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09-24-01 v CITY OF ATLANTIC BEACH CITY COMMISSION MEETING • September 24, 2001 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Budget Public Hearing of September 6, 2001, and Regular Commission Meeting of September 10, 2001 2. Courtesy of Floor to Visitors: A. Presentation by First Night 3. Unfinished Business from Previous Meeting A. City Manager's follow-up report 4. Consent Agenda: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING • DOCUMENTATION AND STAFF RECOM-MENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of monthly reports from City Departments: Police/Code Enforcement, and Utility Sales (City Manager) B. Award a contract to Bradley Bowen Construction in the amount of$70,038.40 for construction of Dune Crossovers at 6th, 11th and 13th Street and a replacement handrail at 18th Street, pursuant to the specifications of Bid#0001-24 (City Manager) C. Award contract to Cuyler's Lawn Service in the amount of$110,432.00, for Lawn Maintenance for City Facilities pursuant to the specifications of Bid Number 0001-25 (City Manager) D. Approve a one-year extension to the contract with Charles Bassett &Associates for land surveying services, at the current contract prices (City Manager) E. Acknowledge receipt of report regarding Retirees with Health Insurance (City Manager) 5. Committee Reports: 6. Action on Resolutions: A. Resolution No. 01-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE CLERKS, DEPUTIES, AND INSPECTORS FOR THE CITY'S PRIMARY • ELECTION TO BE HELD ON OCTOBER 2, 2001, AND GENERAL ELECTION ON OCTOBER 16, 2001, AND SETTING THEIR COMPENSATION (City Clerk) Page Two AGENDA September 24, 2001 11111 B. Resolution No. 01-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND PROVIDING AN EFFECTIVE DATE 7. Action on Ordinances: A. Ordinance No. 20-01-52 Final Reading and Public Hearing AN ORDINANCE ADOPTING THE FINAL BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002 B. Ordinance No. 20-01-53 Final Reading and Public Hearing AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 C. Ordinance No. 58-01-28 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, • SEC. 2-281(b), TO PROVIDE GENERAL RETIREES WITH A FIVE PERCENT (5%) COST OF LIVING ADJUSTMENT; AMENDING DIVISION 4, SEC. 2-310.10(b) TO PROVIDE POLICE RETIREES WITH A FIVE PERCENT (5%) COST OF LIVING ADJUSTMENT; PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. 8. Miscellaneous Business: A. Public Hearing to seek input on the use of$16,002 in Local Law Enforcement Block Grant funds (City Manager) B. Authorize Waitz& Moye to perform professional engineering services for the upgrade Professional engineering services for Upgrade of West End Lift Station in the amount of$10,000 (City Manager C. Authorize Aikenhead& Odom to perform the engineering services for the replacement the force main from Lift Station B at a cost not to exceed $19,500 (City Manager) D. Authorize City Manager to execute contracts with Atlantic Beach Experimental Theater, Atlantic Beach Athletic Association, Beaches Sea Turtle Patrol, Beaches Habitat for Humanity and Sandra Phillips, Tennis Instructor, for the use of various city facilities E. Authorize Mayor to sign Grant Project Agreement with Florida Recreation Development Assistance Program(City Manager) F. Action on the request of Atlantic Beach Experimental Theater for an exception to • the city code or amendment of the code to allow them to erect a banner sign(City Manager) • Page Three AGENDA September 24, 2001 1110 G. Accept the report of the City Manager relative to accounts receivable write-offs and approve the write-off of two customer accounts with balances in excess of $2,500.00 (City Manager) H. Authorize the City Manager to sign an agreement for the lease of an office building for Mayport Waterfronts Partnership, and to execute future extensions provided they are under substantially the same terms (City Manager) I. Approve a salary of$45,822.40 for the City Clerk for the coming year(City Manager) J Approve the Combined Voluntary Cooperation Assistance Mutual Aid Agreement and authorize the City Manager to sign the agreement on behalf of the City 9. City Manager Reports: 10. Reports and/or requests from City Commissioners and City Attorney 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. 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, September 21,2001. 4111 • MINUTES OF THE REGULAR ELECTION MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN THE ADELE GRAGE COMMUNITY CENTER, 716 OCEAN BOULEVARD, ATLANTIC BEACH, ON TUESDAY, OCTOBER 2, 2001 Before the City Commission meeting, representatives of the office of the Duval County Supervisor of Elections, witnessed by Commissioners, candidates and their guests and city staff, tabulated and verified the count of the votes cast. The Commission Meeting was called to order at 8:15 p.m. by Mayor Meserve. Present, in addition to the Mayor were Commissioners Borno, Beaver, Mitchelson, and Waters. Also present were City Attorney Jensen, City Manager James Hanson and City Clerk Maureen King. 1. Canvass the results of the municipal election and adopt Resolution No. 01-19 declaring the results thereof. The Mayor presented in full, in writing, Resolution No. 01-19 A RESOLUTION CERTIFYING THE RESULTS OF THE PRIMARY ELECTION OF THE CITY OF ATLANTIC BEACH, HELD ON TUESDAY, OCTOBER 2, 2001, FOR THE PURPOSE OF ELECTING A MAYOR-COMMISSIONER AND TWO COMMISSIONERS. Ccommissioner Borno moved for adoption of the resolution. The motion was seconded