The URL can be used to link to this page

11-14-11 Agenda Packet CITY OF ATLANTIC BEACH CITY COMMISSION MEETING November 14, 2011, 6:00 PM AGENDA Call to order Invocation and pledge to the flag 1. Approve minutes of the Regular Commission Meeting of October 24, 2011. 2. Courtesy of Floor to Visitors 3. Unfinished Business from Previous Meetings A. City Manager's Follow -up Report (City Manager) 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 Building Department Monthly Activity Report, the Utility Sales Report, and the List of New Business Tax Receipts for October 2011 and the Public Works and Utility Departments Project Status Report on November 2, 2011. B. Approve the Police union contract for October 1, 2011 through September 30, 2012. C. Approve the Local 630 Blue Collar union contract for the period October 1, 2011 through September 30, 2012. 5. Committee Reports None. 6. Action on Resolutions A. RESOLUTION NO. 11 -27 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING A FAIR SHARE OF THE FLEET'S DISTRIBUTION OF ASSETS TO NAVAL STATION MAYPORT 7. Action on Ordinances None. 8. Miscellaneous Business A. Town Center Agency Proposal for Holiday Decorations — 3 rd Year (City Manager) 1 B. Public Hearing - Request from LA ( Fitness for: an exception to the height limit to accommodate an architectural element that exceeds the thirty -five (35) foot maximum height standard by three (3) feet on a property located within the Commercial General Zoning District at 985 Atlantic Boulevard. (City Manager) C. Agreement with Chesser Island Road Landfill, Inc. for Disposal of Sludge. (City Manager) D. Easement for City of Jacksonville Drainage. (City Manager) E. Estimated Cost to Install Stamped Concrete Crosswalk at the Orchid Street Bike Path Crossing. (City Manager) F. Response to Request for city To Offer Recycling at Beach Accesses (City Manager) G. Approval of JAG grant for police equipment purchase. (City Manager) H. Forfeiture Funds. (City Manager) 9. City Manager A. City Manager's Report 10. Reports and /or requests from City Commissioners and City Attorney Adjournment of Retiring Commission Oath of Office for New Commission • Maria D. Mark - Commissioner Seat 2 • Mark E. Beckenbach - Commissioner Seat 3 • Mike Borno - Mayor - Commissioner Seat 1 Call to Order of New Commission 11. Recognition of Outgoing Commissioners 12. Action on Ordinances A. ORDINANCE NO. 20-11-112 - 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. 13. Miscellaneous Business A. Approve locations for Town Hall meetings. (Commissioner Mark) B. Discussion of proposed Police Building and creation of Police Building Task Force. (Commissioner Beckenbach) 14. Comments from Mayor and Commissioners Adjournment 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. 2 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, November 11, 2011. 3 MINUTES REGULAR CITY COMMISSION MEETING October 24, 2011 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tern John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge: Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of October 10, 2011 and the Special Called Meeting of October 3, 2011. Motion: Approve the minutes of the Regular Commission Meeting of October 10, 2011 and the Special Called Meeting of October 3, 2011, as written. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 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. Jennifer Madden, Magnolia Street, asked why Atlantic Beach does not offer recycling bins on the beach. She stated by 2020 the goal of the State of Florida is to be recycling 75 %. Tim Gilboy stated they have put bins in the parks and it turns into a sorting event which staff does not have the time to do. He further stated the cost to bring in Advanced for recycling on the beach is not currently in their contract. Mayor Borno stated they will look into this more. Commissioner Woods asked Ms. Madden if she would be willing to look into this more. She stated she would do that. Jana Ray Sternfeld, 2248 Barefoot Trace, addressed the Commission regarding her waiver request for the circular driveway. Commissioner Fletcher stated if they have any questions they will bring her up during Agenda Item 8A. He stated they had a good submission of their request with plenty of information. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. October 24, 2011 REGULAR COMMISSION MEETING Page 2 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. 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 Building Department and Utility Sales Reports for September 2011. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 5. Committee Reports None. 6. Action on Resolutions A. Resolution No. 11 -24 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE INVESTMENT POLICY FOR CITY FUNDS, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 11 -24 by title. Motion: Approve Resolution No. 11 -24. Moved by Fletcher, Seconded by Parsons Finance Director Nelson Van Liere summarized the resolution, explaining the changes to the investment policy as recommended by the Investment Policy Review Committee which consisted of John Wolfel, Alan Gleit, Bob Sternfeld, Michael O' Shields (from Morgan Stanley) and Nelson Van Liere. Mr. Van Liere and Mr. O'Shields answered questions from the Commission. October 24 2011 REGULAR COMMISSION MEETING Page 3 Commissioner Parsons stated there was a lot of time and work put into this and thanked the Committee. He further expressed his appreciation for the great job Mr. Van Liere has done for us through the years. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno thanked Mr. Van Liere and those who served on this Committee, stating it is greatly appreciated. He stated with this we have sunset the action for the Committee until the next time to resurrect them again. Commissioner Fletcher stated this is an example of how a good committee works. 7. Action on Ordinances None. 8. Miscellaneous Business A. Request for a waiver from City Code Section 19 -7 (to allow a circular driveway on a lot with less than 100 feet frontage). Deputy Public Works Director Tim Gilboy summarized the request for waiver stating the Public Works Director recommended approval of the waiver. Motion: Approve request for waiver to City Code Section 19 -7. Moved by Fletcher, Seconded by Daugherty Mr. Gilboy showed several slides related to the driveway waiver at 2248 Barefoot Trace. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED B. Employee Health Insurance. City Manager Hanson reported RFPs were sent out to Aetna, AvMed, Blue Cross, PRIA, Cigna, Florida League of Cities, Humana, PRM Group Health and United Health Care and all companies declined to provide a bid. He stated all of the companies basically replied that, due to our current and projected medical claims, their premiums would be considerably higher than what we are paying to Cigna now. He stated Cigna has agreed to retain our current premiums through December 31, 2012. Discussion ensued. (This item was addressed again later in the meeting during Item 9A.) C. Acceptance of Donated Tax Parcel on Cavalla Road from City of Jacksonville. October 24, 2011 REGULAR COMMISSION MEETING Page 4 Tim Gilboy showed slides of the property in question and summarized the staff report, stating it is mainly used for parking for the townhouses. Motion: Authorize staff to execute documents necessary to accept subject parcel from the City of Jacksonville. Moved by Woods, Seconded by Fletcher. Mr. Gilboy answered questions from the Commission. He further explained, based on the parking requirements needed, staff did not believe this parcel could be developed for a single family residence as suggested by Mr. Tipton in the staff report. Mr. Hanson explained this is parking for these townhouses and he believes the parcel should have been included in the property with the townhouses to begin with. He stated the City has seen problems when the Commission has allowed parking attached to apartments or townhouses to be used for other purposes, i.e. 10 Street townhouses. He suggested they work with the people who own the adjoining townhouses and try to find a way to get it attached to that property so it would have to be there forever. Discussion ensued. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED D. Easement for building encroachment at Laura Plaza (469 Atlantic Blvd). City Attorney Alan Jensen summarized his staff report. He stated the request was made to assure, in the event the owners were to attempt to sell it or refinance it, that there would not be title insurance problems. He stated this building has been approximately one foot over the property line since it was built in 1983 and in order to clarify any title problems the owners have requested an easement from the City. He stated after reviewing the easement he made some changes to it as it is proposed, in that the easement would exist until the building was either demolished or destroyed, at which time any new building would have to be off the City's property. Motion: Approve attached easement to Laura Plaza, Inc. and authorize City Manager to execute same. Moved by Woods, Seconded by Fletcher. Discussion ensued and Mr. Jensen answered questions from the Commission. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED E. Responsibility for Maintenance of Atlantic Blvd. Medians. Mr. Hanson gave a follow -up report on the cost to maintain the Atlantic Blvd. medians, summarizing his staff report. October 24, 2011 REGULAR COMMISSION MEETING Page 5 F. Report on Maintenance for Town Center. Mr. Hanson summarized his staff report on past agreements for maintenance in the Town Center area as related to whether the Town Center Agency should be contributing to the maintenance. He stated in 2000 the Mayor and Commissioners unanimously approved the agreement which called for splitting the maintenance cost between Atlantic Beach and Neptune Beach for Town Center, which is what has been done for the past eleven years. Discussion ensued. G. Authorizing Use of Forfeiture Funds for Police Gym Memberships. Chief Mike Classey explained this is a request for forfeiture funds to be expended, as required by Florida Statutes, which governs all expenditures of those funds. He stated they cannot be used for normal operating expenses such as salaries. He stated for a number of years gym memberships have not been included in the budget and the only way to pay for them is through forfeiture funds. Motion: Approve up to $2000 from forfeiture funds for police officer gym memberships. Moved by Fletcher, Seconded by Woods. Chief Classey answered questions from the Commission. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Jim Hanson stated during Item 8B he neglected to ask the Commission to approve the extension of the contract through December 31, 2012 and was doing so now. Motion: Extend the current contract with Cigna through 12/31/12 and authorize City Manager to sign related contracts. Moved by Woods, Seconded by Fletcher. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 10. Reports and /or requests from City Commissioners and City Attorney A. Appointments to the Community Development Board. Commissioner Fletcher explained the recommendations of the Community Development Board were to reappoint Kirk Hansen and Patrick Stratton to serve an additional term on the Community Development Board. October 24, 2011 REGULAR COMMISSION MEETING Paize 6 Motion: Reappoint Kirk Hansen and Patrick Stratton to serve an additional term on the Community Development Board. Moved by Fletcher, Seconded by Woods. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Commissioner Fletcher further stated the Board also recommended appointing Jason Burgess as a new member to the Community Development Board for one term beginning January 1, 2012. Motion: Appoint Jason Burgess as a new member to the Community Development Board for one term beginning January 1, 2012. Moved by Fletcher, Seconded by Woods. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Mayor Borno thanked Commissioner Fletcher for his chairmanship of the Board Member Review Committee. B. Authorization to file suit to foreclose lien on property at 457 Sailfish Drive. City Attorney Alan Jensen stated this property has been a problem in the City for years. He stated Benjamin Brown has been in front of the Code Enforcement Board several times. He explained that in May 2011, Mr. Brown was fined $500 /day commencing on June 10, 2011 and the Board recommended if that fine became $15,000 or more that the City Commission approve filing suit to foreclose a lien on this property. He stated the amount of the fine currently is approximately $65,000 and he is requesting authorization to proceed with filing a foreclosure suit of the Code Enforcement lien. Motion: Authorize suit to foreclose the Code Enforcement Board Lien on the property at 457 Sailfish Drive. Moved by Fletcher, Seconded by Woods. Building Official Mike Griffin showed several slides of the subject property. Discussion ensued and Mr. Jensen and Mr. Griffin answered questions from the Commission. Jim Hanson pointed out that the reason this has gone on for so long is because if a property is homesteaded in Florida you cannot foreclose against it for this kind of lien. He stated Mr. Brown had the property homesteaded for many years and only in the last couple of years did he transfer the title to another person who recently transferred the property back to Mr. Brown, so presently he does not have the property homesteaded. He stated the City has a window of opportunity, until January 2012, to force Mr. Brown to do something before the property gets homesteaded again. He reiterated they have been trying for 15 years to get this cleaned up. October 24, 2011 REGULAR COMMISSION MEETING Paase 7 Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1— Daugherty MOTION CARRIED Commissioner Daugherty • Reported there will be a fundraiser on Saturday night at Boom Shaka Laka, 725 Atlantic Blvd., to benefit Habitat for Humanity's neighborhood revitalization program and invited everyone to attend. • Showed slides of people fishing at the Tideviews pier and of the floating platform that was not installed correctly to be used for kayaks to be pulled up on. Mr. Gilboy explained they are in contact with the contractor regarding this problem and have not given them the final payment until this is corrected. Commissioner Woods • Complimented Nancy Bailey on the agenda cover, stating it was very creative. Commissioner Parsons • Stated the Commission has never approved the Plaque for "In Search of Atlantis ". He read the proposed plaque and asked for the Commission's approval. He stated the plaque will be paid for by Atlantic Beach Public Arts Commission (ABPAC). It was the consensus of the Commission to approve this. Mayor Borno • Announced he will be at the Florida League of Cities Tax and Finance Committee meeting on Friday. There being no further discussion, the Mayor declared the meeting adjourned at 7:22 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk AGENDA ITEM # 3A NOVEMBER 14, 2011 November 7, 2011 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Ha ns City Managreport SUBJECT: Follow -up A couple of items were brought up in recent City Commission meetings for follow -up. One involves a request from citizens for the City to place recycling containers at beach access p oints. The City's Public Works Director has submitted a separate staff report to respond to this inquiry which is on the agenda for this meeting. A second issue that was recently brought up was a complaint from a business owner on Mayport Road that the storm water from an adjoining gas station property was draining onto his lot and creating problems. Rick Carper visited the site and found that both the gas station and the business owner who came to the commission meeting had permitted storm water systems through the Water Management District and that both the systems needed significant maintenance to function properly. He has discussed the issue with the business owner advising him of what changes were needed and has notified the owner of the adjacent gas station as to the maintenance needed in their retention pond. AGENDA ITEM # 4A NOVEMBER 14, 20I1 p O W O a M O ti N LL W W - -- - a a J t- J 0 O J Q z QN � O 0 ~ VV ++ pp M W Za'mQ ~� (( =Cj m ar W y C co Wa2 a z O 00000 o O 0 0 0 0 0 0 W ° o ° o ° o ° o ° o ° o ° o ° o a ° Q taw o N a� � W r W I t M d' ti m ; O CWi Co N � ti O t- r- N � O ~ N O CD ce co E0 000 N O z ED C1�1�� ti� M N N 40 4 Cl) r 0 � El> F- LU } O L I— o 0 O V Q CV Q L LI LL CO °o, J _ N a; O ui O .4 Oo 00 O N O 00 aA Z W O a) aA N 1h W Z 0 0 00 tAh d 'O/� Z � C4 W) C4 Cl) O I— V+ O O N N E 4 �- O A/ v- 00 O O O 0 00 OOO 00 0000 00000 O O I.L I.L } O WAWA 000 0 0 0 LA Cl) Q O M M C! M N 6 h O H O 16 O N t0 C Q = LL y N W V- O O d' O h O V 00 Iq C 0. a W)NM 100 V- 1 �<0�� N CC 0 N N � V V N C 40 40 40 40 EA Eli W Q V � a 40 ER !A El) V? El} E9 61).40 EA 40 a Z W N . N �y N O M Cl) N W W y J a W a LL W O O N O O Cl) N N 0 0 0 0 N M O d m 0° a � 0 Z z _ -- Z (n 0 O O O y ~ LL z� F' 0 W W O z ' p Z W j3 p Q < 9 LL Q Z J p Q JXJQ_JQ_U)JJJ O W Q VZ �� 0 W W LL }LL �_- X W a' LL 0.za' V a'!/)�ZZ_ ? _ �Q� Q W p W W W W W W F" QQ mz Ja - a. _j W W J O2W Jpp �W��U = =�LLpO��pQ� V t 9 a22x 0 3:55 22WWvv5Oz2?Wvz = O W Z p W O H z W W O O O W J W W J O - W W W V W W O IL �p�V0 c'nz�t�UC�aW22aW�p�aOamLL0W0. AGENDA ITEM 4 4A NOVEMBER 14,2011 City of Atlantic Beach, Fl. Utility Sales Report M M W, October 2010 October 2011 ws' Gallons Actual Revenue Gallons Actual Revenue Water Sal s jAccounts 0000 Revenue Per 1,000 gi lAccounts 0000 Revenue Per 1,000 gi $165,995 $3.67 Atlantic Beach M 5590 46,692 $169,987 $3.64 5,591 45,228 1 Buccaneer 2:475 20,919 $107,926 $5.16- 2,462 18,370 $89,495 $4.871 Total Water Sales 8,065 67,611 $277,914 $4.11j 8,053 63,598 $255,490 $4.02- Gallons r P ate a W 0000 Atlantic Beach 52,429 Buccaneer 20,321 19,849 72,278 Total Production 75,606 63,598 Total Water Billed 67,611 Water Loss for month: 7,995 8,680 Percentage Loss 10.57% 12.01% Total 12 mo. Avg. Loss 17.19% 16.17% Atlantic Beach 5,145 34,939 $255,585 $7,32 5,122 33,642 $239,040 $7.11 Buccaneer 2,372 21,272 $192,565 $9.05 2,349 19,933 $178,012 $8.93 Total Sewer Sales 7,517 56,211 $448,150 $7.97 N 7,471 53,575 $417,052 $7.78 Gallons Actual Revenue Gallons Actual Revenue Sewer Treatment 0000 Revenue Per 1,000 91 0000 Revenue Per 1,000 gi Atlantic Beach 48.603 $255,585 $5.26 42.263 $239,040 $5.66 Buccaneer 18.735 $192,565 $10.2 8 25.039 $178,012 $7.11 Total Sewer Treated 67.338 $448,150 $6.66 67.302 $417,052 $6.20 R PREPARED 11/07/11, 8 :25:36 LICENSE ACTIVITY REPORT BY BUSINESS NAME City of Atlantic Beach NEW LICENSES FOR YEAR: 2012 BETWEEN: 10 /01 /11 TO 10/31/11 PROGRAM OL122L DEPT: ALL DEPARTMENTS CLASS: ALL CLASSES ----------------------------------------------------------------------------------------------------- - - - - -- LIC # BUSINESS NAME ISSUED TYPE CLASSIFICATION BUSINESS ADDRESS BUS PHONE # ----------------------------------------------------------------------------------------------------------- 12- 00007461 ALTERRA AMERICAN INSURANCE COM 10/03/11 NEW INSURANCE COMPANY O 804 - 287 -6900 OUTSIDE CITY ATLANTIC BEACH FL'32233 12- 00007459 BANKERS LIFE & CASUALTY COMPAN 10/03/11 NEW INSURANCE COMPANY O 317 - 817 -6870 OUTSIDE CITY ATLANTIC BEACH FL 32233 12- 00007466 COCA -COLA REFRESHMENTS USA,INC 10/25/11 NEW VENDING MACHINE 298 SHERRY DR 813- 569 -2600 ATLANTIC BEACH FL 32233 12- 00007469 ELITE BUILDING CONTRACTORS,INC 10/25/11 NEW BUILDING CONTRACTOR 645 MAYPORT RD UNIT 6 904 - 247 -6551 ATLANTIC BEACH FL 32233 12- 00007467 FITNESS BY PATTY 10/25/11 NEW MISC. SERVICE ESTABLISHMENT, NOT LIS 654 SELVA LAKES CIR 904 - 699 -2262 ATLANTIC BEACH FL 32233 12- 00007460 THE UNITED STATES LIFE INS. CO 10/04/11 NEW INSURANCE COMPANY O 713 - 831 -3535 OUTSIDE CITY ATLANTIC BEACH FL 32233 GRAND TOTALS -------- - - - - -- NEW LICENSES ------- - - ---- AC: 6 PP: 0 IN: 0 V0: 0 PG: 0 BR: 0 OB: 0 UC: 0 ' LIC: 6 AGENDA ITEM # 4A NOVEMBER 14, 2011 AGENDA ITEM # 4A NOVEMBER 14, 2011 Cd Cd b U ^o � � bn y � i Z a O M a W ai � •� O � "d F� y� 0 O Z O p d O Ow O v cl N b U d o b . ; o -, `d 0 o II + ++ cd Cd N v W ,� o O. c p > o o p o rr U' O O S " p U p s." Z '� p F z o 0 0 o. U ono a O '� •y U V '� U L. 0 N Y C Q �a ri W v cd�M v UU P� P.P.° va U U U U Q �a O � cn cn a o H �H ° z bo to b� u o cd ° W U O O9 a W cd V U �� ✓ W W �U. N U .U. w ^ GQ a GQ �4 W p II II U d de II II d'd II it W I^ I^ W II II U a Q �U J5 U OU U Q U QUU U U H � O o0 0�o a b Cd Cd v Q P � •o � � I� � to I� ti � � '� �' � Q � � W bn P ( 4 0 4 w r i o -d u, o, it � w U o +; o Z c d z q °' Q UO t .o O� o o ° 'o � w t:3 II a4 II II a '" '>~ o. Z° U v� C7 F o Q II op AGENDA ITEM # 4A NOVEMBER 14, 2011 00 00 4 a� o w •? Cd a w bn z w � �Q ° b ►a U N bA 00 ° ' y eq rr O O ' O Q cyi .d v� v� U O cn .� ada vi U u w O O A w n H� o z b u U ,, go W p A II II p. z p O I^ I^ °'d I^ I^ H aI u u AUU H O o 7 d U w U O �a t A � U tb z 0 � Cd a n r +r .! - . -,• , {�F,. ;,6 { [ + }�f ; y, l� - ;:}�. lT•$r. i• T imp i .�, if' p 5. F M�fts" e', rl�• f' {` '1'' t- =7i�r'••fY� �•sl?L� Is ;;,:. � ,, �:,; ....l. �', �'1'r� � t �[ 44I yy y L r. I J t4 ti `+Fi :I I.?l�i R1�',f .'7 rY' �r #.'I� -,.,I :I�Y h•'11I 4•I!'.415�'. kr+F •':'TI� _ �� ii - i•�.r i �S� �:.7 i+ {y}�j �} =, is ._ l ,•:•.. •' 'SY. .��' - - 1 yY 1'.� r.: .Y ::•:•� .i Ar. S 1} :.+�i:.. . I it: t i 4r'7i �# "S i�'� .'(.]. .i ., a ti 5� >'r.(.':+r.•�•i9:.. I�,: �' y'i I: •I 1 ?, LI.' "'9�...k + .rr�. .i' }l;'• t1 ;# • t Y / t d 1 C itr �{, �k x h vi li y�' +,. _i1F.v +S .,� x ' tF��l,i G h y'.I. - _' 4,_. *, �`•!� - i: i.x �� l 1iYt J _ .15. ft' +la ' r. 'v } - -4, rte. y � L { r � , _ .. r . , r •��' `� t -�' '� '.I s. %� ;�f:- ��:3�_.r�; .Y. 'ry, tF• .'! * ,:r : - -` '� }ma y; .:{; ti . l � --}},��,,��,.�.s�''�': � ��'I if L' , `.1 ri *•i t:�Y, i�h:. Y "'I S�i. #Y f �. .' F- _,�•'.'c �r•'.Y.{ Fj'�'.h7�:' { +� > } i•�.- A'LiJ: - - ii L: � err �` " ' "` � 4 ;..' 'A .tl 1 •_rr �ti r 4 ,},': �.y9' S�;.�. '4 "r 77 • , S 7 11 I, yy �� I . ., d. .hl r�.'4 -r �iir. J�• tY ,}Jr A . -. .•. i1' ,. '• F. u- .r.._� }. '+�11yy�� - y ,.61� � -. r �� ' py h .r S , � •�� .'?�_ -mot s• -''°�,.: -. „�¢ �' -� .i4;E. �' .. h!1 �r� ,}Si �� .. 4 . -c: '.] �F!Y'�. f,.,T��F �:F�•,�r :'5��.l+ • L f C f ��' • J _� .. h, s!'4: {I.. •,I l,F t °•��1. r�h;, ��' { �1� {'i 5 j.l}F �� . ° . f �• , ., l e!• I ]I�Y 41 F,hl F.. .. i .;. 4 •' 4 F• r i .O v r f. + S ?� 7. E§ } i � �'yr■ ;.;r�•. J + :i -�:,}G i,: �- -" 1 r, ii± :�� `1 . .1 .' Ai N i 1 { jhJ`itiY�:t��E i�•a '�,.�r -,�" I ' . � -, .kG_�71]� ►,' �''. S ___ s As Mk. b WO ' r�y�17� • � s _ , t�l`Vtl��_�� b��: vY, 4� r E'''�� r A 'Y- l M'1 •��i' rl ., }_' + ":: ,11 G�17 + � - ..,Fix:{ �l i._: ,y r� F >'sr�� 'yrf,.i '. q�j„ � '�� k, Ty9,• � E • + :'I 'r,`�T�,r�7 •a!��r�.��pi fl'f`� M M 3 11{[ ! ;3 .'f::: .r,• ! • .s.t .ii� _ 1 f1 l: r T C� i :''. i,�Y.�� ,; ',; ► y �„�, +'•i"''��.15' ,..,R'- �,3;,� r•� ,i�r,; 't.lY }sli ��'�'�'!'ts1��'4 ; -�- P�jT tiyF. l t.M1� ' F+• - �}.srl' +h:. 1.4 �+ :{1.,� .y _ f A. n -�� 4 - Y T � ■ y ,f!`s r�.. f, .''. Y: i ., •• � - - !+ ' • yF i - t 4. _�� - i. _ �' �J_l �_��. -. `i_- ��#; ��- k h 1 e'!� L'+' - 'r"� - !r. +w � }�, ��(� #/Jy'M��'� ' �t, , , - I a ` l i , t ; - Y�:��.fxil..: � ._ -fir• J , .� .. +��fr � '. .�++qR+ :.1� �- i�i'.! •. r• �h h' t ��' .y, i * ,e`� ! .r.;,n: �:}S },� �'� v ! FS'�. r:. 4: �a :`.� :•le , -5; a 7!� - ]IiV�`x�- ;:Er'�`.ti:'. ,h r '! r •h ' WWWyya•••��1 �;� s 1 ,1'a. s 4 ;'f7.ti' �r! 7i ;..11r , x+ "P AK F , • F i f � + . '_° "err ',..�'+_ �.t-; - r �:it' i'�i {'� I.l:,�,: ''� 1 . ��*,' �+s• „• �r. (v,.e ,�� ,�•,`� ^�'V 4� r i , + ' - lit * � � ;��: '44.r i1�.9, •r -(:.'. :;TSc1�yA,. „R�: 7. - .. ,,_ r . , .. ..�::', R 7 �. ' •`IYY•i._ �' rl;,i.. � �,' �ar:7,': _�1'�, x�Fy�l:�his�4�E” }t:,rs�.-.l:.4rft ' "a I�ji y ^s'. } �'�r q +� ";,I` " 1 -d :tlij: �. rV, ,�,., 111, z.er �� • t; , ' _:f,.]J �.':��• ".�e.ii� �f' sfi�.1 �,{ r yh .t1� � '� 7•. -1_j .' r {j` y� :`F r �xir r �If r S:T'ed: 7'a�'� �_;!'r• .r �'��•�?� �r:1. �.. �'� .� +.'