Fort Walton Beach Council agenda — 08-23-11 regular — reading text

patrol municipally-owned o leased property and facilities located outside juris- dictional limits of the municipality and, when there is probable cause to believe a person has committed or is committing a violation of state law or of a county or municipal ordinance on such property or facilities, may take the person into custody and detain the person m a reasonable manner and for a reasonable time; the law an- focemeat officer employed by the municipality shall immediately. aidl a law enforcement officer with ' bdic- tion over the property or facility on which the violation occurred after detaining the person). FM]. Section 23. 121( lxg), Fla. Stat 02011 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2.westlaw.com/pnnt/printstmam. aVx?fn--_top& rs--WLWI 1. 04& pbc= D6384F8... 6/ 16/2011  Page 4 of 4 Fla AGO 2005- 26, 2005 WL 1271339 ( FIa. A.G.) Page 3 FN41. Section 23. 1225( IXa), Fla Stat FNS]. Id FN6]. Section 23. 1225( IXa), Fla Stat Section 23. 1225( 1X6), Fla. Stat., defines a " mrmial aid agreement" as a] requested operational assistance written agreement between two or more law enforcement agencies... for the rendering of assistance in a law enforcement emergency[,]" with the same specification requirements set forth in subsection 23. 1225( IXa), Fla Stat The example given for which a mutual aid agreement may be used is to meet a request for assistance due b a civil disturbance or other emergency as defined in s. 25234(3) (" any occm- re sc , or threat thereof, whether natural, technological, or manmade, in was or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property' l.A mutual aid agreement may also be a combination of the agreements described in s. 23. 1225( 1)( a) and ( b), Fla Stat. See s. 23. 1225( I)( c), Fla Stet FN7]. See, s. 23. 1225( l)(a), Fla. Stat., supra, in pertinent part, stating, "[ t]he agreement must specify... the agency or entity that has command and supervisory responsibility..." FN8]. See Ops. Att'y Gen. Fla 93 -93 ( 1993) and 96- 78 ( 1996). The sheriff has county-wide jurisdiction. See s. 30. 15, Fla Stat; and see Op. Atry Gen. Fla 71 - 195 ( 1971) ( respective duties, legal jurisdiction and limitations of a county sheriff and a municipal police department located in the same county have concurrent jurisdiction); and Op. Att'y Gen. Fla 71 -195A ( 1971) ( each agency is authorimd to conduct investigations without unneces- sary intrusion from the other but two agencies should cooperate with each other, not because they are legally re- quired m, but because it is a necessary condition to the proper performance of each agency's duty to provide po- lice protection). FN9]. See s. 1, Ch. 98 -183, Laws of Fla ( amending S. 23. 1225 m permit mutual aid agreement between law en- forcement agency and school district employing school safety officers or university employing university police officers); s. 3, Ch. 00 -369, Laws of Fla ( describing additional joint city-county law enforcement activity by vol- untary cooperation written agreement); s. 882, Ch. 02 -387, Laws of Fla.; s. 1, Ch. 03 - 153, Laws of Fla. providing clarification as to agencies that may participate in mutual aid agreements). FN10]. See Op. Atry Gen. Fla 02- 46 ( 2002), stating that a municipality or several municipalities may enter in- to a mutual aid agreement with the county and each other to authorize municipal police officers to exercise traffic, enforcement authority and to conduct accident investigations within the unincorporated aress of the county and within each other' s jurisdictions, where the parties set forth in the agreement the agency or entity with ultimate supervision of such law enforcement activities. Fla AGO 2005 -26, 2005 WL 1271339 ( F1aA.G.) END OF DOCUMENT 02011 Thomson Reuters. No Claim to Orig. US Gov. Works. httpsJ /web2.westlaw. corn /print /printstream.aspx ?fn= _top& rs WLW I I. 04& pbc= D6384F8... 