by • Commissioner Waters and was unanimously approved. Certification of the official results of said election is attached hereto and is as follows: Seat 1 Mayor/Commissioner: John Meserve elected (2 years) Seat 4 Commissioner: A General Election (Run-off) will be held on October 16 to elect either Theo Mitchelson or Paul Parsons, the two candidates who received the most votes Seat 5 Commissioner: Richard M. Beaver elected (4 years) There being no further business to come before the City Co, Si 'ssion, the Mayor declared the meeting adjourned at 8:20 p.m. J•=,t S.1 SERVE Ma •r 'resid, g Officer ATTEST: J at • MAUREEN KING Certified Municipal Cler 4 0 4111 MUNICIPAL ELECTION CITY OF ATLANTIC BEACH, FLORIDA October 2, 2001 PRECINCT OFFICE 03F 03G 03H 03S ABS1 TOTAL VOTES MAYOR/COMMISIONER SEAT 1 (VOTE FOR ONE) JOHN S. MESERVE 250 473 481 65 25 1294 * ROBERT (BOB) TOTTER 145 128 156 58 12 499 COMMISSIONER SEAT 4 (VOTE FOR ONE) STEPHEN A. KUTI 16 24 71 8 3 122 THEO MITCHELSON 101 240 143 38 5 527 PAUL B. PARSONS 177 268 319 38 22 824 ALAN W. POTTER, SR. 73 42 60 25 3 203 AL RABASSA 16 18 20 10 4 68 COMMISSIONER SEAT 5 (VOTE FOR ONE) RICHARD M. BEAVER 193 370 306 36 15 920 * SALLY CLEMENS 202, 225 324 87 22 860 Ballots Cast 399 603 639 123 37 1801 *ASTERISK- INDICATES WINNER SEAL: Official Results of Atlantic Beach Municpal Election held Tuesday, October 2, 2001 V V o O T T • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH E E CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT S S 7:15 P.M. ON MONDAY, SEPTEMBER 24, 2001 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Theo Mitchelson Dezmond Waters, Commissioners M S AND: James Hanson, City Manager o E Alan C. Jensen, City Attorney T C Maureen King, City Clerk ONE N ND S O COMMISSIONERS The meeting was called to order at 7:15 p.m by Mayor Meserve. A moment of silent prayer was observed in respect for the victims and families of the September 11, 2001 terrorists attacks on the World Trade Center Twin Towers, the Pentagon and the airplane which crashed in Pennsylvania. The silent prayer was followed by the Pledge of • Allegiance to the Flag. 1. Approval of the minutes of the Budget Public Hearing of September 6, 2001 and the Regular Commission meeting of September 10, 2001 BEAVER X Motion: Approve the minutes of the Budget Public Hearing of BORNO X X September 6, 2001 and the Regular Commission Meeting of MITCHELSON X X September 10, 2001 as presented. WATERS x MESERVE X The motion carried unanimously. 2. Courtesy of Floor to Visitors: A. First Night Presentation Mary Jenkins, President of the First Night Board of Directors, introduced Kim Armstrong, Michelle Tipton and Cindy Grossburg, other members of the Board of Directors. Ms. Jenkins thanked the city for its support of First Night over the years, and in appreciation, presented the city with a framed weaving. 110 Alan Potter of 374 Second Street felt the Commission should reduce the proposed budget by$2,000,000 and reiterated his opposition to the transfer of water/sewer funds to the general fund. He believed that an i M S Minutes Page -2- 0 E September 24, 2001 T C I O Y ONE N • undue burden had been placed on water/sewer customers. He also felt the COMMISSIONERS N D S 0 Commissioners should increase the millage rate to stop the transfer of funds. Mr. Potter also opposed authorizing Aikenhead and Odom to perform engineering services at a cost not to exceed $19,500 (Item 8C). He felt the engineering should be performed in-house by Public Works Director Kosoy. Pat Pillmore of 995 Camelia Street indicated that she was happy that Council Member Jerry Holland was giving Jacksonville Beach an opportunity to plan its own destiny concerning the location of the pier. Ms. Pillmore used the City of Jacksonville's Confederate Park as an example and stated that she favored the use of park land as a permanent solution for drainage problems. Stephen Kuti of 1132 Linkside thanked Beverly Durham of the Police Department for her assistance in keeping his wife informed of his well being when his plane was diverted from Washington, D.C. to Halifax, Nova Scotia and grounded for several days during the World Trade Center crisis. 0 Mr. Kuti also reported that he had been in contact with Mr. Miracle at the St. Johns River Water Management District(SJRWMD) and learned that Aikenhead and Odom had not discussed the 75%completion plans with them, as indicated during the August 13th Commission Meeting. Mr. Kuti referenced a letter written by City Manager Hanson to Mr. Hilliard concerning a catch basin installed by the Public Works Department at Sandpiper Lane and Donner Road, and felt the city had been double billed by a construction company for the work. and also reported on the below-grade modifications which had been made to the same drainage inlet. J.P Marchioli of 414 Sherry Drive reported that the recent heavy rains and traffic had caused deep,water filled holes to develop on Sherry Drive. He felt the city should fill the holes since they were a danger to drivers. Mr. Marchioli agreed with the cancellation of the contract with Jacksonville Jaycees for park bench maintenance and felt that any future contract should be with the Beaches Jaycees. Mr. Marchioli opposed signing a contract for lease of a building outside of the city limits(Item 8H). Mayor Meserve responded that the City of • Atlantic Beach, in partnership with the City of Jacksonville and the Village of Mayport,were working to improve the area, and stated that the M S ' . Minutes Page -3- 0 E September 24, 2001 T C I O Y • building was leased by the city for$1.00 per year for use by the Mayport COMMISSIONERS N D S 0 Waterfront Partnership. O N E N Boy Scout Troop 462 Mayor Meserve welcomed members of Boy Scout Troop 462 who were working on their Citizenship in the Community badges. 