� F F} +t 'ry, ,r � �; + � �a., II + •.:raj t� ± : f ::r s' - �"�"f�e� P` w I AGENDA ITEM # 6A NOVEMBER 14, 2011 RESOLUTION NO. 11-27 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING A FAIR SHARE OF THE FLEET'S DISTRIBUTION OF ASSETS TO NAVAL STATION MAYPORT WHEREAS, Naval Station Mayport was established a naval base in December 1942 and has grown to become the second largest naval fleet concentration on the East Coast and the third largest in the United States; and WHEREAS, Naval Station Mayport's operational composition is unique, with a harbor capable of accommodating up to 34 ships; and WHEREAS, the Navy currently has 19 ships homeported at Naval Station Mayport with plans to decommission 11 of them between 2012 and 2015; and WHEREAS, the Navy has estimated that the decommissioning of the ships could potentially reduce the average workload by approximately 60 percent if no other work is allocated to Mayport and could result in the loss of millions of dollars worth of annual repair work; and WHEREAS, the number of ships scheduled to be decommissioned at Mayport through 2015 will have a major economic impact on small businesses, local schools, housing, retail industry and the specialized skilled marine workforce and infrastructure that has supported the Navy for decades at Naval Station Mayport; and WHEREAS, Congress recently passed legislation that authorized funding for the necessary upgrades at Naval Station Mayport that need to be completed prior to any future plans of homeporting a nuclear -power aircraft carrier to Mayport. However, the infrastructure changes and facility construction at Mayport are estimated to take five years to complete; and WHEREAS, the City of Atlantic Beach strongly supports any proposed measures by the Navy to help offset the decreased workload by homeporting a fair share of the current fleet's assets to Naval Station Mayport in FY 2012 in order to revive a Navy facility that has suffered from fleet downsizing. NOW THEREFORE BE IT RESOLVED, by the Mayor and Commission of the City of Atlantic Beach, that they strongly encourage the Navy to pursue alternatives that will sustain Naval Station Mayport's future as an operational base. PASSED AND ADOPTED this 14 day of November, 2011. MIKE BORNO Approved as to form and correctness: Mayor ALAN C. JENSEN, ESQUIRE City Attorney ATTEST: DONNA BARTLE, CMC City Clerk AGENDA ITEM # 8A NOVEMBER 14, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Town Center Agency Proposal for Holiday Decorations — 3 rd Year SUBMITTED BY: Rick Carper, P.E., Public Works Director DATE: October 20, 2011 BACKGROUND: In October 2009, the Commission approved the Town Center Agency (TCA) proposal for a multi -year upgrade of holiday decorations in the Town Center area. To meet the requirement that all work be done by the Cities or contractors working for the Cities, TCA has agreed to reimburse AB for the cost for purchase, set up and removal and storage of the new decorations. The TCA and Event Planner PRI Productions have submitted the third year plan for additional decorations. As briefed at the Budget workshop, they propose the third and final year of additions to the decorations, with a current year cost of $15,775. The proposal adds lights to more trees, more packages, with four new lifeguard chairs (all to be located in Neptune Beach) and holiday bulbs. The PRI proposal includes retrieving existing decorations from storage, providing new decorations, setup, including decorating the Town Center tree provided and installed by Atlantic Beach, testing, providing an Event crew to work the Tree Lighting Ceremony and removal and storage after the holidays. PRI will work under contract to AB, as agreed with NB, with cost to be reimbursed by the Town Center Agency. BUDGET: This proposal will be at no cost to the city, other than the minimal increase in electrical demand required to operate the additional decorations. The proposed new holiday decorations will be purchased and installed by PRI, under contract with AB, with reimbursement from the TCA. RECOMMENDATION: Authorize Staff to work with the TCA on holiday decoration options and the City Manager to approve decorations to be purchased for installation in the City Right of Way. ATTACHMENTS: 1. Draft PRI Proposal for Year Three Installation 2. 2009 Agreement for Benches, Banners and other Appurtenances REVIEWED BY CITY MANAGER: AGENDA ITEM # 8A NOVEMBER 14, 2011 PRI Productions To'Rick Carper 1819 Kings Avenue Jacksonville, FL 32207 City of Atlantic Beach 800 Seminole Rd Voice: (904) 398 -8176 Fax: (904) 398 -1569 Atlantic Beach, FL 32233 P R 1 0 Phone: (904) 545 -3125 Ext: S Fax: pitODV�� Email: rcarper @coab.us From: Robert Capers Attached: Job for Holiday Decor for the Beaches Town Center Status: Confirmed Order Job Start: NOV 25 11 Job Total: $ 15,775.00 Job End: JAN 3 12 Terms: In Advance Our Job #: 11116 -1 Pages: Total $ 15,775.00 Payment 1 $ 15,775.00 Due by Payment 2 $ 0.00 Due by Balance $ 0.00 Due by PAYMENT POLICY The above mentioned function with the services requested in this agreement has been quoted and agreed upon between PRI Productions and the above client. The charge of this program is as stated above Including any applicable sales tax. To confirm the arrangements in this agreement as binding please return the signed and dated contract with a deposit/payment as stated in the terms of this agreement. Make check payable to PRI Productions. Should the client make a request(s), either orally or in writing, that change the terms of this contract, such request(s) shall be itemized on a PRI Productions change order form and will require the Contact's signature. Any changes made within 72 hours of the event will incur a 15% surcharge which will be reflected on said change order. Payment in full is due upon receipt of change order. Any balance due amount is payable upon receipt and prior to event date. After event date, a 3.0% rate of interest will be applied to invoices every thirty (30) days until payment is made in full. CANCELLATION POLICY In the event that this agreement is canceled by Contact following confirmation, PRI Productions has determined an amount of 75% of the contract price as the cancellation fee. This amount reflects lost revenue suffered by the cancellation of this agreement and is due upon notice of cancellation. Should the event be canceled and deposits previously made exceed the cancellation fee, those excess monies will be returned to Contact within thirty (30) days of cancellation. Should the amount of the deposit equal the amount of the cancellation fee, then those monies will be considered as payment in full of the cancellation fee as listed in above paragraph. PRI Productions shall not be held liable for the non - performance of services requested as a result of Acts of God, war or terrorism. RIGHTS & DAMAGED PROPERTIES POLICY All decor supplied for any event is the property of PRI Productions and remains in PRI Productions' working inventory, as such. Any specialty item(s) created for any event is the property of PRI Productions and remains in PRI Productions' inventory. Clients requesting specialty props and decor do not hold any right to ownership of said pieces upon completion of event. Special items (eg., logos, slogans, signs) may be created but will be retained by PRI Productions and listed as PRI Productions' working inventory. During any event(s) listed above, should owned or rented properties of PRI Productions be damaged or ruined, it is the responsibility of the Contact listed above and the company represented to repair or to replace upon which time said items will be returned to PRI Productions' working inventory. PRI Productions will determine the cost of repair or replacement. AUTHORIZED SIGNING POLICY The undersigned agrees to all portions of this agreement and is authorized as a signer. If questions or concerns regarding this document should arise, before signing please contact PRI Productions at (904) 398 -8179 and speak to the undersigned. Date: Date: Page 1 AGENDA ITEM # 8A NOVEMBER 14, 2011 PRI Productions City of Atlantic Beach Signature: Signature: Name & Title: Name & Title: Page 2 AGENDA ITEM # 8A NOVEMBER 14, 2011 r PRI Productions 0 1819 Kin Avenue JOB CONTRACT 0 Jacksonville, FL p R , Ph: (904) 398 -8179 T207 PRODV ONS Fax: (904) 398 -1569 www.priproductions.com O' INVOICE TO: DELIVERY ADDRESS: Order Date: SEP 20 11 9:30AM Order Status: Confirmed Order City of Atlantic Beach Beaches Town Center Agency Sales Person 800 Seminole Rd 465 Beach Avenue Robert Capers Atlantic Beach, FL 32233 Atlantic Beach, FL 32233 ATTENTION: Rick Carper JOB SITE: Beaches Town Center Agency PO: CUSTOMER #: CITYATLANTIC PHONE: (904) 545 -3125 ROOM: TERMS: In Advance FAX: CONTACT: Lindley Tolbert EMAIL:rcarper @coab.us PHONE: (904) 234 -7140 ORDER DATE & TIME: Deliver DATE & TIME: Setup DATE & TIME: DELIVERY VIA: SEP 20 11 9:30AM NOV 25 11 10:OOAM Event Time DATE & TIME: Strike DATE & TIME: Return DATE & TIME: RETURN VIA: JAN 3 12 10:OOAM JOB DESCRIPTION: Holiday Decor for the Beaches Town Center EQUIPMENT QTY DESCRIPTION 4 Life Guard Chairs Chairs to be painted Orange,Pink Turquoise and Lime 4 Ornament Wreaths for Life Guard Chairs 5 Boxes to hold Christmas Blubs painted Black 40 Palm Trees in LED Lights in Amber, Blue Green, Purple and Pink (total trees 111) 1 Event staff for the lighting event 1 Holiday Decor Install and Remove Take everything out of storge and place in the area's Decorate the 25' Christmas Tree place the LED lights on to the Palm trees that Go down the street in the Town Center. Place the Giant Gift Boxes, Blubs and Giant Ornaments in the places . 1 Decor Replacement Lights and ornaments 1 Supplies for Lighting new Life Guard Chairs 1 Power Cords and Power strips for trees EQUIPMENT TOTAL: 15,675.00 DEL & PICK -UP: $100.00 Customer Signature GRAND TOTAL: $15,775.00 Customer Printed Name Date Initial 11116 -1 Updated on OCT 19 11 at 5:57PM Pagel of 1 1 i 1 {i�! �'+. ]*ir "r� ��'? S�.J I'�:- 'r•,'� , � I �t 4 rlJ +f! 1 Kl :_i� i 5 1 A �f .. �.,i j l`1: J' .I -�i #, - ' S,i 'J�;1 r - :'h 'y S u�.. �r'I�i'rlf ll .� r i1 �t�i`r'� r4 •fii '��h1 1r. I,EC. ••4. .! �tir'�y . • ~,�f �� , `` J,I*.• 4 _ k f!. 1 I.f�:: , r'I 1 �`' - I ,'� . {Tylk.k', 4. a.- r 1 �E *k.; n,'. s +:• y i��. }� i,; Y � '• =I +' �I�`�L`,�'��5�*� {r l � l ��It �,�!{• � �- r�,�3� 5 i•h ,: v* -,PI 'I L I :.6 5 r, kr. s. '~' �'� ,�- .'.r.i #, lr1k. #�s e`i. a'S •I' .�. Irk r diP IP ! f �,.�L�S SS S�yI�� f. �i,� +i;. ,� 'I' ti ,�11','k, - '9 ,�,`; 4, 14.` Z l'A'i �i� ! 1� ��:.i fir'. 1�} ��.�fSLi� 7 ' �1 . r� � • �2 T •. . ,� T _y� ,� _ Y 45x4, r - �.rr ,'a�_' •��. T , .� '' .y „ '' ` j "R'4 , i 3+3'►�o- ti� �,. , ' 1�'4 .``.'' lIRR � �, - + r 4+ }TT k •' I }� S_as 'R r�a i f ' � � 1'� 1 �l, ��i i Sk � ? Y. �� i ;�•, r [,,.:�.- �!+ 7 n A rir � #.i+.4F .'I;i -4k l, i r ��f�5t.� L ' • } � I � * .F�, I:. :; '- r'. rl{ „.S t'.i'�; >; 3 ti �., •,�� . :r Cr,,. a'�ri. `r. � ' I s`C'.4�"�Y L•IS :, c•['.,r "�5' r -tt'4 .}'I ,al:w ',l:'i ••�. 51 {.: F1_ it i �•'.r i'i�. 1 {fCJr � tw'I{ `� � ;. �.�1�' �� *i�Yi:1}'h •r �h:�1 #'n,, ,.f• 4 _ i ' � 1 .. 4 •� _: r' �:' {Il.r: L� GIf '� �� {�r .. C• f ' x "15. - - li,,.., � .} y. "[ i. ''�'- I�r.4 f' C. {. 1_:1 -.V!' 7r' r �. %: 1 } 1: 7: Xr7 1 1 1!', , •r 4fi L:`.�._11 .�F I:.. 1• Ci �• • '�i � J ; � ' 1 '.'I..Il E_ +{ N�'li .SYC11 '],a •� E _ °:Y { 'IIT_�`�yy i �F. , #a { {:� E' a,:.r r r . "[ r4" " ^: �C•i yk . ��^".! .7,- n�_a v � 7 �r :kq 4A,rt" i• r r St l / y• �� I + � '} i E'- 33 y�?�� . 'f l;��a1,:y�� . q��ry} , rk {'E11 C`�1VAL +J�' 1�7,a -'7'IL �' +�. � r, 4;}� � ",` f �a41 d . G l +ti;� fk� .'��4 -:0 3�I li �i:l�- _, �G�ni -. i �' �' vst .. �.._ <�:. 4- � ,Y, #'S :rSr r 1 �� -S ��r 1 ;:(� � :� .�i'...�{�r�4.� ±i •. {�.,,., w . �. Ir r,r:`, 1� r ��'; i .fir .I ` . I41 �t S`, Y��I�II�r}^, rr S 'U':1 ■ ''4 c %' .' i r� _` 4 'y � * ,r� ° ;#i '1 � .�k�ra.:;.c,- ��',. x �� kxlfl._ '�ks i4 •e„ '' '� . �'d ei ' i'�` '" 'i y� r;- ..., J'C r le r 5 i ::, y am', tkl E_ iiFt '� fkr._•r ' � I i �. j.'Ek is { : '�i • , i. ' '�I i'' 'ray's a i , •+t ; .:h �� .4.'.1 - .[i] :I 3. 7.}' I 7Y+ " Fc • �. 5- S9 - 5 .. �- ,, �.. '- ,7 tir ar :��3i ,.w, ` ti5l.., ';1. 4•,} . Itf w�L;;r' t �s' .c s ar �_ j y.,l; + I ` ..k..,.,, if�rt 'tii v •y• ..Y 1�.,a1 }• 9]Y -: d.+•. !FI ... J'i 'i;. i - I'. 4 4. � ;,'i'•r;- C'Px {.' -, w �: S t l +, I� `�•, �,�,.,5 } t+: il.' - 5 1.` • .5 v. E ,5'.: }.15• - - f: rV ' h i� �1 �yl i ;5: I1 - '� , y' }�•Ji5'� �� P ;il;lrl � .�_ �g o`'° k I I I I I I i I i� � � I i i + ' _• te �� f k i i Y � I �I I i I it I .�JIII� i 1! F I � I L � 111 w� aar - 9 �9 x l id a2 i I I i \ l \ Y \ 1` 3 _ F o a F \ z e 4 \ \ I AGENDA ITEM # 8C NOVEMBER 14, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Agreement with Chesser Island Road Landfill, Inc. for Disposal of Sludge SUBMITTED BY: Donna Kaluzniak, CEP, Utility Directo DATE: November 2, 2011 BACKGROUND: As reported previously to the City Commission, the City of Jacksonville may begin charging landfill tipping fees to the City of Atlantic Beach. Staff investigated to determine if any cost savings were possible by hauling our wastewater sludge to other nearby landfills. Chesser Island Road Landfill, Inc., a Waste Management Company in Folkston, Georgia has lower tipping fees for sludge disposal that will result in a cost savings, even with the additional transportation costs ($19.75 /ton vs. $41.00 /ton). Staff would like to have an Agreement with Chesser Island in the event Jacksonville begins charging tipping fees at Trail Ridge Landfill. The Agreement does not require us to dispose of our sludge at Chesser Island, but allow us to do so if needed. BUDGET: Estimated savings for disposal of sludge from the City's wastewater treatment plant would be approximately $63,000 /year if tipping fees are required by the City of Jacksonville. RECOMMENDATION: Approve the Agreement with Chesser Island Road Landfill, Inc. and authorize the City Manager to sign the Agreement.. ATTACHMENTS: 1. Chesser Island Road Landfill, Inc. Agreement AGE REVIEWED BY CITY MAN 1 I � !� �" i +,I�,�'��'�fl� .' �. �,i],7,�_�+,` !+ �,:- i•,•,br -_ �1_ �1. ti'r r. -Zr.', +, 14*4 ..4,1.E �''�' -�•'� - . ".