6/ 162011  F141. a 1473 From: Robert Mearns Sent: Friday, July 29, 2011 1: 22 PM TO: Carole Jones subject: FW: Fort Walton Beach Airport security Please place on the 8/ 9 agenda From: Hayward Dykes [ mailto: hdykes @destin - law. coml Sent: Fri 7/ 29/ 2011 9: 26 AM To: Robert Mearns subject: FW: Fort Walton Beach Airport security see below email. Because of this I recommend we place it on the next agenda for discussion with council before we seek the AG opinion. This will give council an opportunity to ask any questions and vote on whether they want me to seek the AG opinion. Hayward Dykes, Jr., Esq. Conerly, Bowman & Dykes, LLP Post office Box 6944 4481 Legendary Drive, suite 200 1 Destin, Florida 32550 850. 837. 5118 office 1850. 424. 7000 Fax1 hdykes @destin - law. com www. cbdlawfirm. com CONFIDENTIALITY NOTE: This email and any attachments are confidential and protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copyi ng, distribution or use of the email or any attachments is prohibited. If you have received this email in error, please notify us immediately by replying to the sender and deleting this copy and reply from your system. Thank you for your cooperation. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U. S. tax advice contained in this communication ( or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of ( i) avoiding penalties under the Internal Revenue code or ( ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication ( or in any attachment). From: Paul Dawson [ mailto: pdawson @bbpria. coml sent: Friday, July 29, 2011 9: 23 AM To: Hayward Dykes subject: Fort Walton Beach Airport security Page 1 Packet Pg. 36  14. 1. a 1473 Hayward, In order to ensure that neither coverage or defense of future claims is compromised I would recommend that the city solicit an Attorney General' s opinion regarding the City providing law enforcement services to the airport. I believe the issue may be one of jurisdiction ( City outside their enforcement parameters). Let me know if an AG opinion is solicited and subsequently received. I will forward to the current carrier underwriter. I believe that an opinion will give the underwriter confidence in the insurer' s ability to defend future claims should they arise out of the airport services agreement. Thanks Paul Dawson senior vice President Account Executive Public Risk Insurance Agency 220 S. Ridgewood Ave Daytona Beach, FL 32114 T. 386 - 239 - 4045 F. 386 - 239 - 4049 Page 2 August 1, 2011 City of Fort Walton Beach 107 Miracle Strip Parkway S. W. Fort Walton Beach, Florida 3254 & 6614 Re: City of Fort Walton Beach Agenda (Contaminated Chromalloy Florida) Dear City Leaders: The Greater Sylvania Heights Front Porch (GSHFP), a community group ofconcerned Fort Walton Beach residents, would like to discuss with the City of Fort Walton Beach their concerns about the contaminated Chromalloy site located at 630 Anchors Street NW in Fort Walton Beach, Florida. The community is interested in meeting with the City leaders prior to the submission of the SAR or shortly thereafter. The GSHFP' s concern at this time is involvement with the cleanup process and the protection of the public from contamination at the Chromalloy site. As Chromalloy begins their process of site assessment, ultimately leading to a plan to clean up the site, the community wishes to be included in all the steps ofthe evaluation and cleanup process. In order to facilitate this involvement, we are formally requesting, via this letter, that the City of fort Walton Beach copy us on all relevant correspondence for ?tis site. Please confirm that you are able to perform this request. Additionally, we would like to be notified ofand be able to attend all meetings between Chromalloy and the City offort Walton Beach. As stated above, we are also requesting that the City of fort Walton Beach sit down and personally meet with us in Fort Walton Beach prior to, or shortly thereafter the submittal of the SAR At that initial meeting with the City ofFort Walton Beach, we would like to discuss how the responsible party, Chromalloy, and the City of Fort Walton Beach will work with the community to ensure that there is adequate community involvement, input, and consideration of impacts to human health throughout the entire evaluation and cleanup process. Please review the attached cd for supporting documentation Respectfully submitted on behalf of our community Greater Sylvania Heights Front Porch, a community group of concerned Fort Walton Beach residents