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report City Manager Hanson briefly reviewed each item of his written report, a copy of which is attached and made part of this official record as Attachment A. 4. Consent Agenda: Commissioner Mitchelson requested that Item 4E be removed from the Consent Agenda for further discussion. A. Acknowledge receipt of monthly reports from City • Departments: Police/Code Enforcement and Utility Sales B. Award a contract to Bradley Bowen construction in the amount of$70,038.40 for construction of Dune Crossovers at 6th, 11th and 13`h Streets and a replacement handrail at 18th Street, pursuant to the specifications of Bid #0001-24 C. Award contract to Cuyler's Lawn Service in the amount of $110,432.00 for Lawn Maintenance for City Facilities pursuant to the specifications of Bid Number 0001-25 (City Manager) D. Approve a one year extension to the contract with Charles Bassett and Associates for land surveying services at the current contract prices (City Manager) BEAVER X BORNO X X Motion: Approve Consent Agenda Items A - D as MITCHELSON X X presented. WATERS X MESERVE X There was no discussion and the motion carried unanimously. E. Acknowledge receipt of report regarding Retirees with ShHealth Insurance (City Manager) be more cost Commissioner Mitchelson suggested that it might 1 M S Minutes Page -4- 0 E September 24, 2001 T c I O Y ONE N • effective for those retirees sixty-five years of age or older to consider COMMISSIONERS N D S 0 purchasing a medicare supplemental insurance policy. He also requested information concerning the ages of the city's thirty retirees. The report was for informational purposes and no action was required. 5. Committee Reports: There were no Committee Reports. Item 8A was taken out of sequence and acted on at this time. 8A. Public Hearing to seek input on the use of$16,002 in Local Law Enforcement Block Grant funds (City Manager) Mayor Meserve opened the floor for a public hearing and invited comments from the public. J.P. Marchioli of 414 Sherry Drive inquired as to the use of the grant funds. City Manager Hanson explained that the Police Department proposed to use the funds to purchase new records • management software. Since no one else wished to speak, the Mayor closed the public hearing. There was no discussion and no action was required. 6. Action on Resolutions: A. Resolution No. 01-18 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE CLERKS, DEPUTIES, AND INSPECTORS FOR THE CITY'S PRIMARY ELECTION TO BE HELD ON OCTOBER 2, 2001, AND GENERAL ELECTION ON OCTOBER 16, 2001, AND SETTING THEIR COMPENSATION (City Clerk) BEAVER X X BORNO X X Motion: Adopt Resolution No. 01-18. WATERELSON X WATERS X MESERVE X Commissioner Waters inquired as to the use of non-residents for the clerks, deputies and inspectors for the election. City Clerk King explained that the poll workers were chosen by the Duval County Supervisor of Elections and some of the inspectors listed may not be • needed for the election. I M S Minutes Page -5- 0 E September 24, 2001 T C I O Y ONE N • There was no further discussion and the motion carried unanimously. COMMISSIONERS N D S 0 B. Resolution No. 01-16 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED- BACK RATE; AND PROVIDING AN EFFECTIVE DATE BEAVER X BORNO X Motion: Adopt Resolution No. 01-16 setting the ad MITCHELSON X X valorem property tax millage rate at 3.1721 mills. WATERS X X MESERVE X Mayor Meserve announced that the tentative millage rate was 3.1721 and the roll-back rate was 2.9741 with the tentative millage rate being 6.6575%higher than the roll-back rate. Mayor Meserve indicated that the purpose for the increase in ad valorem tax revenue was to maintain adequate funding for the existing level of service with O anticipated increased costs. Mayor Meserve opened the public hearing and invited comments from those present. Stephen Kuti and Alan Potter both favored adoption of the roll- back rate of 2.9741 mills. Mr. Kuti believed the Commissioners promised to lower the rate two years ago and felt this had not been honored. He also felt the tentative millage rate should not be set by the City Manager. J.P. Marchioli requested that the Commission cut back on spending for fiscal year 2001-2002. No one else spoke in favor of or in opposition to the proposed millage rate and the Mayor declared the public hearing closed. Commissioner Borno felt the budget was very responsible and addressed both the present and future needs of the city. Discussion ensued concerning previous millage rates. Mayor Meserve recounted that six years ago the millage was raised for one year to buy park land and was lowered the following year. • Commissioner Mitchelson recalled that at that time, the city raised its millage rate equal to the amount Duval County lowered its millage M S Minutes Page -6- o September 24, 2001 I o Y ONE N . rate, which resulted in a lower combined millage rate for the residents COMMISSIONERS N D S 0 of Atlantic Beach. Commissioner Mitchelson stated that he would like to adopt the roll- back rate,but felt it would be fiscally irresponsible to do so at this time due to the unknown cost for the core city project. Commissioner Beaver pointed out that the current millage rate generated approximately$176,000 in additional revenue, which was needed to continue to provide improved services to the city's residents. Mayor Meserve pointed out that the millage rate was not set by the City Manager,but was arrived at through a series of budget workshops, all of which were open to the public. Mayor Meserve indicated that the millage rate had not been increased in several years, but the city received additional revenues through increased assessments and new construction. He felt the budget was reasonable and conservative, and pointed out that the additional revenue was needed to cover increased costs associated with operating the city, such as employee health insurance and increased salaries to hire and retain good employees. • There was no further discussion and the motion carried unanimously. 