updating the meters. Motion: Approve Consent Agenda Item A as read. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO. 11 -22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RENAMING MANDALAY PARK IN ATLANTIC BEACH "WATERS PARK" IN MEMORY OF J. DEZMOND WATERS, I1I. Mayor Borno read Resolution No. 11 -22 by title. Motion: Approve Resolution No. 11 -22 as read. Moved by Parsons, Seconded by Fletcher Mayor Borno welcomed Dezmond Water's widow, Janice, and family and read the Resolution for them in its entirety. Commissioner Daugherty asked how much has been donated by citizens. Mr. Hanson stated they have received $2,155. Commissioner Daugherty stated he would like to see a good memorial and suggested they let the public know that they are still accepting donations for that. Mayor Borno stated we could ask the press to put the word out that donations are still open to this memorial fund. He stated it will not only be for preparation of the first sign but also will be used for maintenance of it for perpetuity. Commissioner Parsons stated it has been a pleasure knowing the Waters family and working with Dezmond. He stated he was a great teacher to him in more ways than one, not just in high school but also on the Commission. Commissioner Fletcher stated although he never had the opportunity to serve with Dezmond, he did take four years of Latin in high school and would have June 13, 2011 REGULAR COMMISSION MEETING Page 4 loved to have him as a teacher. He stated in every conversation he ever had with Dezmond he came away feeling he had learned something and sincerely appreciated him as a person. He stated they are very excited to do this for him. Mayor Borno stated Dezmond was a mentor to him in a lot of ways, in particular in the Florida League of Cities and the N.E. Florida League of Cities. Mrs. Waters thanked the Commission for their kind comments. Mayor Borno stated they will notify her when the sign is ready and when we will have the dedication. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED B. RESOLUTION NO. 11 -23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AFFIRMATIVELY CONSIDER AND GRANT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NEEDED IN ONLY FLORIDA; REPEAL FEDERALLY - PROMULGATED NUMERIC NUTRIENT CRITERIA FOR FLORIDA; DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 11 -23 by title. Motion: Approve Resolution No. 11 -23 as read. Moved by Parsons, Seconded by Daugherty Public Works Director Rick Carper stated the resolution was requested to be sent to EPA through a DEP Petition by a number of organizations from different municipalities. He further summarized the elements of the petition. He stated he was asking the Commission to endorse the resolution. Mr. Carper pointed out that the EPA criteria, as written, would have a significant cost for the State, i.e. the estimate for the City of Atlantic Beach would be $4.00 - $8.00/gallon/day in extra capital costs because the wastewater treatment plant upgrades we are currently building would not meet these criteria. He stated we would have to go another step beyond to reverse osmosis. He stated it would also require stormwater to meet the same criteria, which would require an end of ditch treatment for every stormwater outfall we have. He stated currently the State of Florida spends approximately $1 billion on stormwater and it is estimated that would go to $4 -5 billion per year with this EPA criteria. Commissioner Fletcher asked what percentage the $4.00- 8.00 /gallon/day represents in terms of an increase over what it is costing us now. Public Utilities Director Donna Kaluzniak stated that comes out to an additional $14 -28 million in capital cost and another several hundred thousand dollars in operating cost. She explained there is no current technology that meets the levels they are proposing. June 13, 2011 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20 -11 -110, 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. Mayor Borno read Ordinance No. 20 -11 -110 by title. Motion: Approve Ordinance No. 20 -11 -110 as read. Moved by Parsons, Seconded by Fletcher Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Assistant City Manager David Thompson explained staff has added a $5,000 expenditure that was not included in the First Reading. He explained this relates to the need for a larger well for the water testing for the geothermal system in the new police building and comes from the sales tax funding. Commissioner Fletcher asked what the rate of accumulation of dollars in bed tax fund currently. Mr. Thompson stated it is approximately $65,000 /year. Motion: Amend Ordinance No. 20 -11 -110 to include the $5,000 to put in the larger well and delete the $18,517 CDBG expense. Moved by Fletcher, Seconded by Parsons Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED Motion: Approve Ordinance No. 20 -11 -110 as amended. Moved by Fletcher, Seconded by Parsons Commissioner Daugherty commented on change orders, stating he hopes they can keep them at a minimum. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED June 13, 2011 REGULAR COMMISSION MEETING Page 6 Miscellaneous 8. Miscellaneous Business Business A. Request from Beaches Habitat for Relief of Lien on Dutton Island Road Property. Mr. Hanson gave the background of the request, stating Beaches Habitat has prepared a Corporate Warranty Deed to transfer the title of the property to the City. He stated the Deed has a provision that states the property can be used by Beaches Habitat for as long as they like, to maintain a community garden, but if the property ever ceases to be used as a community garden or maintained properly, Beaches Habitat will then forfeit all rights and interest to the property. He stated if that ever becomes the case, it puts the City back in the position to dispose of the property to someone who will take care of it, which would presumably be one of the three adjoining property owners. He stated he recommends that the Commission vote to accept the title from Habitat. Ralph Marcello, Executive Director of Beaches Habitat, 1671 Francis Avenue, thanked the Commission, stating they have already begun cleaning the property getting it ready to plant. He stated they look forward to working with their education group and as soon as something grows will be happy to bring something in for their next dinner. Mayor Borno thanked Mr. Marcello for his efforts in getting this done. Motion: Authorize the acceptance of the Corporate Warranty