~. ��' I • � w V`.� tirll _- - Y � _ N YY %Y.. �. ljYN;•;', r�.y�yr y, i • _ Y • �#a y 7rr !rR i Y rr �.. - ' '�' i —' ia.:• - : s�. "...r •.le. w . -+m+ r`f ♦!.,}� �^r� . n�_ *m -•rr� ,�F 4trr fkS +e� syJV }i' �/.fa •in r„ y +X..I. .4.'. �,4 -�.:r� � ice■ '`�s y+ •''• ,r' }pi _ - , — .` t ,Rrr . 16 1 ", n"A.A. s S' 7' •Y Q - '� k ., I,s �t'I W . �; r•I ��`1�iY �•{�I. ! ` ''.F, "•7n►Yktik�r*.�_�';?`• � 's?��71C - T yy�-v - S�; , + �`z � "F.':.#`"T!� i t k xf ? ;. �'� QiS+, �7�'�.' . ,� } r _�'• I t ' '4 7 . - r7• l I�4' t.,�a+'•'': �I r IIf rl 1 Ir F. Y it J SL ',�' !?'• r ab.n _ . _ L _ W`•t ' 'h `* T+c - •'T.. r'} ► ?.fI - 4 , 4 , .EI •,Jr7?' �" ; �� " ��' - e:" �" T' i ,S�G ��T � { �� ;'#'+!; �: I _ i.� "'�:'4 , ti ,r? � •' •#��' �'� _ '� `` �Y " �a-= �:nr,J li� r �+1. 4 �� L �1 '•Y'.,4n- Irl+ A L, . , 4 1' I' .I,' +_ 'I � l:. r'.. -+ i. - i �_ h _.'.• i � ,} r :i ' ,'j8 79 "r'LrtiVi r: -1 � * ti !. I,� +, iSf "�' S1•r`k ! +•ms.µ F• • _7�41•*'fy 'I. 'f t �:'IY i r -. -. T T k I • ' + r ' .� T�'T•.,e..' }•. :' r I. r'..1!'.� . -.. r4 i r r I _ I a► } io-L�,FI,• [ :I.- } I Ii- fl "lr :. � Is - �i � �I} �� r t I 1 � r �►L V'kl �,r�r ' r •'� C ` �.� _ + r .� �+ i_ ��[• i '#Y77`r #lr�il�` • SFr * +�7i1 , - I. - 4 k�, �i,J.ly� r. y� I 1 • ,L + �'',,J ,[ �i.�P t, I�.i�S" y! � ''•� i it y !I i , .* r.,:'ij l'T��, . -y'��' .[',rrrx{�. , # ", - 7° + +. ` +a • :j"�� ' + + *I - . - f:: V . ..�I 'YYY N-.a Ai L I;x SS, ;, ' .al;'SP pr� !r; � ?<r1RE• tr° , ' f . ++ i }S ;7 __}.r �'I •I } ,'� 4- , I� r a {I . . + EF` � i `.l - • �?► �� *rti I .G"�'fY�'�4� -� �J� -� _ r '. y : •. ' + ' �, �� " yf'r8 .4. L -i. -l.,l �•!• . 4 - n .�1 a 4 1 - •4^ �4 f yy { i - F` 7 Tr%r4 ',,. r 1I I 4 '� r• '.' l�� y�1T r • � •s ' ".5 i I'� 1�r - L + /J•Zr,' R%� I:_•i_7'I f l' Y� 4ik7��.;fr•• • r��ra>� ' �rr,: ,.�°, Alea"�ti ' n"t i.? ,rrf•.�wi+r'L++F�ir�"� �!l'! -, ��+ 'h� r,tii�Y['rJl,4,� „�,�r� ' +,t .. � �;}* #�1! ��7 ` Lr7!•; fi` K + - ';4C #' IS } "Ii' ' I i Y•F'r'1- Yin!'S "i )'r++ 4Y '. _•�' +- '.,, _ 1._ Fa { f .IY+ •r , 5i 1 -. 2 2, .�rj I � +•L rkafC•' ,? �w :-:.�-• " a I �{,r *, -rJ 1' ! 1 '._ "• ti - , !f i r' �I FI . }. 'I•'.. • ,1� � • `5� I Y'. it •'�.. �. •,� .L, M • I r s -?},�ki fl •'i�-� "' I!-*�., } T� -'� I r' IY*r' C1. -- •�'�I -. '� � ' L � ° 4w� [c.��-- ,�''' i ■ a 11�,1r '� �jr�� } f Ih• _ - l - �" l 1 K �'� •h'�k,. ,;•Ir! ?;. s "RYs'•'.��iPL .. s- '=7++'G" rih'• :ff..�2'!i'. L MI 4,d/'s'' , ;i!� _ ' �a }�+!' * (r '{�r4, y �: }-•.�: �- •J4 II� r �i;en•.; ,r'�r7!!"- '`3T ih ➢4 'f ��:RrE I� :f S A .ril�'e F'S F +1 ' .' ,r 3i Y ` �' ! - '1�4. p - y i7! : I � } L: , 4 - ��7F "i : �=if��.rn � �� .ti'!:•�''L , r : �• 4R •��j.' ?�`"�:� ' f RP.S' el�' } :.�Y.i d, �'T • .l' ,TY� ' J!I'l T �:' ~ �� yr ! - `'.�•- i ki'F.4'il>yl*'7�•: .� } .,, i 'F F, .:iL'.- . 4- IP'L' ,•L Ili .'I I� ti'. 14 5ry } j! Ir p4- •4, .'�+•{� '- }wi�. . ; +{ µ ,riY 1 5W C•�r�!� �:� -F .a11 7r'+rJs - ,rT" �'s`�R'"".'+di �. ��" >.•.•�t 34 y '11r'�'#�?` - '�?��l+i'"• # ' - {' �I� � t° �+ tr 7+•" ".fR'rK' ,.�f'�4� I y I . I I a4 � „'. •, � I � 7 .' 1 �� Y r y J,,{1 a[� r F ,, y„'I ffir/� 6 �1k} 1� 7 .Q- •I:' "�• '?ti' .:�' a 1 lJIG!!7S' . }Ciy , 5 + ""Ill._ L' ' 7 l 1'' "' ''il �iR,• 2 ' -:" �.a_ , �l�rd. °:.�x^F'A'fi' Yy :?`rv'� J '] r4 •'{ •�. 1 ? I.l= I - J ,�' II A•. s •' yr ��!" { k�• i'tl� A . �7 -. F' - • :I I h 1� _ . ¢ f + e' i'' - i;•Y �7• ,., .. , 'rt+ffr�`.•., '�T✓M' _ F i t �!•J�r v� .i `± t',o- .' f., r L� {i ��RyI i9� f. + � " r rI' l' 7. {Jt7 y , � rt` 1.'.• ".. - - + "+ - + ^•• f ,l ti '1' - '_ , 'r+k - ►' _ j, =Fr_ .`',:!•#Qi lS .Iri'S 'f' - • �fl: !'l Mfr �ilr'1a _'N,,:. -I,_ L , ,i _'.'1�.`,.�i _. '11•` _ i`i,.`. �It 2�ler -il " ".f;. .+i l �i � !a .I I •yr 5 J�. I• - JYa lY �. ra''• I':' �! I I I. i F ' }' r'_ i' �:`-� ,4i:` Y, :'fix• 1 �!'' 'hR'r#'t7; �-� I,� r„ ;, F I r q 'f F f r `,� ,�L'tr, 7 - a * .l'' 'Ir_ .11 �15�y Y 1 � 1 �� + f'. �' � i - I F -* '' + 1{ {•� �� I � R „ • � � ! - L � � � =• l :Is �'�,: �i+ti +��L�'ri 4�P - �'�� ' r[ }w_ _' " ' � • y° p .� ''41r i r■ �f {Y{4Yyh' t5 rrS k4t;L+,i4(5C } r 3- _i f •r •+ A.v r• +, �T ` k 14 "� (' L, . �'' •. f �'L - 5•�Iha 1 .• }�f, �, -J1 + {, .Il I`y}{ •,} .IA ' '7!71rr'�. '' I fl�� 'f` f ,ST" { i �e..l; I+ rT, T?i { '' r • nr e`. 1r'li!F.+.1. +•�:!' u b r:.., fK + .. ��} T�l� I •7• S I ��. ru �' I • y , y+ >�; ` y� .y � _ - y� r r .;. y5�. y L,.I ' + 'rl•1\��T I!!A}e 'IA �I;irli•'._'i #1 '+�•+ ,{� 31 ? .AdF fT . I. Y ."� f,',trfi' r I.L "v lk' f f +r - ' - • S - { ' ri: + 'y' T'' F=' 3f ' 'y,T�";•F.Y��I {:41 ,+•'��- .'.- '- ..•_:; f -1 _ a7 t T FtlFF�4� ,� r I i� iy',Z°!5.'•r•� h,'LSfrf+ hr '1 'R.7 •��7JU.._l.ifl,�.�.. "•1�+ , "}Yt� F. -, !_: L slr -':I a7l r :'Y "_i,i' _ _ 5•. A.: •fy� f 4 " '.I i ' r! Iy. '• + ,�' �iy,r -. `�~ r n .. `'} _ _ . •' � fS 7• l +l 5 1i - hY'r. a1.Y � .R'. "' l' Ty I.I: : � w! a.� a I Y - S ti • - I' r,■ r` r } i *T' - '':fir':+ ) I I � r'I Ff - : f • , ♦'. ' +r' _ . r., i. I il?.'7? -.. I' �, 4 'Sty, +, i + �! y f�- 44. �, r! ]� 4'• ; s} 4 1 � r' _� y . L . = rrr'� + " ..f- '• .;Y�" �4��'IKj.da i4' L y •Li . }lYtLY'.•' ,a 1.1,14, �'I: ,il f5, r• '' ; +•� :.fir �' ' �11. k I'r' I. f _,.� ,+r � . ''f J. ' r ';� ' � '. ,' .•i r _ ,. �� -; +” ,- � AGENDA ITEM # 8C NOVEMBER 14, 2011 as a result of or relating to Customer's tender or delivery of cruing from the date of the invoice at a rate of eighteen percent Nonconforming Waste or other failure to comply or conform to (18 %) per annum or, if less, the maximum rate allowed by law. this Agreement, including costs of inspection, testing and anal- g, INDEMNIFICATION. The Company agrees to indemnify, de- ysis. fend and save Customer harmless from and against any and 5. SPECIAL HANDLING; TITLE. If Company elects to handle, all liability (including reasonable attorneys fees) which Cus- rather than reject, Nonconforming Waste, Company shall have tomer may be responsible for or pay out as a result of bodily the right to manage the same in the manner deemed most ap- injuries (including death), property damage, or any violation or propriate by Company given the characteristics of the Noncon- alleged violation of law, to the extent caused by Company's forming Waste. Company may assess and Customer shall pay breach of this Agreement or by any negligent act, negligent additional fees associated with delivery of Nonconforming omission or willful misconduct of the Company or its em- Waste, including, but not limited to, special handling or dispos- ployees, which occurs (1) during the collection or transporta- al charges, and costs associated with different quantities of tion of Customer's Industrial Waste by Company, or (2) as a waste, different delivery dates, modifications in operations, result of the disposal of Customer's Industrial Waste, after the specialized equipment, and other operational, environmental, date of this Agreement, in a facility owned by a subsidiary or health, safety, or regulatory requirements. Title to and owner- affiliate of Waste Management, Inc., provided that the Compa- ship of acceptable Industrial Waste shall transfer to Company ny's indemnification obligations will not apply to occurrences upon its final acceptance of such waste. involving Nonconforming Waste. 6. COMPANY WARRANTIES. Company hereby represents Customer agrees to indemnify, defend and save the Company and warrants that: (a) Company will manage the Industrial harmless from and against any and all liability (including rea- Waste in a safe and workmanlike manner in full compliance sonable attorneys fees) which the Company may be responsi- with all valid and applicable federal, state and local laws, or- ble for or pay out as a result of bodily injuries (including death), dinances, orders, rules and regulations; and (b) it will use dis- property damage, or any violation or alleged violation of law to posal facilities that have been issued permits, licenses, certifi- the extent caused by Customer's breach of this Agreement or cates or approvals required by valid and applicable laws, or- by any negligent act, negligent omission or willful misconduct dinances and regulations necessary to allow the facility to ac- of the Customer or its employees, agents or contractors in the cept, treat and /or dispose of Industrial Waste. Except as pro- performance of this Agreement or Customer's use, operation vided herein, Company makes no other warranties and hereby or possession of any equipment furnished by the Company. disclaims any other warranty, whether implied or statutory. Neither party shall be liable to the other for consequential, in- 7. LIMITED LICENSE TO ENTER. When a Customer is trans- cidental or punitive damages arising out of the performance of porting Industrial Waste to a Company facility, Customer and this Agreement. its subcontractors shall have a limited license to enter a dis- 10. UNCONTROLLABLE CIRCUMSTANCES. Except for the posal facility for the sole purpose of off - loading Industrial obligation to make payments hereunder, neither party shall be Waste at an area designated, and in the manner directed, by in default for its failure to perform or delay in performance Company. Customer shall, and shall ensure that its subcon- caused by events beyond its reasonable control, including, but tractors, comply with all rules and regulations of the facility, as not limited to, strikes, riots, imposition of laws or governmental amended. Company may reject Industrial Waste, deny Cus- orders, fires, acts of God, and inability to obtain equipment, tomer or its subcontractors entry to its facility and /or terminate permit changes and regulations, restrictions (including land this Agreement in the event of Customer's or its subcontrac- use) therein, and the affected party shall be excused from per - tors' failure to follow such rules and regulations. formance during the occurrence of such events. 8. CHARGES AND PAYMENTS. Customer shall pay the rates 11. ASSIGNMENT. This Agreement shall be binding on and set forth on Exhibit A or a Confirmation Letter, which may be shall inure to the benefit of the parties and their respective modified as provided in this Agreement. The rates may be ad- successors and assigns. However, neither party may assign justed by Company to account for: any increase in or to recoup this Agreement without the prior written consent of the other all or any portion of, disposal, transportation, fuel or environ- party, which consent shall not be unreasonably withheld. mental fees or costs; any change in the composition of the In- 12. ENTIRE AGREEMENT. This Agreement represents the dustrial Waste; increased costs due to uncontrollable circums- entire understanding and agreement between the parties relat- tances, including, without limitation, changes in local, state or ing to the management of waste and supersedes any and all federal laws or regulations, imposition of taxes, fees or sur- prior agreements, whether written or oral, between the parties charges and acts of God such as floods, fires, etc. Company regarding the same; provided that, the terms of any national may also increase the charges to reflect increases in the Con- service agreement between the parties shall govern over any sumer Price Index for the municipal or regional area in which inconsistent terms herein. the Services are rendered; provided, however, that the total combined increase in charges shall not exceed four percent 13. TERMINATION; LIQUIDATED DAMAGES. Company may (4 %) in any given year. Increases in charges for reasons other immediately terminate this Agreement, (a) in the event of Cus- than as provided above require the consent of Customer which tomer's breach of any term or provision of this Agreement, in- may be evidenced in writing . All rate adjustments as provided cluding failure to pay on a timely basis or (b) if Customer be- above and in Paragraph 5 shall take effect upon notification comes insolvent, the subject of an order for relief in bankrupt - from Company to Customer. Customer shall pay the rates in cy, receivership, reorganization dissolution, or similar law, or full within 30 days of receipt of each invoice from Company. makes an assignment for the benefit of'its creditors or'if 'Gom- Customer shall pay a late fee on all past due amounts ac- pany deems itself insecure as to payment ( "Default'). Notice of termination shall be in writing and deemed given when deli - 0 Waste Management, Inc. (rev. 3/2009) Page 2 INDUSTRIAL WASTE & DISPOSAL AGREEMENT AGENDA ITEM # 8C NOVEMBER 14, 2011 vered in person or by certified mail, postage prepaid, return re- 14. MISCELLANEOUS. (a) The prevailing party will be entitled ceipt requested. In the event Customer terminates this Agree- to recover reasonable fees and court costs, including attor- ment prior to the expiration