Fort Walton Beach Council agenda — 03-09-2010 Regular — reading text

year 2009110 beginning April 1, schedule of proposed rate adjustments included in the study for fiscal year 2010/ 11 through of each succeeding year 2013/ 14 with effective. dates of October 1, 2010 and October 1 g thereafter; have City Staff manage a CIP funding program that incorporates the use of long term debt to supplement reserve fund expenditures; and to reevaluate the water and wastewater rates. periodically or whenever significant changes occur in the cost, debt service or method of delivery of utility services. The Mayor asked if there was any public input. Mike Roche expressed his feeling that this is a -bad time to consider increases due to the economy, with job losses, a down turn in job revenues, and foreclosures. Brian Phillipson, 814 Linda Drive, Mary Esther, said the citizens are getting squeezed from -all sides and this is another 20% increase on the water bill, and asked Council to be serious about considering raising rates. The Mayor stated he and Council take the budget very seriously, they understand the issues, and are not `glib' about this issue. 49, 500 and was financed Cbristine. McPherson received clarification that the study cost $ Ms. through the' City's Utility Fund; which comes from water usage and is an enterprise fund. McPherson was also informed that the use of well water consumption by residents. is not a part of the study, and that the entire study will be available on the City's web site. Kabe Woods, 240 Brooks Street, received clarification that the increases are needed* for operational expenses because of the City's Interlocal Agreement with the County to treat .the City's wastewater. The City Manager advised the next step is for the City to provide a copy of the resolution each rate payer, which will be included in their water bill. He continued the resolution will be read and voted. on at the March 9 City Council meeting, and that. residents are invited to contact Council between now and March 9 with questions they might have. ADJOURNMENT There being no further business, the meeting adjourned at 5:58 pm. APPROVED: MAYOR: ATTEST: CITY CLERK Ive g_ 33-  Page 1 of 1 Brandy Wunker From: Toni Craig [ toni @tonicraig. info] Sent: Monday, February 01, 2010 1: 35 PM To: Brandy Wunker Cc: Robert Mearns Subject: FW: water rates Attached items are for your records. The 2,000 gallon minimum was never authorized by Ordinance as it should have been. Neither the 2001 resolution or the 2008 resolution setting fees can amend an ordinance from 1992. Attached also is my revised Ordinance 1820. This version is legally sufficient. As to the staff report, it is incorrect to say that the resolution effectively changed the base rate. However, the wording is your decision. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraie. info From: Dixie MacDonald [ mailto: dmacdonald @fwb.org] Sent: Friday, January 29, 2010 10: 27 AM To: Toni Craig Subject: water rates Toni, Here are the two ordinances you requested and one resolution I found. Dixie MacDonald Deputy City Clerk City of Fort Walton Beach 833 -9510 Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e -mail. 34- 2/ 1/ 2010 -  CITY COUNCIL MEETING March 9, 2010 Ordinance on First Reading Ordinance 1824 Amends Section 10. 10. 15, Cost, Payment for Lots, Crypts & Niches of the Code of Ordinances by adding Exception for Certain Persons" Synopsis: Amends current cemetery regulations to provide for no cost burial services for certain persons killed in the line o du Agenda Item Number: 6. 2  I ORDINANCE 1824 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 FORT WALTON BEACH, FLORIDA, AMENDING SECTION 5 10. 10. 15, ENTITLED COST, PAYMENT FOR LOTS, CRYPTS, 6 NICHES, OF THE CODE OF ORDINANCES BY ADDING 7 SECTION 10. 10. 15. 1 ENTITLED " EXEMPTION FOR CERTAIN 8 PERSONS;" DEFINING ELIGIBILITY; PROVIDING FOR 9 VERIFICATION OF STATUS; PROVIDING FOR ASSIGNMENT 10 OF CEMETERY PLOT OR WALL NICHE; PROVIDING FOR 11 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 12 13 NOW THEREFORE, BE IT ORDAINED BY THE CITY OF FORT 14 WALTON BEACH, FLORIDA, AS FOLLOWS 15 16 Section 1. Authority and Intent. 17 The authority for enactment of this ordinance is section 166. 