7. Action on Ordinances: A. Ordinance No. 20-01-52 Final Reading and Public Hearing AN ORDINANCE ADOPTING THE FINAL BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002 BEAVER X BORNO X X Motion: Adopt Ordinance 20-01-52 on final reading. MITCHELSON X X WATERS X MESERVE X Mayor Meserve presented the ordinance in full, in writing. He then opened the floor for a public hearing and invited comments from the audience. J. P. Marchioli commented that the country was in a recession and felt the city would receive lower bid prices in the coming year. No one else spoke in favor of or in opposition to the ordinance and the Mayor closed the public hearing. • There was no discussion and the motion carried unanimously. M S Minutes Page -7- 0 E September 24, 2001 T c I O Y ON E N B. Ordinance No. 20-01-53 Final Reading and Public Hearing0 COMMISSIONERS N D S 0 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 BEAVER X BORNO X X Motion: Adopt Ordinance No. 20-01-53 on final reading. MITCHELSON x WATERS X X MESERVE X Mayor Meserve presented the ordinance in full, in writing and explained that the ordinance covered year end budget modifications. Mayor Meserve opened the floor for a public hearing. No one spoke in favor of or in opposition to the ordinance. Commissioner Borno commended Finance Director VanLiere for the keeping the budget adjustments to a minimum. There was no discussion and the motion carried unanimously. C. Ordinance No. 58-01-28 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, • ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, SEC. 2-281(b), TO PROVIDE GENERAL RETIREES WITH A FIVE PERCENT (5%) COST OF LIVING ADJUSTMENT; AMENDING DIVISION 4, SEC. 2-310.10(b) TO PROVIDE POLICE RETIREES WITH A FIVE PERCENT (5%) COST OF LIVING ADJUSTMENT; PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. BEAVER X BORNO X X Motion: Approve Ordinance No. 58-01-28 on first MITCHELSON X X reading. WATERS X MESERVE X Mayor Meserve announced that the public hearing and final reading of the ordinance would take place on October 8, 2001. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Public Hearing to seek input on the use of$16,002 in Local Law Enforcement Block Grant funds (City Manager) • Item 8A was taken out of sequence and acted on before Item 6A. M S Minutes Page -8- 0 E September 24, 2001 I 0 Y ONE N • COMMISSIONERS N D S 0 B. Authorize Waitz & Moye to perform professional engineering services for the upgrade of West End Lift Station in the amount of$10,000 (City Manager) BEAVER X Motion: Authorize Waitz & Moye to perform professional BORNO X X engineering services for the upgrade of the West End Lift MITCHELSON X X Station in the amount of$10,000. WATERS X MESERVE X City Manager Hanson briefly explained the request as listed in Utility Director Kaluzniak's memo dated September 14, 2001. There was no discussion and the motion carried unanimously. C. Authorize Aikenhead & Odon>tto perform the engineering services for the replacement/tile force main from Lift Station B at a cost not to exceed $19,500 (City Manager) BEAVER X X Motion: Authorize Aikenhead & Odom to erform the BORNO X X engineering services for the replacementaiee force main MITCHELSON X WATERS X from Lift Station B at a cost not to exceed $19,500. MESERVE X IIIICommissioner Waters inquired as to why Public Works Director Kosoy did not do the in-house engineering projects. City Manager Hanson explained that Mr. Kosoy did not have enough time or staff to do the engineering for these projects. There was no further discussion and the motion carried unanimously. D. Authorize City Manager to execute contracts with Atlantic Beach Experimental Theater, Atlantic Beach Athletic Association, Beaches Sea Turtle Patrol, Beaches Habitat for Humanity and Sandra Phillips, Tennis Instructor, for the use of various city facilities Motion: Authorize City Manager to execute contracts with BORNO X Atlantic Beach Experimental Theater, Atlantic Beach Athletic WATERS X Association, Beaches Sea Turtle Patrol, Beaches Habitat for Humanity and Sandra Phillips, Tennis Instructor, for the use of various city facilities. Commissioner Beaver indicated that he would like to see language • incorporated in the contract which would eliminate monopolization of the facility. f M S Minutes Page -9- 0 E September 24, 2001 T C I O Y O N E N • City Manager Hanson provided the following language to add to tem 3(g) COMMISSIONERS N D S 0 of the Conditions: (g) Renter's use of the facility is not exclusive outside of the dates and time as set forth below. Renter shall leave the facility available for use by other parties if other activities are scheduled or upon the request of City Staff. This may include removal and storage of Renter's