Deed for the property on Dutton Island Rd. (172198- 0100). Moved by Parsons, Seconded by Fletcher Commissioner Daugherty asked about liability issues for the City. Mr. Hanson stated we are insured for anything we own. Mr. Jensen stated we are insured but if someone out there hits their own foot with a hoe or something it isn't the City's liability. He stated there is no more liability on that property than there is in Russell Park. Commissioner Fletcher stated the premium would be nothing. Commissioner Daugherty also expressed concerns about what happens if this doesn't work. Mr. Hanson stated there are three adjoining properties, and although he has not spoken to any of the property owners, he would guess that they would want to expand their yard. He believes the City would benefit by donating the property to either one of them or a combination of the three with the provision that the property be replatted so it is all contained on one lot so it no longer is a separate stand -alone lot that someone could choose not to pay taxes on, which is how it got to this condition to begin with. Discussion ensued. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED B Approval of design for Veterans Park Chaplains Memorial Garden. June 13, 2011 REGULAR COMMISSION MEETING Page 7 Mr. Carper gave a slide presentation of the conceptual design, stating the hardscape cost is approximately $350,000 of funds needing to be raised. He stated they are asking for approval of the design so it can go to detail design and then they can do some cost estimates. Mayor Borno stated he appreciated all the work Mr. Carper has put in on this project. Motion: Approve the proposed plans for Veterans Park for Phase 2 — the Chaplains Memorial Garden. Moved by Parsons, Seconded by Borno Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED C. Approve contractor for Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Grant (Bid No. 1011 -07). Ms. Kaluzniak stated she would like to make a change in the recommendation. She explained the City of Jacksonville is still reviewing the bid to determine whether it meets the Section 3 requirements, which has to do with the contractor hiring a certain amount of people from low income areas, etc. She stated she would like to change the recommendation to include, "contingent upon City of Jacksonville approval ". Mr. Hanson pointed out that this is the only sewer rehab project that has ever been approved under this type of funding and Mr. Thompson and Ms. Kaluzniak have spent a tremendous amount of time, not only getting the grant put together, but in trying to get through all the administration. Motion: Award a contract to Insituform Technologies, Inc. for the Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Proiect in the amount of $140,294.00 and authorize the City Manager to sign the contract, contingent upon the City of Jacksonville's approval. Moved by Daugherty, Seconded by Parsons Commissioner Fletcher stated there is about $37,800 left and asked whether that money is available for anything else. Ms. Kaluzniak stated it is very specific because of the Section 3 requirements and it has to all be in the low income area. She stated there are a few extra areas she might be able to do as a change order but she is waiting on the State to tell her if that would be approved. She stated if it is she will bring it back to the Commission as a change order. Commissioner Fletcher stated we might then be able to expand the geographic area we are doing it in and absorb all the money. Commissioner Parsons asked what the chances are of Insituform not meeting what Jacksonville wants. Ms. Kaluzniak stated, looking at actual regulations, they really don't apply in this instance because they base it on the fact that most contractors let their people go in between jobs, so when they start a new job they are hiring new people. She explained the regulations state if you hire additional people you have to June 13, 2011 REGULAR COMMISSION MEETING Page 8 make a good faith effort to hire them from the local disadvantaged community. She stated they also have to meet the qualifications. She stated Insituform and all the other contractors who bid are in the same situation. She explained because it is very specialized work and takes several months of training, Insituform does not terminate their people in between contracts so they do not expect to be hiring any additional people. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED D. Intracoastal Waterways Master Plan Scope & Fees Approval. Mr. Carper stated last month the Commission authorized staff to negotiate with CPH Engineers and HHI Design. He stated they proposed a lump sum scope, and the level of work they are offering is more than he expected to see for $25,000. Motion: Approve the Scope of Services and Fee Proposal for the Intracoastal Waterways Master Plan and authorize the City Manager to sign the contract with CPH. Moved by Daugherty, Seconded by Fletcher Commissioner Fletcher asked what the source of funding is for this. Mr. Hanson and Mr. Carper stated it is from the General Fund. Discussion ensued regarding the timeline, which Mr. Carper summarized from his staff report. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED E. Police Department Report - 1" Quarter, 2011. Chief Mike Classey summarized the highlights of the 1" Quarter report. He further explained the Florida Law Enforcement Challenge, stating Atlantic Beach placed number three in the State last year for our size agency and is in the top three again this year. He also stated the emergency response time continues to be exemplary, with the average time of 2 minutes 9 seconds for the first quarter. Discussion ensued and Chief Classey answered questions from the Commission. City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported the last alcohol deployment on June 3 resulted in no sales to minors. June 13, 2011 REGULAR COMMISSION MEETING Page 9 Mr. Hanson reported on the sale of a confiscated truck, stating they have had a policy asking the Commission to declare surplus and approve the sale of any items valued over $1,000. He stated one vehicle has been sold without following the policy. He explained it was a 1996 Nissan truck which was acquired by the Police Department through a forfeiture related to an attempted murder in 2009. He stated the truck had over 150,000 miles on it and was sold to the PropertyRoom.com website which the Police Department uses to dispose of their surplus