Exh 3AAGENDA ITEM #3A
SEPTEMBER 25, 2000
`~
September 15, 2000
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- ___
MEMORANDUM
TO: The Honorable Mayor
and Member of the Commission
FROM: Jim Ha n
,,---6~age~ ---"~
SUBJECT: Follow-u eport
The following are responses to questions and requests for additional information that were made
in recent City Commission meetings.
Options for Declining Pay Increases; During the discussions about the proposed increase to
salaries for the Mayor and Commission, the possibility of an elected official declining their raise
until the next election was raised. Staff has since found two options that are available to elected
officials if they choose to turn the raise down. The first option is outlined in a memo from Alan
Jensen, a copy of which is attached. He indicates that a Commissioner may decline all or any
portion of the salary. The staff would need to have this in writing and, once received, that elected
officials pay would be reduced to the amount specified. In this case, no taxes would be withheld
for the portion of the salary that has been declined. A second option is for the City to direct the
gross or net portion of an elected officials raise to a charity of their choice. Staffwould also have
to receive instructions to this effect in writing. If the elected official chose to send the gross
amount of the increase to a charity, then all appropriate taxes would be withheld and ultimately
paid by the elected official.
Return on Investment Policy for the Buccaneer Water/Sewer System; A discussion was held
at the last Commission meeting concerning the City transferring funds from the utilities budget to
the general fund. Since that meeting, staff has located a provision in the City code that relates
directly to that issue. Section 22-2 "Return on Investment Policy for Buccaneer Plant" states as
follows;
"The additional. rates charged by the Buccaneer System to customers outside the City
pursuant to Section 22-27(2) for water and Section 22-167(B) for sewer shall be
considered a return on investment, and such return on investments shall be contributed to
the general fund of the City on an annual basis."
This provision does not prohibit the Commission from ending this practice in the future, although
a change to the City code through the ordinance process would be appropriate if you choose to
do so.
AGENDA ITEM #3A
SEPTEMBER 25, 2000
.~,
Sound Enclosures at Buccaneer Wastewater Plant; The sound enclosures have now been
installed permanently and electric wiring hooked up so that the doors can be closed. Theaevel of
noise from the blowers has been reduced dramatically, although new sound readings have yet to
be taken.
12~' Street No Parking Signs; At the last Commission meeting, a concern was raised about
prohibiting parking on both sides of 12`~ Street and the signs facing the center of the street. The
no parking sign on the north side of the street has since been removed and the no parking sign on
the south side has been turned so that is faces oncoming traffic
Flants Obstructing Parking Spaces at 11~ Street Beach Access; These plants have been
trimmed since the last Commission meeting.
ALAN JENSEN ATTY 234 P02 ` AGENDA ITEM #3A
SEPTEMBER 25, 2000
~~ C.
Attoxney at ~ aw
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,~"- 935 Nosth Zhird Street
Pas! O~'rcp Box 30457
Jasksazzville Bes-clt, Flnrida 32?d0.0~t57
Telepho~ae (904) 2a6-25{10 Facsimile (9134) 2d6-9960
FAX ~1~FMO~t~'-~NDIT11~
DATA: September 6, 2080 die:
TO:
COMPANY:
FAQ NUMBER:
NUb2~Ftt OF PAGES:
FROIvf;
CJ~EN'T1MA,7'I~R NO.:
George:
George A. Foster, Human. Resource Manager
City of Atlantic Beach
(904) 2~7--5805
~„ (ulcluciiing Cover sheet)
ALAN C. JENSEN, ESQ.
Ciry Commission Pay Raises
MESSAGE
You have insiuired regarding the legality of a cuy aomnlissionear declining an incxeace in his salary
resulting fxoru the passage of Orditrzance No. 5-0U-34, which wa_c passed on final r~eeadirlg by the
City Commission on August 28, 200Q.
Tn my opinion, a city commissioner may decline all ar any ~ of the teary pzvvided for theiz
- services ixl Chaptear 2 of the Code of Ordinances of ttze City of Atlantic Beach. Thezefore, if a
comrtlissioner desires to serve wittlout pay or to sezvc at the pay w}aich was in effect at the time of
their elec#ion and not accept an ioncz~ase in that pay as provided by the ordiztaltce just passed, that is
perfectly legaf .
If you have a>ay questions ox if I can provide any furttzez information to you in this xeg~arcl, please
do not hesitate to coxrtact me.
Alan
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Postal SerYiCe. Thaulc yea.