property. Commissioner Mitchelson suggested that a penalty for failure to comply with the terms of the contract be added, as well as proof of insurance naming the city as additional insured. He also requested that a copy of proof of insurance be included with the contract. Commissioner Waters inquired if holidays were protected in the scheduling calendar. Parks and Recreation Director Johnson indicated that they were protected. Discussion ensued and it was determined that the contracts should be rewritten to include the recommended changes. BEAVER X X BORNO X MITCHELSON X Motion: Defer action on the execution of the contracts until WATERS X X the first Regular Commission Meeting in October. MESERVE x • Pat Pillmore, a member of the Board of Directors of ABET, stated that she would like more information regarding the proposed changes so that she could present the information to the board. There was no further discussion and the motion carried unanimously. E. Authorize Mayor to sign Grant Project Agreement with Florida Recreation Development Assistance Program (City Manager) BEAVER X BORNO X X Motion: Authorize Mayor to sign Grant Project Agreement MITCHELSON X X with Florida Recreation Development Assistance Program. WATERS X MESERVE X There was no discussion and the motion carried unanimously. F. Action on the request of Atlantic Beach Experimental Theater for an exception to the city code or amendment of the code to allow them to erect a banner sign (City Manager) BEAVER X Motion: Approve request of the Atlantic Beach MITCHELSON X • Experimental Theater. I M S Minutes Page -10- o E September 24, 2001 T C I O Y ONE N • Discussion ensued and Commissioners Mitchelson, Borno, Waters COMMISSIONERS N D S 0 and Beaver all felt that the ordinance should not be amended to allow banner signs. They felt there should be uniform enforcement with no exceptions. Mayor Meserve agreed but pointed out that the issue needed to be addressed since there were brackets on the light poles in Town Center for banner-type signs. Commissioner Waters inquired if the city would be interested in displaying American flags on the poles, and also inquired if the city had approved the banners used by First Night. After further discussion, the motion and second were withdrawn. The Mayor, who is on the Board of Directors of First Night, stated that he would discuss the use of banners with other members of First Night. G. Accept the report of the City Manager relative to accounts receivable write-offs and approve the write-off of two customer accounts with balances in excess of$2,500.00 (City Manager) BEAVER X X • Motion: Accept the report of the City Manager relative to BORNO X X accounts receivable write-offs and approve the write-off of MITCHELSON X two customer accounts with balances in excess of WATERS X $2,500.00. MESERVE X City Manager Hanson explained the request as written in his staff report dated September 17, 2001, which is attached and made part of this official record as Attachment B. He indicated that the statute of limitations for collecting the accounts had expired, but in the future the city would establish a schedule and write off the oldest accounts on a monthly basis. Following brief discussion, the motion carried unanimously. H. Authorize the City Manager to sign an agreement for the lease of an office building for Mayport Waterfronts Partnership, and to execute future extensions provided they are under substantially the same terms (City Manager) BEAVER X X Motion: Authorize the City Manager to sign an BORNO X X MITCHELSON X agreement for the lease of an office building for Mayport WATERS X 4110 Waterfronts Partnership, and to execute future extensions MESERVE X provided they are under substantially the same terms. M S Minutes Page -11- o E September 24, 2001 T c I O Y O N E N • There was no discussion and the motion carried unanimously. COMMISSIONERS N D S 0 I. Approve a salary of$45,822.40 for the City Clerk for the coming year (City Manager) BEAVER X X BORNO X X Motion: Approve a salary of$45,822.40 for the City Clerk MITCHELSON X for the coming year. WATERS X MESERVE X Mayor Meserve commended the City Clerk for her work and thanked her for the service to the city. Commissioner Borno also compli- mented City Clerk King for her professionalism and the timely manner in which she provided information he requested. The motion carried unanimously. J. Approve the Combined Voluntary Cooperation Assistance Mutual Aid Agreement and authorize the City Manager to sign the agreement on behalf of the City BEAVER X X Motion: Approve the Combined Voluntary Cooperation BORNO x x Assistance Mutual Aid Agreement and authorize the City W TCHELSON x Mana er to sin the a reement on behalf of the Cit ATERS X g g g Y. WMESERVE X There was no discussion and the motion carried unanimously. Y 9. City Manager Reports: In addition to the written report, which is attached and made part of this official record as Attachment C, the following was reported: • Public Works Director Kosoy reported that BFI, the city's waste hauler, ran eight trucks for twelve hours on Saturday to catch up on the backlog of yard trash from Hurricane Gabrielle. He indicated that liquidated damages to the city would be invoked for the previous week, but not for the present week. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno • Inquired if the waterways could be sprayed for mosquitoes. III M S Minutes Page -12- 0 E ' September 24, 2001 T C I O Y ONE0 N Commissioner Mitchelson COMMISSIONERS N D S 0 • Indicated that he would provide the Commissioners a written report on the Florida Beach and Shore Preservation Conference he had attended the previous week. Commissioner Waters • Inquired as to the number of sea turtle nests that were lost due to Hurricane Gabrielle. • Inquired as to the status of the Jordan Park Community Center building. City Manager Hanson indicated that completion of the building was expected in two weeks. • Requested that the Commissioners receive door keys for the City Hall. • Inquired as to who inspects dune walkovers. City Manager Hanson indicated that they were inspected by Recreation Director Johnson. • • Felt the Boselli Foundation may contribute towards the community center now being studied by Urbanomics, and suggested the city keep in contact with the Foundation. Mayor Meserve • Mayor Meserve noted that there was still a vacancy on the Code Enforcement Board and nominated Ray Breault for appointment to the Board. Breault BEAVER X Motion: Appoint Ray Bernet to a three year term on the BORNO X X MITCHELSON X Code Enforcement Board. WATERS X X MESERVE X The motion carried unanimously. There being no further discussion or busine to c•me before the Commission, the Mayor declared the meeti .,'o\ ed at 9:10 p.m. 1 - • 1 Me erve Atte t: Ma 6 1L esidi Officer 0 Maureen King Certified Municipal Cle ,_ ATTACHMENT A _ SEPTEMBER 24, 2001 COMMISSION MEETING • September 18, 2001 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Han n City Manage SUBJECT: Follow-up Report Debt Service Allocation; At the last Commission meeting a citizen objected to the Water and Sewer Funds not only transferring $400,000 per year to the City's General Fund but also paying for the entire cost of debt service of 1.6 million per year, which included projects other than to improve the water and sewer systems. The statement about all of the debt service being paid by the Water and Sewer Funds was incorrect. When the bonds were issued in 1996 for a list of water, sewer and storm water projects, a budget was included in the Official Statement. Since that time, bond payments have been allocated to the appropriate funds based upon the percentage of bond money that was budgeted to be spent for each type of project. After all the work is completed, the allocation will be adjusted to reflect the actual costs of projects rather than the budgets. The original budgets along with present allocations of debt service to the various funds • are broken down as follows; Budget Debt Service Percentage Water Fund $4,231,279 $307,922 .1937 Sewer Fund $13,755,441 $988,649 .6220 Storm water Utility $4,025,810 $293,023 .1844 Total $22,012,530 $1,589,594 1.0001 In short, while the Water and Sewer Funds do pay for a portion of the bond debt service, they are only paying for those portions, which are allocable to water and sewer projects. The only transfer of funds to the General Fund this year is for$400,000. Group Health Insurance; Several options are still being evaluated to find other alternatives for group insurance in the next year. First, the City of Jacksonville employees are continuing to work with their major carrier, Aetna, to determine if there are any options for inclusion of Atlantic Beach into their plan. Next, the City met with SouthEast Personal Leasing Inc. and a number of questions for follow-up were raised, not the least of which was whether their carrier(Aetna) would be willing to accept coverage for the City of Atlantic Beach as part of the larger group. Last, our current carrier (American Heritage Life) met with City staff and expressed some concerns about their ability to provide continuing discounts with health care providers given the small size of their program in Florida after January 1st. Their staff was also to look into some possibilities of transferring our • account to other providers. In the meantime, I have issued a letter to AHL of our intent to continue coverage in the coming year. That coverage gives us a thirty-day cancellation clause and I have explained to their representatives that we will continue to use them for coverage until a better option is available. ATTACHMENT B SEPTEMBER 24, 2001 COMMISSION MEETING • CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Accounts Receivable Write-Offs Recommendation and Annual Summary of Accounts Written Off SUBMITTED BY: Jim Hanso. DATE: September 17, 2001 BACKGROUND: The City has been properly recording an allowance for doubtful accounts over the years, as evidenced in our financial statements. In accordance with the collections and write-off policies and procedures adopted and implemented by the City, as approved by the City Commission in their meeting of February 12, 2001, those accounts deemed uncollectible should be written off the City's books. In accordance with these procedures, when the Finance Department refers accounts to me for write-off, • I am tasked with submitting write-off recommendations to the City Commission for any individual account balance due in excess of$2,500.00. The Finance Department has completed their initial account analysis, concentrating on accounts terminated more than five (5) year ago. The collection agency contracted, MJ Altman, has determined that the statute of limitations for pursuing payment of these accounts has expired. Therefore, no further collection efforts will be expended. Only two (2) accounts included in this analysis have an individual balance in excess of$2,500.00: Customer ID # Customer Amount Due 9593 Mayport East Wash $ 3,974.75 11721 Ferguson, Chad 2,572.42 In addition to the