property, as opposed to the normal deal when they have used City vehicles that are taken to the Jacksonville Beach auction. He stated the truck was sold for $1,400 at bid, although they all expected it to sell for less than $1,000. He stated in order to sell it they couldn't wait for the next Commission Meeting and he is here tonight to ask forgiveness rather than asking for permission and assured the Commission this will not happen again. Mr. Hanson reported on an intent to sue notification received on behalf of AT &T for damages amounting to a little over $1,000 related to a utility repair. He stated the City's Utility crew tore up an AT &T line, which the City believes was improperly installed. Mr. Hanson asked Mr. Thompson to give a report on Hurricane Planning and the Mayport Corridor. Mr. Thompson explained the changes to the Disaster Preparedness Guide, which is provided by the Times Union and available at City Hall. He answered several questions from the Commission regarding evacuations, emergency drills, Atlantic Beach hurricane plan, distribution of information to citizens regarding hurricanes, etc. Mr. Thompson updated the Commission on the Mayport Corridor, stating the recent emphasis has been on businesses including those on Atlantic Blvd. He reported the mural on the restrooms at Donner Park has been completed, with children from the neighborhood helping the artist. He also explained a program with Beaches Habitat for small and large home repairs. He further highlighted other events taking place in the Corridor. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners Mayor Borno welcomed Commission Daugherty back from his time in Joplin, Mo City Attorney where he volunteered. Commissioner Daugherty explained he was in charge of food distribution for Catholic Charities. Commissioner Parsons • Received a complaint from an Oceanwalk resident regarding people still trying to get to Hanna Park from Seminole Road. Mr. Hanson stated he and Rick Carper also spoke to this resident and Mr. Carper has agreed to look at the signage at the five points intersection to see if they can make it a little more visible. • Another resident complained that the field offices for the beach renourishment sat in front of their house for over a month during the last renourishment and they wanted to see if it could be placed at a different location this time. Mr. Carper stated at the preconstruction conference their plan did not indicate they are going to have any kind of structures in Atlantic Beach. He stated they will June 13, 2011 REGULAR COMMISSION MEETING Page 10 use 7 th and 15 Streets for small vehicle access but all of their major equipment will be at 16 Avenue South and trucked out. Mayor Borno • Stated the beach renourishment is 24/7 so there will be sounds from vehicles and other inconveniences at various times, but it is a project that is highly necessary if they want to have a beach, so they will have to put up with discomforts periodically. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:45 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Nancy E. Bailey Recording Secretary P40 �1 ■ ' I� rr: } -1Y1 �hr.�nY':�"1r . �� t lip M o 41*4 IXF71 IG � MLIISM"�i ;�MT7T L City of Atlantic Beach FINANCIAL REPORT MAY 2011 AGENDA ITEM # 4A JUNE 27, 2011 Cash Balances Fund(s General Tree Replacement Convention Development Tax Local Option Gas Tax Better Jax 1/2 Cent Sales Tax Police Training, Forfeiture, Grants, etc. Community Development Block & ARRA Grants Debt Service Capital Projects Utility Sanitation Building Code Enforcement Storm Water Pension - Police Pension - General Investments - Unallocated Gains (Losses) Total Total Restricted Cash Total Unrestricted Cash Prior Current 04/30/11 05/31/11 $6,700,848 3,989 52,847 16,319 247,930 149,699 0 47,431 2,047,732 3,039,800 686,627 47,294 1,183, 578 26,087 52,802 (204,703) $14,098,280 $6,591,067 3,989 66,574 50,044 246,571 147,487 (7,325) 53,241 2,032,132 3,574,488 699,775 49,594 1,175, 370 22,299 73,424 (63,632) $14,715,098 $7,827,949 $6,887,149 Dollar Change ($109,781) 0 13,727 33,725 (1,359) (2,212) (7,325) 5,810 (15,600) 534,688 13,148 2,300 (8,208) (3,788) 20,622 141,071 $616,818 Cash and Investments Account Prior Current 04/30/11 05/31/11 Bank of America - Depository $2,541,491 Federal National Mortgage Association Bonds 2,034,201 US Treasury Notes 1,149,856 US Treasury Notes 2,094,561 Federal Farm Credit Bank Consolidated Bonds 1,144,683 Federal Home Loan Bank Consolidated Bonds 1,021,141 Pimco Mutual Fund 2,033,738 Putnam US Government Mutual Fund 2,075,522 MorganStanley SmithBarney AA Money Trust (150) SBA - Florida Prime 287 Cash on Hand 2,950 Subtotal 14,098,280 Police Pension Investments General Pension Investments 6,721,925 12,007,461 Subtotal 18,729,386 $2,984,725 2,040,588 1,148, 387 2,151,229 1,164,786 0 2,075,554 2,089,167 1,057,424 288 2,950 14.715.098 6,705,983 11, 909,157 18,615,140 Dollar Interest Change $443,234 6,387 (1,469) 56,668 20,103 (1,021,141) 41,816 13,645 1,057,574 1 0 Rate 0.300% 4.300%(l) 4.625%(l) 3.625%(l) 4.875%(1) 4.300%(l) 2.054%(l) 5.076%(l) 0.010% 0.240% N/A 616,818 Total $32,827,666 $33,330,238 $502,572 (1) Fiscal year to date rate of return is 1.6% Rate of Return (15,942) - 0.410% (98,304) - 0.080% (114, 246) Total $32,827,666 $33,330,238 $502,572 (1) Fiscal year to date rate of return is 1.6% City of Atlantic Beach FINANCIAL REPORT MAY 2011 Revenues AGENDA ITEM # 4A JUNE 27, 2011 Annual I YTD - 67% YTD Dollar Percent Fund / (Footnote) Estimate of Estimate Actual Variance Variance General (1) & (3) $11,515,549 $7,680,871 $9,032,757 $1,351,886 17.60% Convention Development Tax 192,857 128,636 55,793 (72,843) - 56.63% Local Option Gas Tax 463,523 309,170 300,314 (8,856) -2.86% Better Jax 1/2 Ct Sales Tax 658,424 439,169 430,403 (8,766) -2.00% Police Training, Forfeiture & Grants, etc. 185,917 124,006 205,091 81,085 65.39% Grants (2) 647,352 431,784 15,230 (416,554) - 96.47% Debt Service 68,650 45,790 46,174 384 0.84% Capital Projects 903,000 602,301 658,027 55,726 9.25% Utility (3) 19,061,825 12,714,238 7,658,975 (5,055,263) - 39.76% Sanitation 1,837,500 1,225,613 1,206,423 (19,190) -1.57% Building Code Enforcement 317,850 212,006 197,011 (14,995) -7.07% Storm Water 669,124 446,306 446,894 588 0.13% Pension - Police (4) 964,726 643,472 987,749 344,277 53.50% Pension - General (4) 1,522,969 1,015,820 2,030,276 1,014,456 99.87% Total $39,009,266 $26,019,182 $23,271,117 ($2,748,065) Analysis of Major Variances (1) The $1,351,886 positive variance in the General Fund resulted from having received 94.3% 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 $416,554 negative variance in the Grant Funds resulted from having expended 1.7% of the budgeted fiscal year to date amounts. 