021, Florida Statutes 18 ( 2009), and provisions of the City Charter. The City Council hereby declares that it is a 19 policy of the City that certain eligible persons who served either the City or the Nation 20 and have been killed in action in the performance of their duty may be provided a grave 21 plot or wall niche with interment services in a City cemetery at no cost. 22 23 Section 2. Amendment to Section 10. 10. 15 Cost, Payment for Lots, Crypts, 24 Niches: 25 Section 10. 10. 15, of the Code of Ordinances, is amended as follows: 26 27 10. 10. 15 Cost, Payment for Lots, Crypts, Niches: Each cemetery lot, 28 mausoleum crypt or cremains niche must be paid for prior to interment. 29 Any cemetery lot, mausoleum crypt or cremains niche shall be paid for in 30 full or by an agreement to purchase the same in installments which shall 31 be executed with the city. Such agreements shall be prepared by the city 32 manager and shall designate the type of interment, specific location, and 33 price and terms. A minimum down payment of 20 percent, the number of 34 months of the agreement, the interest rate of nine and one -half percent 35 ( simple interest), and the payment amount shall be specified in the 36 installment purchase agreement. " Immediate family," as used in this 37 section, means a spouse, parent, child, grandparent, brother, sister, mother - 38 in -law or father -in -law. 39 40 Section 10.10. 15. 1 Exemption For Certain Persons 41 Any sworn police officer or certified firefighter employed by the 42 city at the time of death and any active duty member of the United States 43 Armed Forces ( Army, Navy, Air Force, Marine Corps, Coast Guard) 44 whose residence at the time of death is within the city limits, who has been 45 killed in the line of duty is eligible for a city cemetery plot or wall niche 46 with interment services at no cost. Prior to the commencement of 35- 47 interment, the city shall verify the eligibility person whose remains 48 are to be interred pursuant to this policy. 49 The city reserves the right to determine which city cemetery plots) 50 or wall niche( s) are available for use by eligible persons and to assign a 51 plot or niche. 52 53 Section 3. SEVERABILITY 54 Should any section or provision of this ordinance, be found or declared invalid, 55 such decision shall not affect the validity of the remainder of the sections and provisions 56 of this ordinance. 57 58 Section 4. Effective Date. 59 This Ordinance shall take effect immediately upon approval by the City Council 60 and signature of the Mayor. 61 62 Adopted by the City Council on this day of 92010. 63 64 65 Mike Anderson, Mayor 66 67 68 Attest: Approved for form and legal sufficiency: 69 70 Helen Spencer, City Clerk Toni L. Craig, City Attorney 71 72 New language is underlined 73 Deleted language is str-ie ie 74 75 Codification: Section 1, 3, 4, are not codified; section 2 amends section 10. 10. 15 as 76 stated. 36-  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: March 2, 2010 TO: Honorable Mayor and Council Member FROM: Robert T. Mearns, City Manage SUBJECT: Ordinance 1824 - No Cost Graves for Certain Persons 1. Background 1. 1 At the City Council meeting held February 23, 2010, Councilmember Patterson discussed the possibility of the City providing graves and interment in a city cemetery ( Beal Memorial or Brooks Cemetery new addition) for city police and firefighters, and city residents who are members of the Armed Forces that are killed in action. 1. 2 The matter was discussed by Council and staff was directed by a majority vote of Council to prepare an enabling ordinance. 2. Discussion 2. 1 The ordinance was prepared by staff and reviewed by the city attorney. The ordinance provides for no cost graves and interment services for qualified persons 3. Financial Information 3. 1 The current cost of an upright monument grave plot is $ 850, and a flat monument is $ 700. Opening and closing a grave with the setup for funeral is $ 800. The current cost of a niche space is $ 595 and the open and closing with setup is $ 325. Weekend and holiday interment surcharges apply. 4. Recommendation 4. 1 Staff recommends that the City Council adopt Ordinance 1824 as it complies with Council direction. 37- THIS PAGE IS LEFT INTENTIONALLY BLANK 38-  CITY COUNCIL MEETING March 9, 2010 Ordinance on Second Reading Ordinance 1821 Amends Stormwater Utility Fee Synopsis: Per the City' s consulting engineer, revises the definition ofan Equivalent Residential Unit (ERU)for commercial Stormwater Utility fees, reducing commercial customerjees Agenda Item Number: 7. 1