of any Initial or Renewal Term for neys' fees, in interpreting or enforcing this Agreement. In the any reason other than as provided herein, or in the event event Customer fails to pay Company all amounts due he- Company terminates this Agreement for Customer's Default, reunder, Company will be entitled to collect all reasonable col - liquidated damages in addition to the Company's legal fees lection costs or expenses, including reasonable attorneys fees, shall be paid and calculated as follows: 1) if the remaining Ini- court costs or handling fees for returned checks from Custom - tial Term under this Agreement is six or more months, Cus- er; (b) The validity, interpretation and performance of this tomer shall pay its most recent monthly charges multiplied by Agreement shall be construed in accordance with the laws of six; 2) if the remaining Initial Term under this Agreement is less the State of Florida; (c) If any provision of this Agreement is than six months, Customer shall pay its most recent monthly declared invalid or unenforceable, then such provision shall be charges multiplied by the number of months remaining in the deemed severable from and shall not affect the remainder of Term; 3) if the remaining Renewal Term under this Agreement this Agreement, which shall remain in full force and effect; (d) is three or more months, Customer shall pay its most recent Customer's payment obligation for Services and the Warran- monthly charges multiplied by three; or 4) if the remaining Re- ties and Indemnification made by each party shall survive ter - newal Term under this Agreement is less than three months, mination of this Agreement. Customer shall pay its most recent monthly charges multiplied Agreed & Accepted by the number of months remaining in the Renewal Term. COMPANY — Chesser Island Road Landfill, Inc. Customer acknowledges that the actual damage to Company in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and Signed: commensurate with the anticipated loss to Company resulting from such termination and is an agreed upon fee and is not CUSTOMER —City of Atlantic Beach, Florida imposed as a penalty. Collection of liquidated damages by Company shall be in addition to any rights or remedies availa- Signed: ble to Company under this Agreement or at common law. 0 Waste Management, Inc. (rev. 312009) Page 3 INDUSTRIAL WASTE & DISPOSAL AGREEMENT AGENDA ITEM # 8D NOVEMBER 14, 2011 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Easement for City of Jacksonville Drainage SUBMITTED BY: Donna Kaluzniak, CEP, Utility Direct DATE: October 26, 2011 BACKGROUND: The City of Jacksonville owns existing drainage infrastructure that encroaches upon a small area of the City's property at 739 Renault Drive where it meets Apollo Drive. City of Jacksonville staff requested an easement from the City in order to properly maintain the drainage system. The property is part of Wastewater Treatment Plant #2 and is adjacent to the roadway and a retention pond. Granting of the easement will not affect any plant operations, as the easement will be to maintain storm water drainage infrastructure that is already in place. The City Attorney has reviewed the documents and found them acceptable. BUDGET: No budget impact. RECOMMENDATION: Grant the easement to the City of Jacksonville for maintenance of existing drainage and authorize the City Manager to sign the easement documents. ATTACHMENTS: 1. Dedication of Easement 2. Exhibit A — Map and Legal Description of Easement REVIEWED BY CITY MANAGE 1 AGENDA ITEM # 8D NOVEMBER 14, 2011 Prepared by: Michael Williams City of Jacksonville Return to: Real Estate Division, DPW Ed Ball Building, 10 Floor 214 North Hogan Street Jacksonville, FL 32202 Project: Apollo Drainage / 2011 -262 Parcel / RE #: 800 / RE # 168893 -0520 DEDICATION OF EASEMENT (Drainage / Donation) THIS INDENTURE, made this day of 2011, between CITY OF ATLANTIC BEACH, a Florida municipal corporation, whose mailing address is 800 Seminole Road, Atlantic Beach, Florida 32233, hereinafter referred to as the "GRANTOR ", and the CITY OF JACKSONVILLE, a Florida municipal corporation, hereinafter referred to as "GRANTEE ", whose business address is 117 West Duval Street, Jacksonville, Florida, 32202. WITNESSETH: That Grantor, for and in consideration of the "acceptance" of this Dedication of Easement by the Grantee, does hereby grant, dedicate and convey to the Grantee, its successors and assigns forever, an unobstructed easement with the right, privilege, and authority to said Grantee, its successors and assigns, to maintain and/or repair drainage along, over, under, through, or across the property described in Exhibit "A" attached hereto. TOGETHER with the right of said Grantee, its successors and assigns, of ingress and egress to and over said above described premises, and for doing anything necessary or useful or convenient to maintain the drainage piping within it's existing alignment, or removing at any time any and all of said improvements upon, over or in said lands, together also with the right and easements, privileges, and appurtenances in and to said land which may be required for the enjoyment of the rights herein granted.. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed in Our GRANTOR: Presence as Witnesses: CITY OF ATLANTIC BEACH (Sign) (Print) JIM HANSON / CITY MANAGER CITY OF ATLANTIC BEACH (Sign) (Print) * F A > l -� — �� — _�--�� —�� - - _ __ - -1- ry.�r� -T�'� �r � .r i�'w� r• , � �TJ �� ;,yf; 4L ego �' i, _•la r�-+�' -..t�, V� �i �!R'fVr• - *._`. �a_i; iy 'r'�'� �i� :1 ,:.` •�.�'' �J� „� 'i'FS � - vii i , r� + �' ��tti ��G4 -�,i }t 1 �� III }...'- • � - '�'�' t+.�aa ±.5 '� ! .�� ..{ I �:y -.�,�. � :J�:' -• y�71�F � • �:I� M1; �; - r•_ _' �1a { Y x -: L ' 'tom � . � . ,� ' "- :�i • "= "�`� -� � �;'rk; -._.,;.�- �_ � • fl 1:. • �.•s' _ .a'r- 4a,-� -,.rT �.} � i " •4 i I I r- Sy-'�f • -'+t„ ',! -� If � Y ')' _ � F`T]i -5`yl � `� , 1 , rt�•' � r.� ` 447 ��' �.1R �l� ` ..��.'i'`J,� - _, • f IT jL y r �..+ . {'.r�� t "i l•Y /�" �.,�� ' _ :'sr��r'y�i' W �" i�„ �� ` / '1 �' ' S #� 5. l .i' I t'd `�` �'7�-• .i • 1 ■ l f � 1 ..!• rr '' ' • Y w y� }• .-��! _ v'ti ��f'i!ITSTJ�. ,. `_',_. �1,� * y �J• .N• � .,' S1 T� ! + ,t - - 'I. ' 11, 0. �-�'"-+ � I ul v T S 5 L . !� '�•---. ,. - -.� r i ,.1 ::4 'L F'I j -: a r. y ,� y - ,f }- `'3 -.r. - -•mow �._. 4 y � -1 <_ .� _ ..ti- - � e=.�. - i+R r .-.y; . �,! ,r.J. '� _ V•` ��,._ ��rtV r f � ' 4� y s.sr�a4�_��~ _ - - q+■ 1 � i ��. �:' r ...� �a� + R - r_ +: yt- _�.`� .� {�.5: ::•a,�'�,:�3�- _ :-: ra;` .k._ \..3 - - , - - - p o-. ' � Mw* , ��' am -_ __ .. -_ •._ ..Y 'r - _F�s a 1_: yt till�a�4�_�Zti.�'�i7�q�7: ��rli'a + -_ - x � ' {.r r :S�r- [' � trr � '�1• i ' ' �,: '4�„�� Ls n;�2ti'r .t{ Y"t. K -. k- 5 - 11.: ,yo- 7 y,..., 1': . - `�F' 4 * d ' � �. �!.. t� Y .{ t3 S� T• i J-- ...-a. 7 ;. Er..._�.,..: -' ;l�S` 1�' r"�'r," } I Y - �f. 1 !�� ._- - �_ � ,..1 ' ' ' F ._i, _ Y �, _ SY.7 I � _ .�•J � f . �.f: ��r.Yat ' '� �� ' w ,Vr. ; ww!.�� r�,.l��'i�' + ?;.�a��i+ -t�. � d l� . ... _ +'��y _�'.t�! ��'� #'�+<� ", 1 �� w - __ � ' _ is .: ,,, . "I, � ��•. h - r.,�:,' ,� 'i- " v. p' T' �fik'' _ .�i. {" . ,�fi. r +' A } : t � = = r c • .,�� _ ', �L ,,�. �t G;�rr �k;' ` 1'� • } r.' �� '? Z�:�= '�.';f �, ' '• �. -wry: ��xi- ' ' I yn � �� }�.. �. r �'�.,A, t ' - 1� :a 3�_x f�-�u .S. 'r I - �• � '..i: •. I . l � . r .:,' {i'.".�P•.. �r, '''.:�- . ;. ` ^_ �� _' i: :'�': {{ R. rY`k•N JL'r.i j ,�,.. t `f. T.II_, .'Sµ _n�•'.`:'yy liY'�i -�S ` + "'f y� Y - ., 1 n ' I - - r S +JJLy., _ _ d� ,� : '. 4 � t +� L + r • w - � :. i 1 . f+ f ' +F'r at . + y am - . S ', y � • . Sf i . ..r� S� i' 1 _�Jt J -{ 'F _. r J'+ �. " .'' 7 7'11• h •�_ q' "Y I,.I !1JyS-'u i �} i n 'I- a � -`.- rf '1 ti y i �. e �. t'1- - s� '" F �,!- w' _ w r�.r4 ^� �i'f+`• {��{ak�'a��r �:+r<,t.. - r�. ' � ^F {I #'J a'��r �,��'- 'r.�; �V -:. -- ..!.ICS ;JL'+w= r��"�,'4't n.,yi k. .�} -. y,:Y fr'ti f r' _ ;r + y 5 y r_• _ - •1'f., , ft _ - I ,, J• � .'1 f: - 4. ` { 1 4Mk s y 1 - n s + .. a: N'' . {.. :,ly, . ".'tee. s _ • ry'� ± • _ �-i3F �14� { T1 • . ,i :C�s - Y - -t - } r ys v ... . -0 `! - -• F�. r • ti }' 4�: 4- '. W'M. s ' ; x. I r{i� 1, i`} , i` r� ..: .v'Ys� �', � �Y - ` - r+• ,� 4i T*.' r"' - s ■ at!` �- ��'� i _ k r It:� . P s� :nC :' ..•7 ,a .i a ar'� ,• ea•'�.� �a, C 1 7 1 r i ' i {� J + • r'' fit •; +II' ''��! { _ ,, - `''. - '_ ��, }}c r 1 �._ '1 .�1„ -- .�;t r+:. •�• ♦- ...�: ,'r?'�- •14 �5dc• -+ .i ti{r�a�!T, fcihl I ly y�.* a; Ltr.'.;2ir1 .a ': f - �'��J': 'K' .J 1 I 1L 1 - hC:ti„ ,+.� Fta Lt- .rGl +r .i{•. -4 _ .4 -�- ' a4. -' ''`�, - -_C' _ _ �ii,1 ■ 1 � # _ t . Y� � , �S- �TM i .� 'N f� r., P�.. •" - Y �� r - k ,r .. Fes'" { 1 y ��,.e .:'r��`.� * 4r�' rYa �. t �'k' - xf . � I iy F ' � Id } +y �y/ ~ I ,f< i— R •�. i' sxf r' t `h"K f+ }� -r. r'��tiy J -# } F • { 4 ' '; + { , j. ' _.S` . {.3. 3 -' m , ;r � u� 3 i r4.. -. k�'i 4 J '1'e iC. ll�i - i i, l n• A _ r T '� y'r F -.'.. ' .' �� ti/�� t +aft i� .�� ■i iYi [ # r `•. I 1 #� IH ±. tip. 'aa �.. #��z .'} ', eT' '.'l.! L - If_�. Lf• T. 14 it t 1 ' `r. . Imo'; � lr ^ - 4.Jr: kl r '�': , ��.; r'',.7r'r ;`-- t-- f -: -:e• ar. ': M1 �.9�: : ��`..s ��`' ' 'k'•: ;E+' i . ,X _ ' �•' '�: _�" �":. • �� _• I • r�:**i��'� - �_ I . 11 L 0. II 4 ��'4'X5_ � ` �.` w' „�j • ..._�,•: }. -ga -..' ".:. 'f�r}Yi ti�.;�.�,�4 4 i 1 �.[ �•ti � r4 74 t 1 sy �7�(�y, Il i 4 14 r 'l :.r �ti.-.�h��v �6�•,4��i;��.1 ..�l.� ,�i. , n_ � f - .ri•F.' -*I� _ y..14 4.,�', .'L . . . ary : �''i ., I!.,�,��r. -} �ui Ll + y ��.._ , '��+�'•, °, "� �' •� :: , --� l•r i "+ ��'•-'• •-� , �-: T''ti ' 3 -srf 3 Co•' `+ `' +'t'• r f - -'F' i '�.�. _ .�!: . -,' Il • _ . - ,'t` Qr - - ,++�' +ArT+ryy � r +�+r, h — r . T 'R`_',. ,R. � fya:. }tiro •. "CC.ti"' x�.�.� T ' y }� � _ 7' _.... _ - _ — — _ ' s� _• i I�: - � r,► , �i� � ' '-� ' ' .2 - - .. ... . ........ i. Vic. .. �.F - .S rl tis., •� I �' I ■ _ '. S� - .1 - '. ' �' r JI 7 R k YI _ •l; r ,f �. �?ai. - ++`- � - .. "f.: . t. r� i'fiRe�. �� ,.:� I r e•.�-Itr.��,�'�.4L 4ir �}' •-- ,� � . �� F ' I rc' -, - I �" '� � ”' _ -• �� - -- * -- '_' �� },;f.`. ".y� la's '�_ -r -siX 4 •� !- ' yy��y,r�.,'^ .'..'; ;�..., -�.�' ....trr,. -.�� ...t J. _ - . au �� r � LilfW1i' + L "-- _ a � • � • i.F� �� rr r.. 1 oi 7 �. -, i � rrr: �. dT -1 � t 7 ,�i h- r f {� S• ._ ..�� •'�� Ito ■ ti- � a 1 n • 1 5p ti r 1 � .' �d; . #` ' 5�• `' .�V I FF• !+ � 5✓• s' •- r. ', :. K. n 1- .y d'.'w I�I �i - r „� �' { ,' s �r ��,J r I -.a Sl._1 , r • Y�r �' ' � • ',. y'�'- r },•�- I il� ' },� r { -'I S* R m y of . � frj'F. Y r•'�I � ,1 +' •l.f. I:::: {' + It I• V + r or i 7pa, j "' �� 1 i V ti '�X f } Y` e r w WY ' i�l liv� ok dMW *'} i y��`y + +' ' jii r i J f• +17* 1 �- . - :r i { Ji.rR �L 5 ; ` ' +. YI 1i al 4 ' _ 4 .l�K[ 9 rk:l ' f� -•,}k ,i,`'Lv L , ~• �.: I ' f 5 � . `' - �� :.Y' � � i _ y r'�� rspp J : �� I a• ,� ; , � I+r_� �s `.��'j - # :l.�.. ri. w '�i,' '.s' R S" � �S, 5 4,�;`r. ; 1' � 1 �} dR • i. ;; y �' ; � r' .� =1 ;�•`' ,:a, ;�`t'vr'4 �5.:;c;�,' i,... ..x n�� °.r :•, rkr m ;.;. � .dl �r a t �41 I bl: A f•1r r y, e�'[ �•';r- J r i i 3 }1 } a P !, ICJ `'_•� I ' -F + vj. . -1 ;[-' �4 r oi�' tnF•cl.�r- I � hf'I ..I ;x r• ; �'. t .x34 -� � ,,� •• � �� +1'�,t • � i �• AMR r S . r v .1 k ?yam aw L �'• 4 a tt :� _ ti }'q I� +� ,� - .`t 'r � 1� a•,..� •_ �•y 'ffT �, � :`� s. 1 � r,f , 1 �F.�,y„�S n` � ■ ■ ■ r 1: ,y �` r. f:. r + 4::�'' ' ti fro � Ili 1s /17 +�'e ��+'Y � ■ . � ": Iri4 m,4i41 'M�' ':4; :s [' � � - .a a� ; Y��` ° f�r�" I �It � •�� 1 ' - 7 �5'i,L a�a�.�:j s n,�� :.l�' la v� Yti�_ 't: :�5� i1 � y l y I n� :a' ` L fl 'Jti.. i' I t . 1' r 3'.. __ '�j - "i xl a -' ;S a•or '�', + I. � -_ *�r ;: � �� ,.,'.� G•�5_ r� I�,� r'�f�. c rrvI j. � t; ' �I r I a�= j;,�a�� ., �r�. - , ; - . I..e KT ' JrYF rr � �{ L y • ri I .' I. I+ j ,J . .1c �Yr: �I }Y f .� I ��. [ 5 . 7 +� J �J r' - S( a , l�l • k a ..L s.8; rL'{ I R : 4 i 7• ' � I• �: ��.� p..�� _ iT y - � � s� + + " 7 �� - �q'y }� 4 ��y .�n },,�,�,+y� �.��+��,',� p+,'�, � �'ke � i s ,� ' y, ' � :. a 4' r r i l' - LS i ti �rti ,rx i•'+�l` +'�r :� 7 r V #Z^i- - ,•. -Y 7 t• as ,a; w � ;�.I•l,�- Ff I� � ti• 'I 1 ��},� f.-�r, !I �� - Jc��._� .5 I ''' r= ° t = ' = �� '�*_• ' ;vf. "','T� ` � - � f -' _ a�i'ZZ� t �`1;�•. r 5j J n' L f';e � .1f •54r. L, J �, •j, - Y r:' L. r. J•. iJ �. vK r - 5�+ v f.. 1!�11� � - -'1_ 16 fL' ..�.L '�yf�y�� r�•s a �`:�i al ., f- ��,c� i. i�.,..,• a ":}� { ma y - ` , 1 ' j 'Ri' f . !7FJ',I'•.•i�ti .Si'�' IS. _ r>� x�,• ` ; f { _� '` � . �� 't,-'! �' .., �• - �'�I'� . I.Si- '�.'�'�.,.�. riy,i�..�r- /+�!'t,, •- y�, ,f+ W �l {S�i�� •+ +! ■' � r 01'Ai� #.RJN w•, -4�� .Y7r6_+--{Y }i 4r i V' I A - IrL -- + }. yy5. '' - j' �'�` i�' �_ E�" �' �' F '1 F •1 � i� � *•1 - : - . a� � k�ilif�ir { �'�i�7�i4r�iY xi. � Rx, � _ ��, ,4.�} ' N �• x��4 `'•F., �{�' ;_I t .. I. r S' 4 .. .4 Iq •�. A_a r i.