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 $5,055,263 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 8.5 %. (4) The $344,277 positive variance in the Police Employee Pension Fund & the $1,014,456 positive variance in the General Employee Pension Fund resulted from changes in the market values of the investments & realized gains from the sales of investments fiscal year to date. City of Atlantic Beach FINANCIAL REPORT MAY 2011 AGENDA ITEM # 4A JUNE 27, 2011 Department / (Footnote) Annual YTD - 67% YTD Dollar Percent Estimate of Estimate Actual Variance Variance Governing Body City Administration General Government Planning and Building Public Safety (1) Recreation and Special Events Public Works (2) Public Utilities (3) Pension - Police Pension - General Total Resource Allocation Personal Services (1) - (3) Operating Expenses (1),(2) & (4) Capital Outlay (1) - (3) Debt Service Transfers Total $42,260 $28,187 $26,713 $1,474 5.23% 2,522,102 1,682,242 1,580,571 101,671 6.04% 914,780 610,159 346,615 263,544 43.19% 531,131 354,265 301,902 52,363 14.78% 6,098,153 4,067,469 3,504,750 562,719 13.83% 392,160 261,571 254,401 7,170 2.74% 6,679,017 4,454,905 3,917,123 537,782 12.07% 19,695,451 13,136,866 8,996,186 4,140,680 31.52% 548,977 366,168 390,879 (24,711) -6.75% 555,445 370,482 465,502 (95,020) - 25.65% $37,979,476 $25,332,314 $19,784,642 $5,547,672 Annual YTD - 67% YTD Dollar Percent Estimate of Estimate Actual Variance Variance $9,402,595 $6,271,531 $5,658,267 $613,264 9.78% 10,171,968 6,784,703 6,144,069 640,634 9.44% 13,816,500 9,215,609 4,368,257 4,847,352 52.60% 2,137,906 1,425,983 1,694,774 (268,791) - 18.85% 2,450,507 1,634,488 1,919,275 (284,787) - 17.42% $37,979,476 $25,332,314 $19,784,642 $5,547,672 Analysis of Major Variances (1) The positive variance in the Public Safety Funds resulted from: open positions in the Patrol division, the seasonality of the Lifeguards, the payment being due quarterly to the City of Jacksonville for fire & rescue services (the payment for April through June, 2011 is due in June 2011) and limited activity on the Public Safety Building — see Project Activity Schedule. (2) The positive variance in the Public Works department resulted from: only 6 of 7 monthly payments have been paid on the Advanced Disposal Services contract; retiring employees being replaced with employees at a lower salary; only .3% of the budget for the Stormwater Master Plan has been expended and limited activity on the various Parks projects funded from this source — see Project Activity Schedule. (3) The positive variance in the Public Utilities department resulted from retiring employees being replaced with employees at a lower salary and limited activity on the various projects funded from this source — see Project Activity Schedule. (4) The positive variance in the Operating Expenses is partially due to only 57% of the budget for professional & contractual services has been spent City wide. City of Atlantic Beach FINANCIAL REPORT MAY 2011 Project Activity - Current Year Activity Only AGENDA ITEM # 4A JUNE 27, 2011 Project Project Name Number Budget YTD Actual YTD Balance Status Public Safety Replace Well at Water Plant #1 PUO304 287,018 Lifeguard Building Roof Replacement LG0901 8,000 0 8,000 Police Building Renovation /Design /Construction PS0504 426,491 256,566 169,925 E PU0906 434,491 256,566 177,925 Public Utilities: Replace Well at Water Plant #1 PUO304 287,018 204,238 82,780 1 TMDL - WWTP #1 Design PU0905 91,205 91,204 1 C TMDL - Lift Station /Main Transfer Flow PU0906 1,708,709 1,257,323 451,386 1 Ground Storage Tank Rehab - Water Plant #1 PU1002 44,340 44,340 0 C Collection System Inspection & Rehab PU1004 27,788 27,789 (1) C Mimosa Cove Lift Station Upgrades PU1005 61,498 48,498 13,000 1 Lift Station E Upgrades PU1006 48,183 48,183 0 C 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 1 Ground Storage Tank Rehab - Water Plant #4 PU1103 40,000 0 40,000 Replace 2" Water Main - 11th Street PU1104 120,000 3,750 116,250 E Sewer Rehab - Sea Oats Drive PU1105 300,000 267,847 32,153 1 TMDL Upgrade /Construction - WWTP #1 PU1106 5,693,230 1,101,157 4,592,073 1 Valve Replacement - Davco & Clarifier PU1107 10,000 0 10,000 Replace Equipment - PW Yard Station PU1108 30,000 0 30,000 1 Plant Improvements - Master Plan PU1109 469,000 0 469,000 TMDL Sludge /Odor Improvements PU1110 241,414 76,133 165,281 1 Subtotal 9,237,385 3,170,462 6,066 923 Public Works: Riverbranch Preserve - Kayak & Canoe Launch PM0804 196,306 6,918 189,388 E Howell Park Bridge Replacement PM1001 20,000 0 20,000 Veteran's Park - Flag & Pavilion PM1006 72,063 71,576 487 C Dog Park - Hopkins Creek PM1008 27,800 25,748 2,052 1 Gate at Dutton Island PM1101 20,000 0 20,000 1 Lighting - Basketball Court PM1102 22,000 0 22,000 1 Lighting - Security at Community Center PM1103 1,400 0 1,400 1 Sod - Baseball Field PM1104 32,000 0 32,000 Sod - South End of Soccer Field PM1105 20,000 0 20,000 Parking - Paved PM1106 50,263 0 50,263 Water Fountain - Russell Park PM1107 5,000 0 5,000 Veteran's Park - Phase II - Stage PM1108 50,000 5,963 44,037 1 Security Camera - Donner Park PM1109 5,500 0 5,500 1 Royal Palms Design PW0808 3,294 3,294 0 D Royal Palms Stormwater Project PW0905 507,129 507,129 0 C Bulkhead - Ditch @ Cavalla PW1005 9,472 9,472 0 C Sidewalk & Curb Replacement PW1101 25,000 14,734 10,266 1 Drain Line - Atlantic Blvd /East Coast Dr /Ahern St PW1102 50,000 0 50,000 Subtotal 472,393 1,117,227 644,834 Total $10,789,103 $4,071,862 $6,717,241 Status Key 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 AGENDA ITEM # 4A JUNE 27, 2011 �. fa "C bA C ci v C� O cd Q : ci b b .. p M O p p ed O U 0� lb ow C� �l y u o 0 ow a-d C.) b (n a� O o Fz1 � � N N rO• V M V u t m . ,d O 1 `i' o w 0 °o C O p ow p �, O O Cd U o cd v b O C •� o Qo� t, CL .O W a O O 'b ° O 1 '2 •° Cd ai C w b `� CR• o p� .... ,b •� � aW w I u � o 0 0 � ° A � a ,� o E-� ° � a��i H z Cd Cd 0 ow ow ow a O W FO U F O O rn m A 4. *I Q v, Q. cad i. �' .p rn b a h •� � t vcl p o a q°oU a a A O o ci F Z H� O z ° oA O ai Ti U O H Q cd to i o P c o .c O o ci V cn y O U tw ' p O � ^. 4 `n E" m N O C rn U O U a N m bq x O 'n � d rl cd U N Cd U 3 N .�-1 U 'y cd co . 