accounts over five (5) years old, the City wrote off a number of accounts in fiscal year 2001 that didn't warrant further effort, e.g., additional pursuit of • accounts with balances less than $25.00 would not be cost effective. AGENDA ITEM#8G SEPTEMBER 24,2001 • The total number of accounts and the dollar amount that the City will have written off their books as uncollectible during fiscal year 2001, including the two (2) accounts recommended for write-off in this staff report, is as follows: Number of Accounts Amount 1,714 $ 236,924.17 BUDGET: The allowances for doubtful accounts prior to these write- offs, approximately $557,000, adequately covered the current write-offs. As a result, no budget impact was experienced. The allowances will be adjusted during the year-end closeout process, as is normally done, based on the accounts with balances outstanding in excess of 120 days at September 30, 2001. • RECOMMENDATION: Approve recommendation to write-off two (2) customer accounts with individual balances outstanding in excess of $2,500. ATTACHMENTS: None. • ATTACHMENT C - SEPTEMBER 24, 2001 COMMISSION MEETING September 18, 2001 • MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim H. -_ ity Tanager - SUBJECT: City Man ger's Report Emergency Repairs from Water Line Break; 17th Street and Sea Oats Drive; A subcontractor working for the JEA to install new underground electric lines bored into a City water main at the intersection of 17th Street and Sea Oats Drive. That main was properly marked by Atlantic Beach and it will be the responsibility of the contractor to reimburse Atlantic Beach for all expenses related to the repair. The City's point repair contractor(Gruhn May) was called in to repair the water line that evening as well as repair the pavement. Because of the extensive damage to the intersection and the newly resurfaced street, the City insisted that the entire intersection be repaved. The total cost for the water line repair and pavement reconstruction now totals $23,356.47. Repairs were authorized under the City's emergency purchasing procedures. • AT&T Broadband Billings/Florida Communications Service Tax Simplification Law; The City received the attached notice dated September 4, 2001 from Ann Murphy describing a notice to be placed in customer billings for AT&T Broadband next month about the change in taxes because of recent Florida legislation. Also attached is a memorandum dated 9/12/01 from Nelson Van Liere with some comments about the new law and its effect on various communication providers. This should be self-explanatory. If you have any questions, Nelson plans to attend the Commission meeting and should be able to answer them. Hurricane Gabrielle; Damage resulting from Hurricane Gabrielle which passed by Atlantic Beach on September 14-15 was much lighter than expected. The City's Streets Division cut up and removed four trees that had fallen and partially blocked city streets. Minor flooding was evident in several areas, although it was much less severe than what occurred in the rainstorm approximately two weeks earlier. The Utility Department reports that there was a considerable amount of infiltration and inflow into the sewer system during the heavy rain and most of the City's lift stations were pumping at full capacity for several hours at a time. However, only three manholes began to surcharge and contractors were called out to pump down the levels and carry the wastewater to the plants. Donna Kaluzniak has estimated that only about 500 gallons was spilled into City's creeks and the DEP has been appropriately notified. Public Utility crews did a great job in anticipating when and where these problem areas would occur and getting contractors in quickly. Last, our waste hauler, BFI, has put on an extra truck to haul the debris beginning on Monday, • September 17th. They will continue with the extra truck as well as working extra hours (until 8:00 pm) each night until the debris is collected. BFI has agreed not to charge for the additional collections resulting from Hurricane Gabrielle even though our contract gives them authorization to do so. AGENDA ITEM#9 • SEPTEMBER 24,2001 • =AT&T Southeast Division AT&T Broadband 5934 Richard Street Jacksonville,FL 32216 September 4, 2001 Mr. Jim Hanson City Manager Atlantic Beach City Hall 800 Seminole Road Atlantic Beach, FL 32233 Subject: Implementation of the Florida Communications Services Tax Simplification Law on October 1, 2001 Dear Mr. Hanson, As you probably know, the Florida Legislature recently passed a new law regarding the collection of communications taxes. I would like to take this opportunity to briefly describe the impact of this new tax law on our cable customers' bills. • Effective with bills produced on or after October 1, 2001, cable customers will see two different line items on their monthly statements — a state communications service tax and a local communications service tax. These two taxes will replace all other taxes and the franchise fee that currently appear on the bills except the sales tax. The sales tax will now apply only to the sale or rental of equipment. For most of our customers, the net effect of the new tax structure will be an increase in their overall monthly cable bill. To help illustrate this change, attached is an example of the impact of the new tax structure on a typical $40 cable bill. We are notifying customers of the new tax structure via the following methods: 1) A bill insert explaining the new tax will appear with our customers' September statements. 