�+ =1p�r= '�.' • i { '-i + i� 1 i a••T - e(` - -: j i+ � ^ a.l' yv . J . ' rt • '. •E! 'F- p•.� '• < -_ rrte... �.�Sr T {[� • p�.F.i L k7i. -`�• it � 1 y r'l�:, §, ..�, - -.; �{�!.. +,'`1+F 4y ;l; 1�'ry! - ti er { I r /�I�. - . Ff . L ��'/! ti!:��" �y �'11.7•�Y/..+,'F �rChpl7` ✓7Fi �}� • � S T��r �.i ��y� �"'llr.7.�+1�i �� N 4 ��.� I �1 J '}a ' :a'' .e� e�7•a o-• - p... :S rJ en a �„ i 'a ; _ � e �h' 1. i },:. �f r: Y•W _ �'�'y l %'. �4' 1, IF "4i`..J''1 - ` -� r a �� 4 C L i y P �I 1 I� ryr �I 1 I I t II �: , I r� � I I I 1� '„ - •�_ - �,..r stair _rte �,<:- ■y�..� �•, _.� : ...•..� ,�:�:- :.e:r, ::.t: ' i I I II 'a 5� I � 4 y ow z: I. l I ' 1 1' 4� �jl 4 AGENDA ITEM # 8G NOVEMBER 14, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Justice Assistance Grant DATE: November 3, 2011 SUBMITTED BY: Michael D. Classey, Chief of Police BACKGROUND: Justice Assistance Grants (JAG) are grants that have been established by the Federal Government and administered by the State of Florida. The Atlantic Beach Police Department has received the approval for $3,822 in grant funding to purchase law enforcement equipment. This grant does not require any matching funds from the City. The Police Department has identified two pieces of equipment that staff would like to purchase with these funds. The first is a covert camera system to record undercover operations for the Crime Suppression Unit. The total cost of this equipment is $8,225, $6,000 of which is being paid for by Program Generated Income (PGI) forfeiture funds, if approved by the Commission. This would leave $1,597 in grant funds available. Tideview Park has had a recording camera system for several years. The DVR recording device and the Uninterruptable Power Supply (UPS) are in need of a replacement and the total cost is $1,597. There is no General Fund money available to purchase /replace any of this equipment. The next step of the process for this grant is for the Police Department to apply for the funding on -line and to submit hard copies of the application with original signatures. For this process, the City needs to authorize the Mayor to sign the related paperwork. The City also needs to authorize Chief Classey to submit the application on -line and have the authorization to electronically sign the on -line application on behalf of the Mayor. The deadline for the on line application is November 23, 2011 and the hard copy submission is due by December 2, 2011. BUDGET: This action will provide $3,822 in grant funding to be added to the 2011- 2012 budget to purchase the DVR for Tideview and a portion of the CSU covert camera system. RECOMMENDATIONS: To authorize the Mayor to sign the related paperwork for the application and the subsequent paperwork related to the JAG grant. In addition, to authorize Michael D. Classey to submit the application on line and have the authorization to electronically sign the on -line application on behalf of the Mayor and the City. ATTACHMENTS: None REVIEWED BY CITY MANAGER: AGENDA ITEM # 8H NOVEMBER 14, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Forfeiture Funds DATE: November 3, 2011 SUBMITTED BY: Michael D. Classey, Chief of Police BACKGROUND: Forfeiture funds are money or other valuables seized by the Police Department, generally from drug cases. Florida State Statute (FSS) 932.7055 (5) (a) and (b) governs the requirements for expending those funds and requires approval from the governing body. Specifically, it states that the proceeds may not be used to meet normal operating expenses of the agency. A few of the permissible uses would be training, memberships and providing additional equipment. Under the terms of our Justice Assistance Grant for the Crime Suppression Unit (CSU), Program Generated Income (PGI) is money seized during a CSU investigation. PGI is a specific type of forfeiture funds. That money has to be put back into the CSU program and has to be approved by the Florida Department of Law Enforcement (FDLE). There is currently $6,000 of PGI which must be expended. Staff has identified equipment to purchase with the PGI funds that will enhance the effectiveness of CSU. The equipment is a covert camera system with Infrared technology that will be used to record nighttime undercover operations for evidentiary reasons. The total cost of this equipment is $8,225 and has been approved by FDLE. The remaining $2,225 will be paid for using JAG grant funds, if approved by the Commission. The forfeiture statute requires a request to expend the funds be made to the governing body of the municipality. It also requires a written certification that the request complies with the provisions of the statute. I do certify that these requests comply with the provisions of FSS 932.7055 (5) (b). BUDGET: $6,000 from the forfeiture account and $2,225 from a JAG grant RECOMMENDATIONS: Staff recommends the approval to expend $6,000 of forfeiture funds for equipment purchases as described above. ATTACHMENTS: FSS 932.7055 REVIEWED BY CITY MANAGER: Statutes & Constitution :View Statutes: Online Sunshine AGENDA ITEM # 8H NOVEMBER 14, 201I Select Year: 2011 Go The toll Florida Statutes Title XLViI Chapter 932 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL Chapter CORRECTIONS PROCEDURE LAW 932.7055 Disposition of liens and forfeited property. — (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder, except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage, trade, or transfer the property to any public or nonprofit organization. (2) Notwithstanding subsection (1), a seizing agency must destroy any image and the medium on which the image is recorded, including, but not limited to, a photograph, video tape, diskette, compact disc, or fixed disk made in violation of s. 810_145 when the image and the medium on which it is recorded is no longer needed for an official purpose. The agency may not sell or retain any image. (3) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703 (b), the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (4) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. '(d) Notwithstanding any other provision of this subsection, and for the 2011 -2012 fiscal year only, the funds in a special law enforcement trust fund established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust fund before October 1, 2001. This paragraph expires July 1, 2012. (5)(a) If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal http: / /www.leg.state.fl.us /statutes /index.cfin ?App mode = Display _Statute&Search_String... 10/14/2011 Statutes & Constitution :View Statutes: Online Sunshine AGENDA ITEM # 8H NOVEMBER 14, 2011 grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of police to the governing body of the municipality, accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency, that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years. An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. 2. Such funds shalt not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. After July 1, 1992, and during every fiscal year thereafter, any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. Notwithstanding the drug abuse education, drug treatment, drug prevention, crime prevention, safe neighborhood, or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program (s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein. (6) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365 as applicable. (b) The Department of Environmental Protection, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Internal Improvement Trust Fund. (c) The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. http: / /www.leg.state.fl.us /statutes /index.efin?App mode= Display_Statute&Search String... 10/14/2011 Statutes & Constitution :View Statutes: Online Sunshine AGENDA ITEM # 8H NOVEMBER 14, 2011 (d) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a) or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705 (1)(b), as applicable. (e) The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 379.338 379.339 and 379.3395 or into the Marine Resources Conservation Trust Fund as provided in s. 379.337 (f) A state attorney's office acting within its judicial circuit, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (g) A school board security agency employing law enforcement officers, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (h) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's special law enforcement trust fund. (i) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Agricultural Law Enforcement Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205 as applicable. (j) The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175 as applicable. (k) The Department of Transportation, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Transportation Trust Fund to be used for purposes of drug interdiction or into the department's Federal Law Enforcement Trust Fund as provided in s. 339.082 as applicable. (1) The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other related cases by the Medicaid Fraud Control Unit. (m) The Division of State Fire Marshal in the Department of Financial Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson suppression, arson investigation, and the funding of anti -arson rewards. (n) The Division of Insurance Fraud of the Department of Financial Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the insurance Regulatory Trust Fund as provided in s. 626.9893 or into the Department of Financial Services' Federal Law Enforcement Trust Fund as provided in s. 17.43 as applicable. http: / /www.leg. state .fl.us /statutes /index.cf n ?App_ node= Display_Statute &Search String... 10/14/2011 Statutes & Constitution :View Statutes: Online Sunshine AGENDA ITEM # 811 NOVEMBER 14, 2011 (7) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (8) Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property requiring a title, the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture, the appropriate state agency shall issue a title certificate for such property to said law enforcement agency. (9) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History. -s. 5, ch, 92.54; s. 2, ch. 92 -290; s. 21, ch. 94 -265; s. 479, ch. 94.356; s. 5, ch. 95.265; s. 72, ch. 96 -321; s. 41, ch. 96 -418; s. 2, ch. 98 -387; s. 3, ch. 98.389; s. 4, ch. 98 -390; s. 5, ch. 98.391; s. 2, ch. 98.392; s. 2, ch. 98.393; s. 2, ch. 98.394; s. 61, ch. 99 -245; s. 2, ch. 2000 -147; ss. 26, 79, ch. 2002.402; s. 1923, ch. 2003 -261; s. 37, ch. 2003 -399; s. 3, ch. 2004.39; s. 38, ch. 2004.134; s. 16, ch. 2004 -344; s. 23, ch. 2005 -3; s. 19, ch, 2005 -71; s. 2, ch. 2005 -109; s. 5, ch, 2005 -117; s. 11, ch. 2006 -26; s. 20, ch. 2006 -176; s. 21, ch. 2006 -305; s. 7, ch. 2007 -14; s. 10, ch. 2007 -73; s. 10, ch. 2008 -153; s. 207, ch. 2008- 247; s. 7, ch. 1009 -82; s. 8, ch. 2010 -153; s. 18, ch. 2011 -47. 'Note.- Section 18, ch. 2011 -47, amended paragraph (4)(d) "[i]n order to implement Specific Appropriations 1192 and 1198 of the 2011.2012 General Appropriations Act." Copyright ® 1995 -2011 The Florida Legislature - Privacy Statement - Contact Us i http: / /www.leg.state.fl.us/ statutes /index.cfm? App ^ mode= Display &Seareh Stfing... 