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II U Q o II o \° II a o ° ° o o ° � o ° x o ° A � � •� .o .o .o .o ,o W z � � � � a Q Q � � � � N � II � } � II � O � II � O �q � III � � , II I �U cd Cd p0 p0 lz II Vl �D [� AGENDA ITEM # 4A JUNE 27, 2011 ^o � � N a� a� PC ,d b m .P, z W ^d ►a b y p 4 b .G p O Cd ^d C V rr � 'G b M V V1 to to va;w Wo 0 AW n c U H� c z O b rA U ai a> 3 a w w w U° z a z 4.1 a U suV D F a� � z o 0 0 u 0 cd � w z o t° to El O � p! 0 '� U .o o '0-0 PC b W bb �" O `� b V ,d w ob a Po � mm c d cd o b v z ° U c7 c7 0¢ ,� w a o0 0� AGENDA ITEM # 413 JUNE 27, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Extension of Annual Contract for Portable Kayak Concession at Dutton Island SUBMITTED BY: Timmy Johnson, Recreation Director DATE: June 14, 2011 BACKGROUND: The City's current contract with Nautical Escapes for operation of a portable kayak rental facility at Dutton Island Preserve will expire on June 30, 2011. Ed Hogan, Owner of Nautical Escapes agreed to extend the contract for another year under the same terms and conditions as approved by the City Commission on June 28, 2010. The number of renters has been included on the monthly recreation report and shows an increase in users since last year. BUDGET: Nautical Escapes will compensate the city $280 over a 7 month period to operate the kayak facility at Dutton Island. ATTACHMENTS: Letter with Ed Hogan's signature agreeing to the extension RECOMMENDATION: Extend the Annual Contract for Portable Kayak Concession at Dutton Island for one year REVIEWED BY CITY MANAGER: 4:Z:7--v , n4 �, NN k A v 117 mar P •� � � leri Ms l +r IP h' -Y 1 5•s + +�,' - k". ,��; �,i -4' :f. a t` r E 5 i ii I iA y1mv fir d ?4 A Js 41DL Id RIL will � lie X11,■ � li Im II AGENDA ITEM # 4C JUNE 27, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Annual Contract for Data Cabling, Troubleshooting, Repairs and Installation Bid No. 1011 -12 SUBMITTED BY: Keith Rand ich, nation Technology Manager David ThompsdAssistant City Manager DATE: June 14, 2011 BACKGROUND: City departments require the services of qualified and licensed data cable contractors to troubleshoot, repair and install telephone, copper, and fiber wiring, controls and components. Bids were advertised, and 6 contractors were sent invitations. Three contractors submitted bids: Tietjen Technologies Truvance Management Inc. W.W. Gay Fire and Integrated Systems Truvance Management, Inc. was the responsive low bidder. Truvance was the successful bidder to run fiber from City Hall to Public Works and Water Plant in 2006 (Bid 0506 -14), and the City has been very pleased with their work. BUDGET: These services are used on an as- needed basis, and funds are budgeted in Information Technology under account number 001 - 1011 -516 -4600. The City typically spends under $3500 annually on data cabling services. RECOMMENDATION: Award the annual contract for Data Cabling, Troubleshooting, Repairs and Installation to Truvance Management, Inc. at the rates listed in Bid No. 1011 -12. ATTACHMENTS: 1. Bid tabulation form. REVIEWED BY CITY MANAGER: AGENDA ITEM # 4C JUNE 27, 2011 c O i+ IC N C oa L U D_ W W m � � C c N O 00 at T M o w 2 U o F m c a m U m IC 2 IL O M a m rn c N p p p 0 p 0 o p p O LO LO 04 LO cli LO LO CD w i7L >1 to !fl 69 69 fA 69 R U C a-� C d d 01 R O O O O O O O O O O O O C u) u) u) u) N u) C d U G R 7 L O O O ~O rn c cn O rn � o � C) uq C) rn en cn 6q Ml Ml otS of O S od 2 w s cn n c c N cn t, m y ea it y it S Ix S Ix 2 rn = y L U H o m 0 0 o ta 6q o Z d u> S c c c u> S +� c c c c U U U N N U_ U_ •C •c •E U U lk c c U L L L C C U y F y F y F U U F F F F N p C O a 7 a i+ LL 0 3 v a v E o LL 73 cm 3 v N w E U c u1 F `_ E o m y X U G) N (n O cm Y c c m a w t LO 2 ELL w w N E E tm E O m V N= N o 2 U o a - 9 a O C a W cm ate.+ m _ N En m E E c 0 7 T w E {p N N IC C p Q 0 t , f0 cn U V 00 U Vl m N V >. y N U o c E c~ G o E v m +� 0 y _rnc > N C fyA O c N y 0 d U) F F d F N F Y 0 0 = (RD N E M ' Q u) C — V AGENDA ITEM # 4D JUNE 27, 201 I CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Interior Repair and Painting of Ground Storage (Standpipe) Tank at Water Plant No. 4, Bid No. 10 11- 13 SUBMITTED BY: Donna Kaluzniak, Utility Direct DATE: June 13, 2011 BACKGROUND: As part of the City's maintenance program, the ground and elevated storage tanks at the City's water plants are inspected, rehabilitated and coated on a regular basis. The City advertised for bids to repair and recoat the interior of the 86,000 gallon standpipe tank at Water Plant No. 4. Nine contractors attended the mandatory pre -bid meeting and five contractors submitted bids: Contractor Caldwell E & D TankRehab.com, TMI Utility Service Tanks, Contracting LLC Coatings, Co., Inc. Inc. Services, Inc. Inc. Total Base $49,700 $68 $33,900 $68,500 $36,950 Bid The lowest responsive bidder was TankRehab.com, LLC. TankRehab is a local firm, and has done excellent work for the City in the past. BUDGET: A total of $40,000 is budgeted for this project in the Water Fund under account number 400 - 5502 - 533- 63 -00. Staff requests authorization to encumber an amount of $3,390 (10 %) under a separate purchase order for use as contingency if needed. RECOMMENDATION: Award a contract to TankRehab.com, LLC in the amount of $33,900 for Interior Repair and Painting of Ground Storage (Standpipe) Tank at Water Plant No. 4, and authorize the City Manager to sign the contract. Authorize staff to encumber $3,390 under a separate purchase order for use as a contingency for the project. ATTACHMENTS: 1. Bid tabulation for Bid 1011 -13 REVIEWED BY CITY MANAGER: AGENDA ITEM # 4D JUNE 27, 2011 a m Y C H d O. CL a c m t N_ m a) a) °) CO 12 ;: w +°+ N CD c N m co a o ° U O rn c c m a a c m m CL a) `o c a 0 0 M 0 U � o v o Z X X X X X x X X X X Z 'O am N — <o M b4 w C r L x x ° o rn LL Q C O .E x x x x x x x � u x x z LO o U �p � F v Q ° io N a � o L o w x x x x x x x x x x a ° o Y Z m M C M � H O (h Of N v x x x x x x x w x x z M ® o co O W ? 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J� -� :�' .tq .5 d �'' #. r a :•` } - r 4. 11 : - .'