2) We have produced informational video spots which will be running on our cable system prior to and during the implementation of the new tax structure. 3) A message will be placed on our automated phone system with information regarding the new tax. • :34c),' Recycled Paper AGENDA ITEM#9 SEPTEMBER 24,2001 • Furthermore, per the directive of the State of Florida, we will be referring any follow-up questions received from customers regarding the tax to the Department of Revenue at 1-800- 352-3671 and to their website at myflorida.com/dor. We will also inform customers they can write to the State at Tax Information Services, Florida DOR, 1379 Blountstown Highway, Tallahassee, FL 32304-2716. Despite all of these precautions and efforts to educate our customers, we do expect call volume to increase in October due to this tax change. Thank you in advance for your understanding of this expected concern. Finally, please note that all local franchise fees owing under the current fee structure for the period prior to the implementation of the new tax structure will be remitted to your community on or before December 31, 2001, pursuant to the requirements of the new tax law. We look forward to working with you and the State to limit confusion during this transitional time. As always, please call me at 619-3778 if you have any questions regarding this information. Sincerely, Ann Carter Murphy 111 Director of Public Policy Attachment • AGENDA ITEM#9 SEPTEMBER 24, 2001 • Sample Cable(Video)Monthly Statement October 1,2001 $40.00 Atlantic Beach Current Franchise Fee: 3.00% Future Conversion Rate: 7.12% Tier July 1 October 1 Itemized Services (tiers)* $37.80 Itemized Services(tiers)* $37.80 Remote Control/Converter** 2.20 Remote Control/Converter** 2.20 Subtotal $40.00 Subtotal $40.00 Sales Tax: Standard Converter and Sales Tax(all bill) 2.48 6.19% Remote Control 0.14 6.19% Franchise Fee City 1.20 3.00% Local Communications Service Tax 2.69 7.12% FCC Regulatory Fee 0.04 0.12% FCC Regulatory Fee 0.04 0.12% State Communications Service Tax 3.47 9.17% IIITOTAL $43.72 $46.33 Local Communications Service Tax is calculated as follows: Itemized Services x Local Conversion Rate(varies by Jurisdiction) State Communications Service Tax is calculated as follows: Itemized Services x Fixed State Rate of 9.17% Sales Tax is applied to Equipment Rental(Converter and Remote Only) *Based on a$37.80 monthly fee for video services,as an example. **Based on a standard converter and remote control together with a monthly fee of$2.20,as an example. Advanced/Digital converter is about$4.00 per month. III AGENDA ITEM#9 SEPTEMBER 24,2001 • MEMORANDUM Date: September 12, 2001 To: Jim Hanson, City Manager From: Nelson Van Liere, Finance Director Subject: Implementation of the Florida Communications Services Tax Simplification Law I have reviewed the September 4th, 2001 letter received from AT&T Broadband with respect to comments and sample bill presented and the effects on customers that the new tax structure will have. To clarify the presentation, you must note an error in the calculation: The error is in the existing rate indicated by the July 1 presentation. That presentation does not include the 1% Local Option Sales Tax that Duval County has imposed. This 1% tax consists of the Better Jacksonville Half Cent Tax and the previously existing half-cent sales tax that is currently charged and will continue to be charged. The October 1 presentation does include this rate as part of the Local Communications Service Tax of 7.12%. The presentation should therefore show an additional 41 cents for a total of$44.13 for the July 1 sample bill. This reduces the increase of the total sample bill to $2.20. • This letter does indicate that the average customer of cable services will experience an increase in their bill as a result of the new tax structure. This appears to be true. It is important to distinguish that although the implementation of the new tax structure may cause an increase in the overall cable bill, it may also cause a decrease in taxes paid for other services. The reason for this is that the whole philosophy of the new structure is to create a level playing field for all communications services so that one form of communication does not receive an unfair tax advantage over another. The rate imposed on communications was calculated by the State in an effort to replace a variety of existing taxes and fees on those same services with one uniform rate. All revenues related to communications, (franchise fees, municipal public service taxes, sales taxes and permit fees for communications services), that the City receives are being replaced. The revenues from existing sources were reported to the State by the City and also by the vendors providing the services to our citizens. The revenues were then compared and confirmed to be an accurate accounting of what the City of Atlantic Beach receives from all communications services. From this, a rate of 6.52% was then derived that would net the City the same revenues or as they say"keep the City revenue neutral". Although the City and the citizens in total are held revenue neutral, no one citizen will be neutral. The affects of the new tax structure on a particular citizen depend on their personal usage of the ever- growing wide variety of communication services. It would be impossible to make a statement of the effects of the new tax structure on individual bills that would be accurate for all citizens. Each • individual will be affected in a different way.