10/14/2011 AGENDA ITEM # 9A NOVEMBER 14, 2011 November 7, 11 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanson City anager SUBJECT: City Mana er's Report Alcohol Deployment The Police Department's Crime Suppression Unit conducted an alcohol deployment on Friday, October 28 They checked 26 locations to see if underage informants could purchase alcohol and four of those (15 %) sold to the underage person. In accordance with a recently established agreement, state DBAT officials will formally notify the companies holding the alcoholic beverage licenses and will conduct follow -up checks at each. The locations where sales were made and their history of previous violations follows; 1) Mimi's Sports Bar and Grill; 1021 Atlantic Boulevard; no prior violations 2) Benito's Italian Restaurant; 725 Atlantic Boulevard; no prior violations 3) Boom Shaka Laka's Food Shack; 725 Atlantic Boulevard; first violation; just recently opened 4) Safari Food Store; 1197 Mayport Road; prior violations in April 2011 and August 2007 Notice of Suit: The City has received notice of a suit in accordance with Florida Statutes concerning an accident that occurred on October 13, 2011 when a bicyclist ran into a truck driven by an Atlantic Beach employee at the intersection of Assisi Lane and Mayport Rd. The City has insurance for this type of claim and it will be turned over to our insurance company for handling. A copy of the notice is attached. AGENDA ITEM # 9A NOVEMBER 14, 2011 FARAH F 10 WEST ADAMS STREET JACKSONVILLE, FLORIDA 32202 PROTECTING YOU AND YOUR FAMILY SINCE 1979 P904,396.5555 F 904.358.2424 forahandfarah.com NOTICE PURSUANT TO FLA.STAT. §768.28(6) & JACKSONVILLE MUNCIPAL ATTORNEYS ORDINANCE CODE § §112.201- 112.206 Eddie E. Farah Charlie E. Farah November 4, 2011 Kevin A. Brown Mark E. Calvin VIA U.S. CERTIFIED MAIL RETURN RECEIPT REQUESTED David G. Candelaria Florida Department of Financial Services 200 East Gaines Street Kevin M. Elwell Tallahassee, FL 32399 -0300 Licensed in GA, NC & SC Mary Jarrett, Esquire Bruce S. Feifer City of Jacksonville, Office of General Counsel Licensed in TN 117 West Duval Street, Suite 480 Brian M. Flaherty Jacksonville, FL 32202 Wesley T. Ford The Honorable Alvin Brown, Mayor City of Jacksonville Joseph A. Franco Jr. City Hall at St. James 117 W. Duval Street, 4 th Floor Jeffrey L. Gadd Jacksonville, FL 32202 N. Joel Harris The Honorable James Hanson, City Manager City of Atlantic Beach Card C. Hunt 800 Seminole Road Atlantic Beach, FL 32233 Laurence C. Huttman RE: Our Client: Jennifer Simoes. Lee Leslie Scott Jean -Bart Claimant: Jennifer Simoes. Lee Licensed in GA Agency: City of Atlantic Beach Lloyd S. Manukian Date of Loss: October 13, 2011 Our File Number: 2011 J02913 Leslie B. Ng Dear Sirs /Madams: Erik Rosskopf Licensed in GA Pursuant to Florida Statute §768.28(6) and Jacksonville Municipal Ordinance Code § §112.201- 112.206, notice is hereby given of our client's intent to pursue a Randall Rutledge claim for monetary damages resulting from the negligence of the City of Atlantic Beach on October 13, 2011. Richard A. Staggard Licensed in NJ In regard to the requirements set forth by Florida Statute §768.28(6) and Jacksonville Municipal Ordinance Code § §112.201- 112.206, the claimant(s) hereby Jenna Strom gives notice to the following state, agency, or subdivision mentioned above the OF COUNSEL following information: City of Atlantic Beach Bruce A. Gartner, P.A. ' MEMEL Tims f Y s . W I RL MdAmM tw% M+ M* FL n � �! .. ' z.. _: 1 0 .... MEN a pool. dwL "deft .._.. . -m Ambi L m a S im 011PPKPOOO Do rppmp d W It ad' or am Wok Eli u PWWWL 1 to R. ... .w AGENDA ITEM # 9A NOVEMBER 14, 2011 Sincerely, Joseph A. WF r. Fara h and cc: Jennifer S. Lee UI , •`r'f •�� L r '. f'!^" 01 r5" 7� F {fr �� ` J�'. ' :f : I n ''�� + �S�k r =. �''�; 'X r : 1 �. { 1uuh }}i. � � !� �! ' � 16; �'1 .. ::_I � �• y}}�• y, '' may �. •' `�� r.,f .Yyl:] ;'S '� }' . :�� '' } `�! �' .�" y � �q � ' - � ` 't' •`s y7'� � r i�M1•, - :� {�. I . ��} � r + � ��F 1'�� ^ �{, {y �• ��1 �JI + E AN I q 11 ■ • FI� 5 ' + } ^ � `'�;�u�. - .1 'fit �.i •i i t }:aa; -;.i k'ff•`�' +'� "��` '�. ,1 �� - � ! + tii 5+• -., i' -tea. •�� -� - � ~r i � .��.r:wtir4:' .w 1, �d�.ti_. .4 .` - :'� , }... +S', I - .f's� r.��:�. { �;II� 'j' i, + : .4 11` J +'c h 'E I # M II �• � �y', , ,�;'��r�rX , �� r. 1! ,�'' -.- ' � �F5 . J. ►.; L'�S�!��'� ��.�v . �. a R.R,i, + L '! f, �I:' b,;-f. w•. r.�+4 �:• J. .I, If�f1 :sy , � + 1• ,�' r��i sr �.�. - ��ti : #o 2�y;! ��. r lr i v r�i �3i� .a }'4 ,1 :�' �4i 3 L ' t I. ;,r 'r,..:: •t :JM• �Slv;:r+p 1[�,'• l�� . 45 t• "r� � w k4 • 44' X51 - ;,� �: p'r' ` r - I. - � r . 4 .:fi "9�:...� aP � ui- 1'r.,. F'r; �1rt ' a � hum uJ� 4 I1r lif'. Ill - -hr -I• i" R,�. t' • .�� J I: I}, .�, � :rY :r; '-,' `.`. 5 X,' r _ ,h ,.•Ill. + N' llk _I,l y��:�r, Of of 55; i•I•J -:r`:I f: F,. !'r ,i � 11'.'S :J. i',, r. ; 'r,. ,�, -[•. '11._ I.z• a.:' 'i r�i•r2' 'ii ,:' ,�_;:•1 V x + , +rFT I• �s,� :, _ar .� °'_ VC lGr J+JeI� �' r .�.,.,.;,, 5 : {�u� .7' P ,ag;r I- i *I• +�L`, I�'k � id , ;aG F�'i�l `r.`.0 l'' :'Sr'r !V. .. ,.r., -i � : ":7 :�if` f'1.a.:. �',i ':15 ' i, 'a � �y �.I �r�S�l i� ^'i - u • ., j ' , w l y : .`' �#',.Li '{ , ' r %'Si• ., r l: _ IISt� '��rll {.`• ■ T r }. = ,A 14' Y'r�.• ,�'! �s aJ'0., G k;' A �: I .'r 4''�Ir, . "t'. !I•� - ii r �_, ..., 'i5: �w r 1 /:i:Y �t,S r.�. , ..,,y rxs F�; � � !`!: I: r: I ?- 'i�kr�u � }' �� —: f l;" r s.�, r•� ,�s c9 a� _ - s��.i,:', `. .'�I::;�: , " ':1 "is.,'�, ��. ; �� ,-,. I' -r� Ld 7 I : , } � i� I •; � � R r�J '.Li I ' r � '.'� i_. 'ry : x.. + - - .1 1 .: • .� [c ,_ � ' —Ii 1 s � AGENDA ITEM # 12A NOVEMBER 14, 2011 ORDINANCE NO. 20 -11 -112 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 at the department level for transfers within the General Fund, 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 has up to sixty days following the end of the fiscal year to adjust the budget to remain in budgetary compliance, and WHEREAS, it has been the City's standard procedure to accumulate small budgetary items until such time to make a multi - purpose adjustment, rather than to do numerous single item budget adjustments. This adjust will fund the excess legal fees resulting from paying insurance deductibles on three suits against the City including the Estates of Atlantic Beach suit and two police related matters. This adjustment also addresses the insufficient funds in the pension plans for extra actuary work, investment fees and additional retiree benefit payments including DROP payouts that were under budgeted. 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 be amended as follows: GENERAL FUND Expenses: City Attorney Professional Services $22,000 General Government Repair and Maintenance <10,000> Police Department Patrol Salary and Benefits <12,000> Total Expenses: $ Fund Balance: $0 AGENDA ITEM # 12A NOVEMBER 14, 2011 GENERAL EMPLOYEE PENSION TRUST FUND Expenses: Administrative Expenses $44,500 Retirement Benefits 101,000 Total Expenses: $145,500 Fund Balance: $ <145,500> POLICE EMPLOYEE PENSION TRUST FUND Expenses: Administrative Expenses $16,000 Retirement Benefits 31,000 Total Expenses: 47,000 Fund Balance: $ <47,000> 2. This ordinance shall take effect immediately upon its adoption. Passed by the City Commission on first reading this day of November, 2011. Passed by the City Commission on second and final reading this day of November, 2011. Mike Borno Mayor / Presiding Officer Approved as to form and correctness: ATTEST: Alan C. Jensen, Esquire Donna L. Bartle, CMC City Attorney City Clerk AGENDA ITEM # 13A NOVEMBER 14, 2011 November 3, 2011 RE: Scheduling Town Hall Meetings —January 2012 Dear Mayor and Fellow Commissioners: This is a brief explanation of my desire to schedule town hall meetings in January 2012. My reason is two -fold: 1. I believe this will assist all of us when we begin the strategic planning workshops tentatively scheduled to begin in Feb /March timeframe. Particularly given us new commissioners, I am hopeful that getting citizen input regarding their community and the needs they express will help us in formulating our goals and objectives during the strategic planning process. 2. The overarching benefit from holding these town hall meetings will also hopefully serve as a starting point from which to begin the community master planning process that I plan to introduce at the Nov. 28 commission meeting. I will speak to that in more detail at that commission meeting and will provide additional information prior to that meeting as well. If the town hall meetings prove to be successful, I would like to hold them possibly quarterly, but that can be further discussed after these initial meetings. The dates planned are the four Saturdays in January from 10:00 a.m. —12:00 p.m. I would hope that all of us attend all the meetings. They will be held in the community centers at Donner, Jordan, Adele and the Chamber. This gives ample opportunities for citizens to attend. Thank you for your attention to this matter. I hope this background information has been helpful. Sincerely, Maria AGENDA ITEM # 13B NOVEMBER 14, 2011 November 4, 2011 To: The City Clerk of Atlantic Beach Florida — Ms. Donna Bartle From: Commissioner- Elect - Mark E. Beckenbach Subject: Proposed Police Building Dear Ms. Bartle, Please place this on the Agenda of the November 14, 2011 Commission meeting for consideration by the New Commission. My recommendations are as follows: 1. A motion to direct the city manager and staff of the City of Atlantic Beach, Florida to cease and desist on all activities related to the planning, financing, development and construction of the proposed new police building. 2. A motion for the commission to create a temporary committee (to be known as the Police Building Task Force), of five (5) citizens and one (1) staff member, charged with the task of reviewing the legitimate needs of the City of Atlantic Beach Police Department that will require an expansion of the physical facilities used by the City of Atlantic Beach Police Department and for the said committee to recommend options that highly consider the reasonable renovation of the present Police Building. This committee is charged to report their findings to the Commission within a 6 -month period. 3. A motion for the commission to approve the following citizens as voting members of the committee and the following staff as a non - voting member of the Police Building Task Force: Chairman — Mayor Lyman Fletcher Committee Member — Ms. Alicia Paley Committee Member — Mr. Steven Taylor Committee Member — Col. William R. Whittington Committee Member — Mr. Don Ford Staff Committee Member — City of Atlantic Beach Police - Chief Michael Classey A short resume of all recommended citizens for a committee position are attached or will be forthcoming. Best Regards — Mark E. Beckenbach Commissioner- Elect AGENDA ITEM # 13B NOVEMBER 14, 2011 Lyman T. Fletcher Lyman T. Fletcher served on the Atlantic Beach City Commission from 1991 -1993 and then served as Mayor of Atlantic Beach, FL, from 1993 -1997. Community Leadership Positions: Chairman and board member of Town Center Agency, 1991 Chairman of the Water and Sewer Committee, 1991 Chairman of the Commission Appointed Storm water Review Committee, Chairman of the Atlantic Beach Redistricting Committee. He was appointed by Mayor Wolfson to establish a marsh preservation effort that resulted in the current Marsh Preservation Society for which he served as first Chairman. While Mayor, he initiated the Teen Counsel of Atlantic Beach and served as its advisor for 2 years Lyman T. Fletcher is Board Certified in Marital and Family Law, a Fellow with the American Academy of Matrimonial Lawyers, and a Certified Family Law Mediator. He began his law practice in Jacksonville, Florida, in 1970, and, since 1974, has specialized his practice in Family Law, including interstate child custody, grandparents' visitation rights, paternity, and domestic relations. He has lectured, conducted seminars, and authored articles on all aspects of marital and Family Law throughout his career. AGENDA ITEM # 13B NOVEMBER 14, 2011 Admissions: Florida Bar #121966, 12/19/1969; US District Court, Florida Middle District, February 1970; US Supreme Court, June 1975; US I Ith Circuit Court of Appeals, 1981. Certifications: Florida Bar Marital & Family Law Board Certified since April 1986 Florida Supreme Court Certified Family Law Mediator for over 10 years since 1995 Florida Super Lawyer since 2007 Associations: Florida Bar Association Member, Family Law section Jacksonville Bar Association Jacksonville Beach Bar Association The Florida Family Law American Inns of Court Master of the Bench American Academy of Matrimonial Lawyers Fellow since 1983. Personal: Lyman T. Fletcher was born in 1941 in Tallahassee, Florida. He is married with two children. Education: Florida State University, B.A. 1964, J.D. 1969 (Charter Class) Military: 1st Lt., Intelligence Branch, US Army, 1964 -1966. AGENDA ITEM # 13B NOVEMBER 14, 2011 Alicia Paley "1330 Ocean Blvd. Atlantic Beach, FL 32233 904 -853 -6156 I4 904- 477 -0 "1970 aliciapaley@gmail.com PROFILE I am a highly creative person that thrives in a busy; demanding environment, with excellent communication and problem solving skills. EXPERIENCE Volunteer Positions in Community 2006- present Catechism Instructor, St. John's Catholic Church, September 2011 present Assistant Bro-v nie Leader, Blessed 'Trinity Troop # 544 November 2010- present. Civics and Logic Cooperative Instructor, June 2009 - present Atlantic Beach Art and Recreation Committee, 2006 -2008 St. Raphael Elementary School, New Orleans, LA October 1998 / June 1999 First Grade Teacher, all subjects After School Program Director, Noel United Methodist Church 1997 -1998 Planned and Implemented after school aetiNrities, drove the van, chauffeured twelve children from school, graded completed home - Nvork assignments, planned and implemented a healthy snack menu, substituted for Childcare Director when neeessai -� Lorainne V. Hansberry Elementary; New Orleans, LA October 1996/ June Kindergarten Teacher; all subjects Volunteers of America, Shreveport, LA N'Iay 1993 - January "1996 Assistant Program Director for Respite, Camp Director for Respite, Camp counselor for Respite: worked Nvith EDBD children and teenagers