-, f'LJ . ±F� 1 I 0 AGENDA ITEM # 8A JUNE 27, 2011 Column A: Cost data and benefits that is currently in effect, i.e. effective: 10/01/2010. Column B: Current benefits if renewed on 10/01/2011 with a 28.65% increase along with the City continuing to pay the current health insurance ratios of 95% of the Base Employee Only coverage and 45% of the cost difference of any other Base insurance that the employee may select. Premium cost increase to the City would be $206,246 and $71,852 to the employees. Colum C: Current benefits if renewed on 10/01/2011 with a 28.65% increase along with the current health insurance ratios being changed to the City paying 90 %, instead of 95 %, of the Base Employee Only coverage and paying 40 %, instead of 45 %, of the cost difference of any other Base insurance that the employee may select. Premium cost increase to the City would be $155,138 and $122,961 to the employees. Column D: New Plan with reduced benefits and current health insurance ratios being changed to the City paying 90% of the Base Employee Only coverage and 40% of the cost difference of any other Base insurance that the employee may select. Premium cost increase to the City would be $75,883 and $116,559 to the employee. Column E: New Plan with reduced benefits and current health insurance ratios being changed to the City paying 90% of the Base Employee Only coverage and 40% of the cost difference of any other Base insurance that the employee may select. Premium cost increase to the City would be $1,768 and $152,027 to the employee. Column F: New Plan with reduced benefits and current health insurance ratios being changed to the City paying 90% of the Base Employee Only coverage and paying 40% of the cost difference of any other Base insurance that the employee may select. Premium cost to the City would be decreased by $22,380 and increased by $119,532 to the employees. ACTIONS REQUESTED: 1. That City Commission authorizes providing employees with an optional employee paid Major Medical Complement (GAP) policy. 2. Based upon guidance received to not increase the health insurance cost to the City, recommend that the Commission approve: a. Changing the percentage of premiums paid by City from 95% to 90% for Base Employee Only coverage and from 45% to 40% of premium differences for any other Base insurance selected by the employees, and b. Health insurance plan as listed in Column "E" to be effective October 1, 2011. CITY MANAGER: AGENDA ITEM # 8A JUNE 27, 2011 O a� o N LD an O 00 o 00, c6 r4 N m bo j U v C lfl G. U Ln D_ c-I m Z a-' w w U N 00 00 r� c N c L o cu c-I QD oe c ko O O CL U �' Ol �t m n O n m w z 41 CL E � L!1 . i N m 00 0) p to (U N U m m i.J w D a) " w lzT c-I c I Z + T ' E O U QD o o lfl O oo m N o 0 O O to Ln O O N o Q bt) o (0 m IA L u U rn m O. 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M QD m .-i ON m m 1 --i 1O Ln m O � m m N � 00 QD o o lfl . -i N oo m N N to Ln 00 0 00 o Q 0 o m o rn O 0J O 0) 4' U Cj cn a' U ,n U t U �: aa) C Z L U S o Z L U C: o a T � t 4 41 C C O O C -2! z O O C C fl °n E m m � m Lu AGENDA ITEM # 8A JUNE 27, 2011 bn m 'o u C LL W .+•r+ _ Z U w Cl � r r 0 0 0 O O 01 't 4J L 11 c m U W Z + CL W U w 0 r r ° o 0 O O 01 �t 0) bA N L f0 p u C d V � z w C. U w Cl r ° o rn � o W d L b0 0 C t N + a U = V z E EP Lu U w O C or o m O O G V C3) 't Z o aJ U I m OA l0 m � � C 00 ;:, w u m flj + a 0O N u m + V L F A LZ N v- w ~ w 0 c U ar or o m u Lnn Ln Z v rn � w ba T u w d 0 Q or or CL a+ E V U w O Ln I Ln r r o m IZT l Ln N CO o ci nN N m o ci N M nj oo m Lr) r-Z' Ln Ol N Z � O iN � N M O N Ol r 00 c -ii N a ID n N LO r O O rn rN M l0 n M O N l0 �n r c O iA LD M cj) Ln c ;t M i� p� Lo 7 -p l0 N V N -L } M N T LD M M 00 o LD 00 � 0 o N' O co u1 - L l0 ' 01 ci ` i 00 ^ Oi L0 Ln M ` c-1 O M i� i� Q o lD r, � M o M l0 c O l0 rl c I a> l0 � 00 6 L N Ol N ci N N Ln ci �..M Ln N `� 00 N 41" V -J)- l0 00 m Ol t0 o N N o W O r, N M O Ln lr0 N N O N N m r O M N O N 0) M O Ln F c 0 a IZT Lr O O m 0) O o r- N' d u1 +' � Rt r 0 rn O Ln n N O N � O -O [0 q N r4 L} i� i� �n chi m 0 vi O r4 aJ 4.n (Ij a O a -Lq o v U +� O E `1 � C ++ v W +1 O C A fl Lu O V , > co a i U a v v U H H d OR d C o 41 O U aJ s kn O O E C O0 7 N Ln E L 4 , O X M O O E T U 4+ c0 aJ aJ Q U Y C U O f0 Q 41 L kn O C Ln w C Or N 41 7 ' O aJ �0 U aJ c s ca L LA O , c 4 1 v O 7 O kn O ? 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C E E A c 7 > m C E U x X N E E E aJ �- s s O N Y a, a U O O O 4 ' o O 0 N O N Ln J 0 0 o v `� 0 O �n r O O 0 Ln O 0 i� p� Lo 7 -p l0 N V N -L } Ln - L4 �!j ci C vi 0 N to \ Q o Ln Ln ci 0 . v O Ln F aJ .fl L O O o O o O o O h l0 v +' � O r 0 O O O O O � O -O [0 q N r4 L} i� i� �n chi m 0 vi O r4 O ct 4.n (Ij a O -Lq \ Ln M 1i 0 - N O N 0 0 Ln LD v O aJ OLn O p u) Op O Om O Lr O O O O '4 ry) Ln i� i n L} i� i� o m0 C= {�/} icet O `n m .-i i� ol a O N Ln LO O p O 0 Ln r1 O O 0 0 0 O O O o M o u1 h u1 aJ r-4 0 N 0 Ln 0 c O O O\ n 4 .n \ i!� L} t/} i� nj mm L n ice!} O Ln M �-I i� 0 O aJ O rlj Ln O On O p O p O O. o O O O O M O u1 L} �n aJ A N N �n O O O O O O 14 n � \ -L } -L } tN i�l� M v C t O Ln Ln M ci i� 0 - N O N V')- Op � O �n 0 O O o O O 4 .n O O c) 0 0 d' mm 0 Ln O O Lfl om O U Ln W W a - E W C C E U C 0 L o Y (6 o_ O O c ii C `L° 1 v 1 v Z Q U o L r6 V 4+ A `1 w r aJ r aJ 3 ln Y U Y U C p N a� C C C aJ U C m U d .fl .fl C i O d O d Q LL >, L (0 N Z aJ T } � aJ � - C H V a U ++ U O U �� r r 'C LU Z m `J 4- [o 4- [o o L a) to . 7 p 7 p CL O + O + U N W m 'rZ a Q Ln m V p ' c p ' c O O E w L w 0 w 0 E w 7 0 7 0 CL 41 O U aJ s kn O O E C O0 7 N Ln E L 4 , O X M O O E T U 4+ c0 aJ aJ Q U Y C U O f0 Q 41 L kn O C Ln w C Or N 41 7 ' O aJ �0 U aJ c s ca L LA O , c 4 1 v O 7 O kn O ? O N C L p 3 - 0 CL rn p _C co L CL 0 O U � U U -0 U C aJ m CL [0 to Q aJ (0 .fl L _0 7 Q N N C p O - a In in 7 N m O s kn c aJ aJ aJ aJ Q O A aJ a O Q L a, E kn 41 s U aJ 4. C E E A c 7 > m C E U x X N E E E aJ �- s s O N Y a, a U O O O 4 ' o O AGENDA ITEM # 813 JUNE 27, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Mutual Aid Agreement with Duval County School Police (DCSP) DATE: June 16, 2011 SUBMITTED BY: Michael D. Classey - Chief of Police 0 Cs BACKGROUND: The Atlantic Beach Police Department has had Mutual Aid Agreements with other local police agencies for many years. The purpose of the attached agreement is to establish the authority and responsibilities of police officers who may be called upon to perform law enforcement services while in another jurisdiction. Many times incidents occur on school property, but to complete their investigation, DCSP Officers must go to other areas in the city. This agreement will allow DCSP Officers the authority to conduct follow up investigations within the City of Atlantic Beach. It grants them the authority to render enforcement assistance when violations of Florida Statute occur in the officer's presence. It also provides Atlantic Beach Police Officers with the same law enforcement authority