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11-18-74 v MINUTES OF SPECIAL MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, NOVEMBER 18, 1974, AT 8:00 P. M. PRESENT: William S . Howell, Mayor-Commissioner L. We Minton, Jr. Robert R. Rosborough, II F. W. Fogg Robert B . Cook, Sr. , Commissioners AND R. C. Vogel, City Manager Oliver C . Ball, City Attorney Gloria June Knight, City Clerk ABSENT None The meeting was called to order by Mayor-Commissioner, Mr. Howell . He stated that the purpose of the meeting was to discuss the amount of money the City of Jacksonville owes the City of Atlantic Beach through Revenue Sharing. Mayor Howell presented to the City Commission and members of the audience a Revenue Sharing Analysis prepared by the City of Jacksonville . Mayor Howell explained the Revenue Sharing Analysis. Under the heading "Other Distribution - Ad Valorem (In Lieu of General Services) , " that amount stated on the analysis is $87, 201. This amount has been passed on to the City of Atlantic Beach. The Constitution of the State of Florida provides that a county may levy up to 10 mills; a school district may charge up to 10 mills and a municipality may charge up to 10 mills for the operation of the government . Several years ago, the consolidated government was levying a county tax in excess of 10 mills.. The City of Jack- sonville passed an ordinance stating that they would pass through to the three beaches and the Town of Baldwin, 95% of the millage over 10 mills in lieu of services that they did not provide . Throughout Duval County) Jacksonville provides certain municipal services; to wit, police protection, fire protection, public health services, libraries, county courts, etc. The City of Atlantic Beach has taken the position that the figure of $87, 201 was passed through to the city for providing to the City of Atlantic Beach those ser- vices that they are providing throughout the rest of the county but which they are not providing to us and for which we are being taxed. The next item is "Life Guards" , which they have passed through some $7, 525 . The city' s position on this has been that this goes back to pre-consolidation days. The City of Atlantic Beach was provi- ding life guard services for certain areas north of our city limits. MINUTES NOVEMBER 18, 1974 PAGE TWO This service has never been requested from the consolidated govern- ment and our position on this $7, 525 is that we have been providing services to the people of Duval County in the area of protecting lives . The third item is "Alcoholic Beverage License . " Our auditor is attempting to find out exactly what amount the City of Atlantic Beach was due from the State of Florida. If the City of Jacksonville passed through too much money, then the city stands ready to reim- burse the consolidated government for any over-payment the city received. On the "Occupational License" figure of $17, 480, there is no quest- ion but that some sort of adjustment will have to be made in this figure. Here again, the City of Atlantic Beach stands ready to reimburse the consolidated government if the city received too much money. Common Distributions° "Beaches Hospital" - The City of Jacksonville has deducted a total of $992,419. Jacksonville states that the Cities of Atlantic Beach, Neptune Beach and Jacksonville Beach owe this amount . Mayor Howell stated that some years ago, the beaches decided that they needed medical facilities at the beach. A bill was drafted that was approved by the voters which set up the Duval County Beaches Hospi- tal District. This district was made up of an area east of the Intracoastal Waterway, north of the St ,. Johns County line and south of the St . Johns River. The beaches operated this hospital until consolidation. Following consolidation, the Beaches Hospital, under the consolidated charter did retain a degree of autonomy. In 1971 a vote was held wherein the Beaches Hospital became a true agency of the City of Jacksonville. The hospital board is appointed by the Mayor of Jacksonville, is confirmed by the consolidated council and they present to the consolidated council their budget. The consolidated council approves the budget. The City of Jacksonville is asking the City of Atlantic Beach to refund money that they have appropriated through their council . The beaches have abso- lutely no control over the hospital and there is no legal way that the city could appropriate funds to the Beaches Hospital. MINUTES NOVEMBER 18, 1974 PAGE THREE Under "Beach Erosion" , the City of Jacksonville contends that the three beaches should pay $600,000 for beach erosion. First of all, the Corps of Engineers and the Federal Government have always dealt with the county as the governing authority on beach erosion. The City of Atlantic Beach is a political entity and have never l':J3n contacted as to whether or not we were obligated or were we interested in this beach re-nourishment, Under Florida Statutes 161025, which consistently refers to the county as the governing authority to deal with beach erosion, certain funds have been appropriated for beach erosion that were never entered into by the City of Atlantic Beach. Beach erosion is a county function for which the City of Atlantic Beach pays county taxes , The City of Atlantic Beach is not responsible for this money. The last item on the Revenue Sharing Analysis is "County Occupa- tional Licenses" , Jacksonville has added $3, 515 that they owe to the City of Atlantic Beach. Mayor Howell stated that the Supreme Court ruled that the beaches and the Town cf Baldwin are municipalities and/or quasi-munici- palities and under the state law the position of the City of Atlantic Beach is that the City of Jacksonville owes us $427, 088 from State Revenue Sharing . The funds that the City of Jackson- ville claims we owe are funds that were passed through to the city by their own ordinances, brought about by discussion and/or history, The money for the Beaches Hospital and Beach Erosion is an entirely different matter than the Revenue Sharing that should be received by the City of Atlantic Beach. Mr, Ball, City Attorney, stated that the position of the City of Atlantic Beach should be that the City of Jacksonville owes us approximately $400, 000, Jacksonville wishes to impose upon the City of Atlantic Beach other matters, such as the Beaches Hospital and Beach Erosion. Commissioner Minton stated that if court action is necessary then the City of Atlantic Beach should pursue this course, After lengthly discussion, it was moved by Commissioner Minton, seconded by Commissioner Fogg and carried that the City Attorney be autho- rized to move ahead into further legal proceedings if this becomes necessary, or make some compromises on their claim for what the City of Atlantic Beach owes subject to the approval of the City Commission MINUTES NOVEMBER 18, 1974 PAGE FOUR There being no further business Mayor Howell declared the meeting adjourned. 1 , A , ,.i-m 11, Mayor (Seal) P C �� ATTEST: deSgea--- Gloria Ju Knight, Cit-/Clerk