EDUCATION Centenary College of Louisiana, B.S. Elemeutar -r Education 1996, minors in Dance and Christian Education Cerrtenavv School of Church Careers, Endorsement 1996 AGENDA ITEM # 13B NOVEMBER 14, 2011 STEVEN J. TAYLOR 810 PARADISE LANE ATLANTIC BEACH, FLORIDA 32233 (904) 206 -0370 PROFESSIONAL OBJECTIVE To provide comprehensive inspection services to my clients by utilizing my experience in building code administration, inspections, and customer service. EXPERIENCE Taylor Inspection Services, Inc. Business Owner November 2002 - Present Professional Property inspection firm providing inspection services for clients City of Fernandina Beach, FL; Community Development Department Building Official: December 2000 - June 2002 Responsible for all issues related to enforcement and compliance with existing federal, state and local building codes. Includes occupational licensing oversight, conducting plan reviews, building inspections, code review and updates, attending compliance board hearings and direct supervision of field inspectors. Specific achievements included: • Standardized permitting process to minimize turn - around time for commercial projects to 30 days or less and residential permits to 2 weeks or less. • Reorganized department filing system to alphanumeric system to increase efficiency of record management. • Created and instituted a permit application tracking system to expedite status requests from applicants which enabled staff to operate more efficiently. Building Inspector: May 2000 - December 2000 Duties included field inspections of commercial and residential properties for compliance with plumbing, mechanical, electrical and building structural codes. Also conducted plan reviews on commercial and residential properties to ensure compliance with existing federal, state and local building codes City of Salisbury, MD: Building, Housing and Zoning Department Building /Housing Inspector: May 1996 - May 2000 Responsible for complete inspection process on new construction projects ranging from single family dwellings to multi- tenanted commercial centers Housing Inspector: October 1994 - May 2000 Responsible for the inspection of existing residential properties throughout city to ensure compliance with all city housing codes Taylor Inspection Services Business Owner, April 1996- May 2000 Successful home inspection business providing inspection services for clients Professional Builders, Inc., Salisbury, Maryland Business Owner/Designer/General Contractor: 1994 - May 2000 Custom residential design /builder of single family homes AGENDA ITEM # I3B NOVEMBER 14, 20I1 EDUCATION AND CERTIFICATIONS Delaware Technical College; A.A.S. degree, Architectural Engineering Design Technology; 1991 Certified Building Inspector for CABO 1 & 2 Family Dwelling Code Certified Building Inspector for BOCA Building Code Certified Building Inspector for [CC Building Code Certified Residential Inspector for ICC Building Code Certified Disaster Housing Inspector for FEMA Certificate in Real Estate Principles and Practices, Wor -Wic Community College, Salisbury, Md. Certified Home Inspector Certified Member of American Society of Home Inspectors Certified Member of National Association of Certified Home Inspectors Current Vice President — Florida Chapter of American Society of Home Inspectors (ASHI) Member of Building Officials Association of Florida Member of International Code Council AGENDA ITEM # 13B NOVEMBER 14, 2011 William R. "Rut" WHITTINGTON EXECUTIVE PROFILE -------------------------------------------------------------------------------------------------------------------------------------- Results driven professional with extensive command leadership experience in law enforcement and military professions. Served 27 years at the Louisiana State Police and 7 years as United States Marshal, Western District of Louisiana. Provided consulting expertise to the Department of Defense concerning public safety, force protection, homeland security and international police issues. Served 37 years in the United States Marine Corps, active and reserve, last serving as Chief of Staff of the 4 1 Marine Division. LAW ENFORCEMENT EXPERIENCE --------------------------------------------------------------------------------------------------------------------------------------- 2002 -2009 United States Marshals Service United States Marshal, Western District of Louisiana - Commanded a unit of approximately 70 people comprised of Deputy US Marshals, Court Security Officers, and administrative personnel; covering six offices with three state borders and a United States District Court that included Courthouses in Alexandria, Lafayette, Monroe Lake Charles and Shreveport. - Responsible for protecting the federal judiciary and the courts, enforcing court orders, transporting federal prisoners, protecting endangered federal witnesses, managing assets seized by the courts and fugitive apprehension. 1974 -2000 Louisiana State Police Colonel. Superintendent of State Police, Deputy Secretary La Dept. of Public Safety Services - Commanded Public Safety agency of almost 3,000 people and a $265M annual budget consisting of State Police, Office of Motor Vehicles, Fire Marshal, Highway Safety Commission, and the Liquefied Petroleum Gas Commission. - Restructured and reorganized the State Police based on ethical leadership and principled core values into a professional police organization with clear mission objectives to become one of the top state police organizations in the nation. State Police responsibilities encompassed patrol operations, criminal and narcotics investigations, gaming enforcement, motor carrier safety, crime laboratory, aviation, SWAT, and support of local and federal law enforcement agencies. - Instituted strict merit -based hiring and promotional system plus a bottoms up restructured pay plan focused on education and continuous learning. - Implemented a strategic, long range planning program and an integrated doctrine of organized planning for daily operations. Whittington Page 1 of 3 AGENDA ITEM # 13B NOVEMBER 14, 2011 - Established a "C44' capability for crisis response and support for local and federal law enforcement agencies. - Reinstituted community oriented policing via the "parish trooper" concept and the public information officers focused on public assistance. - Consolidated investigative functions under to form the Bureau of Investigation of over 200 to target organized criminal activities such as narcotics, illegal gambling, other vices, and terrorist threats. - Originated senior executive leadership and management training programs and certificate based academic initiatives during tenure. Ethics training, wellness and fitness, and employee assistance programs were established. - Established nationwide presence and support for the State Police with federal law enforcement agencies, national and international programs. Commander, Region III - Coordinated complex initiative in multi- agency investigations. - Supervised the operations of three Troops bordering on three states and encompassing 42 of Louisiana's 64 parishes (counties). - Maintained liaison and coordination with local and federal law enforcement agencies. Commander, Troop E (Alexandria) - Commanded a State Police Troop covering the largest sector in the state and bordering both Texas and Mississippi. - Responsible for patrol operations and traffic enforcement. - Maintained liaison and provided support to local and federal agencies in the Troop area. Commander, Commandant of the Training Academy - Conducted basic training programs and in- service training programs. - Initiated the Antiterrorism Training Assistance Program (ATAP) for international police executives and teamed with the U. S. Dept. of State, LSU and Grambling Univ. - Pioneering work on a problem- based, scenario driven basic training curriculum and foundational work for a statewide senior police executive leader program. South District Narcotics Supervisor, Criminal Investigation Bureau. - Countered smuggling operations from South American and Mexico. - Coordinated on joint investigations with DEA and other agencies. - Helped staff and coordinate the National Narcotics Border Interdiction System (NNBIS) 8 th US Coast Guard District sector. EDUCATION and TRAINING ------------------------------------------------------------------------------------------------------------------------------------------ - B. A., Louisiana College, 1968 Whittington Page 2 of 3 AGENDA ITEM # 13B NOVEMBER 14, 2011 - Masters of Education, Louisiana State University, 1972 - FBI National Academy, 115 Session - Special Agent Basic School, US Internal Revenue Service - FBI National Executive Institute, XX Session - US Army War College, Corresponding Studies Program (1990 -1992) - Chairman, Gulf States Counterdrug Initiative - Vice Chairman, Gulf States High Intensity Trafficking Drug Area (HIDTA) - US Customs "Blue Lightning" Steering Committee Member - First Vice Chairman, State and Provincial Police Division, IACP. - Chairman, Regional Counterdrug Training Academy (La, Ms, Al located at NAS Meridian) - Louisiana College Board of Trustees MILITARY SERVICE -------------------------------------------------------------------------------------------------------------------------------------- - Enlisted Marine, Non - Commissioned Officer -The Basic School, Class 2 -69, Honor Graduate 1968 - Infantry Officer with secondary specialties of Intelligence and Military Police - 9 1h Marine Regiment, 3d Marine Division, Viet Nam - Other units included 1 St and 3d Reconnaissance Battalions, the School of Infantry East - Command and staff positions in the 4 th Marine Division and 4 th Marine Aircraft Wing until retirement in 1997. Last billet was Chief of Staff, 4 th Marine Division. Awards - Legion of Merit - Bronze Star with Combat "V" - Meritorious Service Medal - Combat Action Ribbon - Marine Corps Good Conduct Medal CONTACT INFORMATION --------------------------------------------------------------------------------------------------------------------------------------- William R. "Rut" Whittington 1861 Beachside Court Atlantic Beach, FL 32233 Phone: (904) 242 -0170 Email: RUTUSMC @juno.com Whittington Page 3 of 3 +T_. _. •. II ■ 1. r a , t -- 3 = -- •.'ti ti .. r te : ,. ', -.r' r - y±�:►•'r r: - +: • • v . !_ i • ►. :'``-�.r. - 'r�4�� ' : �'7+..c�1, • � 1 I -}]+ • '�Y 'IJ '. 7 .`d l�ls: "i 4' �.5 - 3'.:I'l-j' i, ,lf Ig a _�• 1. i - : • 5 . f F �•4 � p ;� a''� 1 r �'�la'_ - - 'x w'r �.1 ;' 'T',;.i •'.�� •+ }r rqr yr r.r' r�•a� - � }: - �, P 1 ,a TW �F �'r,{ `tr.ILL — {tl. s � YU I•!'' : I'F'.1 'Ir ii �r4 ;!•,M� !S �:i:: �+l .'Gfi•: hi'� � 5�:: :I � "i�.l� LY r �:� y I ` -� J i '� n � �•., F�L arY� y� i 4�E ti 1 '�, � �' +.'4'.a Y•{ K,r a I. 1 . r � Xr''�2 •e. - a 1 `5s .4 i ,1. -,ii' 1 - � � S r ,! , e , , - �.�� Ir�f 1. ,� -e -• ,• � =� ,.•�f�eti��s � ?I J'f � 1 i ,, I��'i �.. -_ _ f�.l - _.i 41r, ;•.+��` -��" ,.,� �+r'.'i l i i�F r'- F-.• d'R'� -0.3'i �' �I r �� =• {I Iil�:`1 '''i. 'C ' t i • 4� , �� • i'9 I'jI..F :f' 'F:��:, MJ'll. . _�,',. �- • :. ter, ., � _ J 1' r.: }:.1D,;.�, }� . ^�,P.•,rr 1 �= t k, 3 - r �lnyryl�i_r��:rr�r�":. -_. ` ! - �...' S� 'il � Y II 1: �•.- t � I� � {�;� �. r� hp, old , - 7 a7.� � - � I �� • y � + � � s " .J.. � , •` s .' tr{`_ I" .f. ;E ;f �li _'� C .1' � }} :.� �R�' I. _ ��: R.• ; ..i I'1•• ^f! • � - Y U T ; "• � F � b � - h 11 - wk � J 5h k,' I +1�M �1;; y « 4 y ' �4''' N- _- :I, � r , 'k i; •� 0 t�'Fa��l�� ..� � yr11� •, � x �`- i��l.Rfr sr� •�' X51 "? P: 4� • � � ti► r'I { X 1 was twice selected as Building Official of the Year for the Northeast Florida area. X A state licensed Building Code Administrator, Plans Examiner, and Building Inspector (2). • Voting member of the National Fire Protection Association. • Voting member of the International Code Council. • Voting member of the Building Officials Association of Florida. • Member of the Florida Flood Plain Managers Association. • I have served as an expert witness /inspector on 109 legal cases to date and have testified in court two times. • Have compiled over 710 hours of code related class time to date. • I am the Building Official for the City of Neptune Beach, Florida. • I own Don C, Ford Inspection Services and specialize in commercial and multi - family structures inspections. CONSTRUCTION SERVICES Evaluation, Investigation and Interpretation of: • Building Code related issues • Construction safety standards; • Construction accidents; • Technical code compliance; • Roofing and waterproofing; • Plans and specification interpretation; • American with Disabilities Act (ADA) & accessibility compliance; • Curb, ramp and stair construction; • Hazard identification; • Building and property ingress and egress; 2