while working at any school in the county. BUDGET: None RECOMMENDATIONS: To approve the attached Mutual Aid Agreement and authorize the City Manager and Chief of Police to sign it. ATTACHMENTS: Proposed Agreement REVIEWED BY CITY MANAGER: AG DA ITEM NUMBER: AGENDA ITEM # 813 JUNE 27, 2011 VOLUNTARY COOPERATION LAW ENFORCEMENT MUTUAL AID AGREEMENT WITNESSETH Whereas, the subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to continuing, multi jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the citizens; and, Whereas, the Duval County School Police Department and the Atlantic Beach Police Department have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to enter into a mutual aid agreement for law enforcement service which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. Now, therefore, the parties agree as follows: SECTION l: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, burglaries, thefts, gambling, motor vehicle thefts, controlled substances violations, DUI violations, and civil traffic infractions. In addition; by execution of this agreement, each of the agencies may request and render law enforcement assistance with special events, sporting events, disasters (natural or man - made), inter - agency task forces and/or joint investigations, and assistance with tactical operations. SECTION ll: PROCEDURE FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, an authorized representative of the agency requesting assistance shall notify the agency head or his/her designee from whom such assistance is requested. The agency head or authorized agency representative whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his /her supervisors if necessary and will respond in a manner he /she deems appropriate. The agency head in whose jurisdictions assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for matters of a routine nature, such as traveling through the jurisdiction on routine business, attending a meeting or going to or from work, or transporting a prisoner, and a violation of Page 1 of 5 Duval County School Police Department and Atlantic Beach Police Department AGENDA ITEM # 813 JUNE 27, 2011 Florida Statutes occurs in the presence of said party, representing his /her respective agency, he /she shall be empowered to render enforcement assistance and act in accordance with law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow -up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life- threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the law enforcement officer may encounter. Officers assigned to task force operations pursuant to this agreement who observe a violation of Florida Statutes in their presence shall be empowered to render enforcement assistance and take enforcement action in accordance with law. No officer or appointee shall be empowered under this agreement to operate in the other agency's jurisdiction without prior approval of the agency head having normal jurisdiction. The agency head's decision in these matters shall be final. SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his /her designee of the agency' requesting assistance. CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employing agency. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, personnel policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the agency head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard as to agency affiliation. Page 2 of 5 Duval County School Police Department and Atlantic Beach Police Department AGENDA ITEM # 813 JUNE 27, 2011 If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his /her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated nay of their agency's policies or procedures. SECTION IV: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Employees of the Duval County School Police Department and the Atlantic Beach Police Department when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside this state, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other party to the agreement as set forth above; provided, however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such aid. C. A political subdivision that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. D. The agency furnishing aid pursuant to this agreement shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. However, the requesting agency may compensate the assisting agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering aid pursuant to this agreement. E. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the Page 3 of 5 Duval County School Police Department and Atlantic Beach Police Department AGENDA ITEM # 813 JUNE 27, 2011 employees duties extraterritorially under the provisions of this mutual aid agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees. F. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. G. Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VI: LIABILITY INSURANCE Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15)(a), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify all parties to this agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION VII: FORFEITURE PROVISIONS A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this agreement, the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. B. All proceeds from forfeited property seized as a result of or in accordance with this agreement shall be divided equally between the parties, less the costs associated with the forfeiture action. SECTION VIII: EFFECTIVE DATE This agreement shall take effect January 3, 2011 and shall continue in full force and effect until January 5, 2015. Under no circumstances may, this agreement be renewed, amended, or extended except in writing. Page 4 of 5 Duval County School Police Department and Atlantic Beach Police Department AGENDA ITEM # 813 d JUNE 27, 2011 SECTION IX: CANCELLATION Any party may cancel its participation in this agreement upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party. In witness whereof, the parties hereto cause these presents to be signed on the date specified. W. E. Pratt - Dannals Superintendent of Schools Mhard L. Townsend \ Chief, Duval County School Police Signature Printed Name: Title: Agency: Signature Printed Name: Title: Agency: I Date Date Date Date Page 5 of 5 Duval County School Police Department and Atlantic Beach Police Department AGENDA ITEM # l0A MINUTES JUNE 27, 2011 Board Member Review Committee Meeting June 7, 2011 Call to order The meeting was called to order by Mayor Pro Tern John Fletcher at 5:00 pm. Those in attendance were Mayor Pro Tern John Fletcher (Chairman), City Manager Jim Hanson, Member Mitchell Reeves, Member Jim Smith, City Cleric Donna Bartle, Recreation Director Timmy Johnson, and Cultural Arts and Recreation Advisory Committee Chair Lori Gaglione. 