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11-15-93 v MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 6 :30 PM ON MONDAY, NOVEMBER 15, 1993. Present were Mayor Fletcher, and Commissioners Rosenbloom, Shaughnessy, Waters and Weiss. Also present were City Manager Leinbach, City Attorney Jensen, and City Clerk King. Mayor Fletcher called the meeting to order and explained the meeting was being held for the purpose of receiving a status report from attorney, John DeVault, relative to the city' s law suit with Jacksonville; This would be followed by a question and answer period. The city attorney provided each commissioner with a copy of the amended complaint and a transcript of Jacksonville' s motion to dismiss. John DeVault also distributed copies of the interlocal agreement, and reports of other similar cases. Mr. DeVault explained the 1968 Florida Constitution contained a prohibition against dual taxation. Later legislation broadened the scope of the law and the Florida Supreme Court ruled that the purpose of the law was to assure that each taxing authority would pay its own way and not receive benefits at the expense of another governmental unit. He indicated he had strongly stressed this provision in the hearing the previous week before Judge Martin. Mr. DeVault felt that by entering into the interlocal agreement in 1982 with the four Duval County municipalities, the City of Jacksonville acknowledged that the municipalities were entitled to equitable adjustment in matters relating to services, and had agreed to an 18 . 8% millage differential . He indicated the complaint charged Jacksonville with breach of the 1982 agreement and requested a rebate of funds and interpretation of certain parts of the agreement. The complaint also challenged the millage differential between the county and the city. Mr. DeVault said Jacksonville had filed a motion to dismiss, their main arguments being that all the parties to the agreement were not included in the law suit and that the agreement indicated the differential would never be less than 18 . 8% but included no provision for a greater differential, which Atlantic Beach was seeking. Mr. DeVault said he expected to receive a ruling from Judge Martin in 2 - 4 weeks. He expected to get a trial date in the spring and hoped the matter could be settled through mediation. Discussion then ensued and Mr. DeVault indicated he felt the city had greater leverage and had a better chance of receiving a rebate by charging Jacksonville with breach of the interlocal agreement than by charging them with dual taxation. He indicated he had asked the court to require Jacksonville to abide by the agreement which could result in rebates or a reduction in millage, or Jacksonville may prefer to provide certain services. It was felt Page Two Minutes of Special Called Meeting November 15, 1993 advisable to continue the work of the advisory committee to be able to provide realistic figures in the event Jacksonville wished to negotiate. Mayor Fletcher suggested Mr. DeVault proceed to get a trial date and file motion to mediate. The city should start to prepare factual information to back up its case and plan an offer the city would be prepared to accept. Commissioner Waters felt he would rather continue with the law suit and have a decision from a judge and Mr. DeVault indicated he would propose to proceed in both directions and in the event negotiations were not successful, the city would then proceed with the trial . Commissioner Waters inquired in the event of a negotiated settlement, who would write the agreement and it was agreed Mr. DeVault would draft the agreement; if it went to court, the judge would write the terms. In response to a question from Commissioner Rosenbloom regarding the best and worst aspects of the matter, Mr. DeVault indicated the possibility of having to pay rebates to Atlantic Beach would be one of the biggest concerns to Jacksonville. Over a period of four years, which was the statute of limitations, the rebates could amount to five or six million dollars. However, Mr. DeVault indicated the interlocal agreement was very general and did not specify the obligations of the City of Jacksonville as precisely as he would like. It was agreed future dealings with the City of Jacksonville should be through Mr. DeVault who would work with Charles Arnold, Jacksonville ' s General Counsel, and Mr. DeVault would be the spokesperson for the city. It was agreed to get a trial date as soon as possible and Mr. DeVault recommended a bench trial rather than a jury trial . In further discussion, Mayor Fletcher indicated he felt the work of the previous committee had been completed and indicated he would appoint a fact finding committee to develop the data to be used in the event further negotiations are undertaken with Jacksonville. At Mayor Fletcher ' s request, Ray Salman agreed to chair such a committee. Commissioner Shaughnessy moved to establish a five-member fact finding task force to assist in developing facts in connection with the law suit with Jacksonville. The motion was seconded by Commissioner Weiss and was unanimously approved. It was agreed one commissioner and one staff member should serve on this committee Page Three Minutes of Special Called Meeting November 15, 1993 and the mayor appointed Commissioner Shaughnessy to represent the city commission and city manager was asked to present his recommendation relative to staff appointment at the meeting on Monday, November 22, 1993. There being no further discussion, Mayor Fletcher declared the meeting adjourned at 7:30 PM. Lyman T. Fletcher Mayor/Presiding Officer ATTES T: Maur n king City Clerk MINUTES OF THE WORKSHOP MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:30 PM ON MONDAY, NOVEMBER 15, 1993. The meeting was called to order by Mayor Fletcher. Present, in addition to the mayor, were Commissioners Rosenbloom, Shaughnessy, Waters, and Weiss. Also present were City Manager Leinbach, City Attorney Jensen, and City Clerk King. The meeting was held for the purpose of discussing goals and issues to come before the city commission within the next two years. At the workshop meeting on Monday, November 8, 1993, Mayor Fletcher had provided a list of issues to be discussed. The mayor indicated he would like to assign areas of primary responsibility to each commissioner and following discussion, responsibilities were assigned as follows: COMMISSIONER ROSENBLOOM: Budget Solid waste COMMISSIONER SHAUGHNESSY: Code Enforcement Beautification and Interlocal Agreement Task Force COMMISSIONER WATERS: Zoning Parks & Recreation Community Development Corporation/ Habitat U.S. Navy liaison COMMISSIONER WEISS: Awards committee Stormwater management (with emphasis on the Seminole Road ditch) Safe Neighborhoods committee MAYOR FLETCHER: Water and sewer committee Town Center Parking study Discussion ensued and Mayor Fletcher felt the Safe Neighborhoods committee should be activated. Police Chief David Thompson indicated a large number of people had been involved but no one had been appointed to chair the committee and it was not active at the present time. He felt a smaller committee whose members would be committed to meeting on a monthly basis, would be more effective. The City Manager was directed to contact the committee members to ascertain which members would be interested in continuing to serve, and report back to the city commission. In discussion relative to the various boards, it was agreed the boards should be independent of the city commission but it was agreed to provide the commissioners with either the minutes or a Page Two Minutes of Commission Workshop November 15, 1993 report of the actions of the boards so they would be informed of those activities. Discussion ensued relative to the Nuisance Control Board and Alan Jensen indicated the Code Enforcement Board had handled the nuisance complaints and had rendered the Nuisance Board useless. Chief Thompson explained the board had been formed primarily to handle drug offenses. The board had the power to shut down businesses which had been deemed to be a nuisance due to drug traffic but had been used only once. The City Manager was asked to review the matter and report back regarding the future of the board. Commissioner Waters felt the beaches cities had many mutual concerns and he felt efforts should be made to establish a dialogue with the newly elected officials in those cities. The city manager suggested holding a goal setting session in late January or early February in connection with the budget process and he agreed to provide a report of the 1992 goal setting session. There being no further discussion, the mayor declared the meeting adjourned at 8 :00 PM. I. Maure-n King / City Clerk