Fort Walton Beach Council agenda — 01-07-12 retreat — reading text

D Dear Mr. Patrick: My name is Hayward Dykes Jr., and I am the city attorney for the City of Fort Walton N Beach, Florida ( "City"). I have been provided a copy of your October 17, 2011 letter regarding Water and Wastewater Service cutoff to 434 Mary Esther Cutoff, Fort Walton Beach, Florida. I c p1 have spoken to city staff regarding the matters you raised in your letter, and am providing my m opinion on the proposed legal issues you raise. I also understand you are currently trying to get T services reconnected to the property so review of this matter is needed. Facts You state in your letter you were provided water and wastewater services to your property located 434 Mary Esther Cutoff from February 2008 through July 2008. On or about July 10, 2008, you received a letter from the City notifying you your " service" would be disconnected if payment of $64.20 was not made. You acknowledge you received the letter and disregarded it. You claim you were under the belief that if you did not respond to the letter your service would be automatically terminated, and the $ 64. 20 would be deducted from your meter deposit of $170. 00 with any remainder returned. You acknowledge receiving a second letter on or about August 6, 2008, from the City, which notified you that your " service" would be disconnected unless you paid $ 157. 86. Yet again you did not respond to this letter and failed to contact anyone at the City believing this an oversight. You state that you received a final letter on September 8, 2008 notifying you your " service" will be disconnected unless you pay $ 256.20. Following a phone conversation with City staff you were asked if you wished to close your " account' with the City. This you claim was confusing since you thought your services had already been disconnected after 30 days. You believe based on your research into Florida law and language in the City ordinances the fees and practices employed by the City are unlawful. Packet Pg.,.140  4. 8. b City of Fort Walton Beach, Florida —Larry Patrick Ltr. December 22, 2011 Page 2 Analysis In reviewing the legal issues you raised in your letter, I spoke with the City Manager and the Finance Director, I reviewed the applicable City Ordinances regarding billing (Chapters 10. 52 and 10. 53), and the Utility System Revenue Bonds, Series 2005 and city ordinance No. 1633 Additionally, I reviewed the Florida Statutes you citied in your letter along with your previous bills and past correspondence from the City about your account. Based on my review of the foregoing I do not agree the City broke any federal, state, or local laws. As noted in Ms. Barnes' letter from 2009, while services are discontinued after 30 days, your account remains open. While your account remained open the City was entitled to continue to bill your account according to Sec. 10. 52.02. The City does not close an account after 30 days to prevent a burden for customers who may miss payment of a bill due to oversight or neglect. It is the City' s policy to leave a customer' s account open for up to 60 days, unless notified by the customer to close the account earlier. This gives customers the ability to pay the past due bills for services, without incurring the additional costs of reestablishing an account which would include the posting of another deposit. Only after non -payment for 60 days is the City then forced to close an account to limit loss whether or not staff has heard from the customer. While you may not agree with this policy, this is how many cities throughout the state handle such matters, and there is nothing illegal about employing such a policy. c Conclusion M D Based on the above it is my opinion it was the lack of communication regarding your account which resulted in the additional charges you now dispute three years later. Had you notified ti the City to close your account, no additional charges would have been incurred. While it is Y v unfortunate you feel the charges are unlawful, I do not see that the City violated any laws. I will q speak with city staff and the city manager about what measures, if any, the City may be able to take Z to better prevent the likelihood of this type of confusion in the future. JN The city manager has advised that the previously waived late fees and administrative charges will remain waived, but you will be required to pay the outstanding balance still owed on ac the account prior to services being reestablished to your property. 1 hope this has clarified the matter n for you and clearly sets forth the City' s position. If there are questions regarding this letter do not hesitate to give me a call. U Yours truly, c Hayward Dykes, Jr., Esq. ruEEm a cc: City Council City Manager Finance Director Packet Pg. 141  4. 9 City Council of Fort Walton Beach 0 To: CITY MANAGER MEMORANDUM Robert T. Meams, City Manager From: Carole Jones, Executive Assistant Date: January 7, 2012 Subject: Partnering Opportunities with Okaloosa County ATTACHMENTS: Memo OC Partnering Opportunities ( DOC) SIGNATURE BLOCK: Carole Jones Completed 12/ 20/ 2011 4: 38 PM Carole Jones Completed 12/ 20/ 2011 4: 38 PM Completed 12/ 21/ 20119: 13 AM City Manager City Council Pending Packet Pg. 142  4.9. a CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: December 20, 2011 TO: Honorable Mayor and Council Members FROM: Robert T. Meams, City Manager SUBJECT: Partnering Opportunities with Okaloosa County 1. Background 1. 1 The City has entered into several interlocal agreements with Okaloosa County that could be considered partnerships. Among them arc: 1. 1. 1. Building official and building inspection services. 1. 1. 2. Wastewater Treatment. 1. 1. 3. Fueling services 1. 1. 4. Storrnwater improvements 1. 1. 5. Road paving 1. 2 City staff has been working with the county on consolidation of 12. 1. Fleet Maintenance services 1. 2.2. Recreation Services 1. 3 The City has several other relationships with the county that are not truly partnerships but rather are service area driven. They are 1. 3. 1. Emergency patient transportation 1. 3. 2. E. O. C. operations Packet Pg. 143  4.10 City Council of Fort Walton Beach 0 To: CITY MANAGER MEMORANDUM Robert T. Meams, City Manager From: Carole Jones, Executive Assistant Date: January 7, 2012 Subject: Red Light Cameras SIGNATURE BLOCK: Carole Jones Completed 12/ 22/ 2011 10: 41 AM Carole Jones Completed 12/ 22/ 2011 10: 41 AM Completed 12/ 22/ 2011 11: 52 AM City Manager City Council Pending Packet Pg. 144  City of Fort Walton Beach America' s Most Beautiful Beaches 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 850) 833 -9500 * Fax ( 850) 833 -9640 TDD ( 850) 833 -9925 Helen Spencer City Clerk Jimc ary 4, 2012 Tel 850 -833 -9509 hspencer@fwb. org Fax # 863 -7834 CO: DAILY NEWS Fax # 243 -6806 CUMULUS BROADCASTING 99 Rock WYZB Radio Country 105 WFTW Talk Radio 1260 Fax # 994 -7191 W WSF RADIO 98 SURF WPSM RADIO 91. 1 FM Fax# 244 -3068 STAR BROADCASTING Fax # 243 -1471 98. 1 100.3 1400 AM DES TIN LOG Fax # 654 -5982 WEAR CHANNEL 3 TV Fax # 862 -3001 CHANNEL6 Fax# 862 - 1708