1. Approval of the minutes of the BMRC meeting of November 10, 2010. Motion: Approve minutes of the Board Member Review Committee meeting of November 10, 2010. Moved by Hanson, seconded by Smith Motion carried unanimously 2. Review current members on the Cultural Arts and Recreation Advisory Committee whose terms expire on 7/8/2011 and are interested in reappointment (4 upcoming vacancies) A. Lori Gaglione B. Carolyn McCarthy C. Jeff Wight Mayor Pro Tem Fletcher advised there are four vacancies to address on the Cultural Arts and Recreation Advisory Committee (CARAC). It was explained that Meade Coplan's term will expire on July 8, 2011 and that she is not interested in reappointment. Ms. Bartle confirmed that the current members listed on the agenda are interested and are to be considered for reappointment. She explained there is one vacancy that will require replacement by a new member. The Committee discussed the attendance record of the three members as well as their contributions to the Cultural Arts and Recreation Advisory Committee. Motion: Recommend reappointing Lori Gaglione to serve an additional term on the Cultural Arts and Recreation Advisory Committee beizinning July 9, 2011. Moved by Hanson, seconded by Fletcher Motion carried unanimously (Ms. Gaglione did not vote) Motion: Recommend reappointinIZ Carolyn McCarthy and Jeff Wight to serve an additional term on the Cultural Arts and Recreation Advisory Committee beginning July 9, 2011. Moved by Hanson, seconded by Smith Motion carried unanimously 3. Discuss the new candidates (listed below) and the current members that are interested in reappointment (listed above) and make a recommendation. AGENDA ITEM # I OA New candidates: JUNE 27, 201 ] A. Lizzie Byrnes B. Wanda Wilson Martin C. Undine McEvoy D. Cindy Corey The Committee interviewed Ms. Martin, Ms. McEvoy and Ms. Corey separately. Ms. Byrnes did not show for her appointment. The purpose of the interview and an overview of the duties and responsibilities of the Cultural Arts and Recreation Advisory Committee, along with examples of the various programs, were explained to each. Each applicant explained her personal accomplishments, goals and interests in the community. The Committee offered the applicants the opportunity to ask questions and the Committee responded to those questions. After the interviews were completed, the Committee discussed each candidate and made the following recommendations to fill the vacancy of Meade Coplan. Motion: Recommend appointinL Wanda Wilson Martin to serve as a new member on the Cultural Arts and Recreation Advisory Committee beginning July 9, 2011. Moved by Hanson, seconded by Smith Motion carried unanimously 4. Other Business A. Set agenda for next meeting The Committee decided to set the next meeting for July 14 2011 at 5:00 pm to address membership on the Community Development Board and also the Code Enforcement Board. Adjournment There being no other business, the meeting adjourned at 6:22 pm. John Fletcher Chairman DRAFT - Minutes of the Board Member Review Committee Meeting on June 7, 2011 Page 2 of 2 AGENDA ITEM # l0A JUNE 27, 2011 CULTURAL ARTS AND RECREATION ADVISORY COMMITTEE Created by Resolution #02 -13 July 8, 2002; Amended by Res. #03 -5 & 10 -08 Meets at 6:00 p.m. the 4 th Tuesday of the month 2 -year term; 4 -term limit NAME /ADDRESS EXP. DATE CONTACT INFORMATION Tammy Lally 07/08/2012 536 -7944 (daytime) 2233 Seminole Road # 12 (1 term) 241 -3999 (h) Atlantic Beach, FL 32233 tammylally @aol.com Meade Coplan 10 Tenth Street 61 -K The Cloisters Atlantic Beach, FL 32233 Carolyn McCarthy 2346 Beachcomber Trail Atlantic Beach, FL 32233 Jeff Wight 831 Begonia Street Atlantic Beach, FL 32233 Cris Garrard 341 9 Street Atlantic Beach, FL 32233 Lynne Knecht Roskein 1220 East Coast Drive Atlantic Beach, FL 32233 Lori Gaglione (Chair) 342 Oceanwalk Drive S. Atlantic Beach, FL 32233 Hollie McMillan 390 Dudley Street Atlantic Beach, FL 32233 Jolyn Johnson 2322 Beachcomber Trail Atlantic Beach, FL 32233 Timmy Johnson Director, Recreation & Special Events Karen Kempf Administrative Assistant 07/08/2011 241 -7268 (h) (1 st term) coplancabana @yahoo.com 07/08/2011 247 -7723 (daytime) (1 Term) 463 -0384 carolynmccarthy @bellsouth.net 07/08/2011 (1st unexp & 2 nd term) 07/08/2012 (3rd term) 629 -8343 (h) jtwight @yahoo.com 887 -7966 crisgarrard@gmail.com 07/08/2012 249 -2930 (h) (3 term) 434 -5705 (daytime) lynneandjeff @comcast.net 07/08/2011 249 -3046 (2nd term) 241 -8888 LoriGag @bellsouth.net 07/08/2012 237 -8850 247 -5125 (FAX) hroar @comcast.net 07/08/2012 249 -1654 (3rd term) artsjolynjohnson @bellsouth.net Staff Liaison 247 -5828 (w) Recording Secretary 247 -5828 (w) kkempf @coab.us Revised 10 -26 -10 AGENDA ITEM # I OA JUNE 27, 2011 Received CITY OF ATLANTIC BEACH B® / COMMITTEE MEMBER APPLICATION FORM 1 a 2010 S EP Please check (�) the box beside each Board or Committee that you are applying to serve.on. If you check more than one, please rank your interest in each board / committee by order of priority. OHiee of city clerk (A summary of each board/committee is available on page 2 of this form.) _ Code Enforcement Board __ Community Development Board _ Pension Board of Trustees — Tree Conservation Board Cultural Arts and Recreation Advisory Committee Board Member Review Committee DATE: APPLICANT'S NAME: )an -4 1 I�� D! ADDRESS DAYTIME PHONE: n (� d 0 EVENING PHONE: -q6 q V IM E -MAIL ADDRESS: WC M Ct ►' 6 iq 2 � 15D1� , FAX: Please explain any employment experience, board/committee experience, and/or community volunteer experience relative to the board/commi applying for. ; 3 arn lip. rdrii'ror +o�__� A re CSI V r�GYZtrn 0, 1 ")yr�c 5�a�e Cry `I� ra p �° SC Ian -� ko r -9 0 i 5 60 1)k -Sh s Q. .ram a o we�-(- Em ' 01n(jP'p L- Please provide a brief explanation of your interest or any special qualifications you have in this field and your reasons for wishing to be appointed to this board/committee. i10' ilpw 1. { Ye, t S a rlW h x - PLEASE NOTE This application will expire two (2) years after date of submittal. 1 Se \� Sk( n I�� al 5 Please return completed form to Donna L. Bartle, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233