Special City Council Meeting held September 10, 2012 Regular City Council Meeting held September 17, 2012

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1 CITY OF JACKSONVILLE BEACH FLORIDA MEMORANDUM TO: The Honorable Mayor and Members of the City Council City of Jacksonville Beach, Florida Council Members: The following Agenda of Business has been prepared for consideration and action at the Regular Meeting of the City Council on Monday, October 1, 2012, at 7:00 P.M. in the Council Chambers, 11 North Third Street, Jacksonville Beach, Florida. Opening Ceremonies: Invocation Salute to the Flag Roll Call 1. APPROVAL OF MINUTES: Special City Council Meeting held September 10, 2012 Regular City Council Meeting held September 17, ANNOUNCEMENTS: 3. COURTESY OF THE FLOOR TO VISITORS: 4. MAYOR AND CITY COUNCIL: 5. CITY CLERK: 6. CITY MANAGER: (a) Consideration of Proposal to Reserve Parking for Low-Speed Vehicles at Designated Points on First Street, South. (b) Donation of Surplus Decorative Banners to the Red Cross. (c) Approve a Lease Agreement for MasTec North America, Inc. at the Jacksonville Beach Industrial Park. (d) Approve Bid No Plumbing, Painting, Electrical & HVAC for 36 months. RC121001agn Page 1 of 3

2 Memorandum, Mayor and City Council City Council Agenda for October 1, RESOLUTIONS: (a) RESOLUTION NO A RESOLUTION TO AMEND RESOLUTION NO , AS PREVIOUSLY AMENDED, ADOPTING A SCHEDULE OF PERMIT AND LAND DEVELOPMENT CODE APPLICATION FEES FOR THE CITY OF JACKSONVILLE BEACH, FLORIDA, BY ADDING A NEW FEE CATEGORY AND AMOUNT FOR AN APPLICATION FOR A TEMPORARY EXTENSION OF THE LICENSED PREMISES FOR THE SALE OF ALCOHOLIC BEVERAGES. 8. ORDINANCES: (a) ORDINANCE NO SECOND READING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH, FLORIDA; AMENDING CHAPTER 4. ALCOHOLIC BEVERAGES, BY ADDING A NEW SECTION 4-5. TEMPORARY EXTENSION OF LICENSED PREMISES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. (b) ORDINANCE NO SECOND READING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH; AMENDING CHAPTER 2, ARTICLE V, DIVISION 7, FIREFIGHTERS RETIREMENT SYSTEM; AMENDING SEC ; PROVIDING FOR CORRECTION OF AN INADVERTENT ERROR BY REINSTATING THIRTY (30) YEAR RETIREMENT OPTION; AMENDING SEC ; PROVIDING FOR CORRECTION OF AN INADVERTENT ERROR OMITTING THE STRAIGHT LIFE ANNUITY OPTION FORM OF RETIREMENT PAYMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. (c) ORDINANCE NO SECOND READING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH; AMENDING CHAPTER 2, ARTICLE V, DIVISION 6, POLICE OFFICERS RETIREMENT SYSTEM; AMENDING SEC ; PROVIDING FOR CORRECTION OF AN INADVERTENT ERROR BY REINSTATING THIRTY (30) YEAR RETIREMENT OPTION; AMENDING SEC ; PROVIDING FOR CORRECTION OF AN INADVERTENT ERROR OMITTING THE STRAIGHT LIFE ANNUITY OPTION FORM OF RETIREMENT PAYMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. RC agn Page 2 of 3

3 Memorandum, Mayor and City Council City Council Agenda for October 1, 2012 (d) ORDINANCE NO SECOND READING AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH; AMENDING CHAPTER 2, ARTICLE V, DIVISION 5, GENERAL EMPLOYEES RETIREMENT SYSTEM; AMENDING SEC ; DIVISION 6, POLICE OFFICERS RETIREMENT SYSTEM; AMENDING SEC , DIVISION 7, FIREFIGHTERS RETIREMENT SYSTEM; AMENDING SEC , PROVIDING FOR CORRECTION OF SCRIVENER S ERRORS IN ORDINANCE NOS , , AND WHICH DESCRIBED THE FORM OF PAYMENT II LIFE WITH FULL CONTINUATION TO SURVIVOR BENEFICIARY; AS LIFE WITH FULL CONTRIBUTION TO SURVIVOR BENEFICIARY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Respectfully submitted, /s/george D. Forbes CITY MANAGER GDF: cmm 09/27/2012 If a person decides to appeal any decision made by the City Council with respect to any matter considered at any meeting, such person may need a record of the proceedings and, for such purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The public is encouraged to speak on issues on this Agenda that concern them. Anyone who wishes to speak should submit the request to the City Clerk prior to the beginning of the meeting. These forms are available at the entrance of the City Council Chambers for your convenience. In accordance with the Americans with Disabilities Act and Section , Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk s Office at (904) , ext. 10, no later than 12:00 PM, Friday, September 28, RC agn Page 3 of 3

4 Minutes of Special City Council Meeting held Monday, September 10, 2012, at 6:00 P.M. In the Council Chambers, 11 North 3 rd Street, Jacksonville Beach, Florida. CALL TO ORDER: Mayor Fland Sharp called the meeting to order. ROLL CALL: Mayor: Fland Sharp Council Members: Lee Buck Penny Christian Steve Hartkemeyer Rick Knight Tom Taylor Jeanell Wilson Also present was City Manager George Forbes, and City Clerk Judy Bullock. PURPOSE OF MEETING Mayor Sharp advised that the purpose of the meeting was to adopt a proposed millage rate and a tentative operating budget for fiscal year and made the following statement: The first item to be discussed is the Proposed Millage Rate. The budget for the City of Jacksonville Beach was prepared using the millage rate of $ mills. The rolled back millage rate is $ mills. The proposed rate of $ mills is equal to the rolled back millage rate. The second item to be discussed is the Tentative Operating Budget. The tentative operating budget for Fiscal Year is $164,854,246. Public Hearing: At this time, Mayor Sharp opened a Public Hearing on the Proposed Operating Budget and Tentative Operating Budget. Speakers: Darrell Shields, 315 North 18 th Street, Jacksonville Beach Mr. Shields stated that he was not opposed to adoption of the rolled back millage rate. James Sorrell, 1410 Pinewood Road, Jacksonville Beach Mr. Sorrell provided a handout of his comments (copy on file) and spoke in opposition to the rolled back millage rate. Charlie Latham, 2016 Gail Avenue, Jacksonville Beach Mr. Latham spoke in opposition to the rolled back millage rate and suggested that the Council begin working on the budget earlier in the year. SC min Page 1 of 4

5 Minutes of Special City Council Meeting held Monday, September 10, 2012 Keith Doherty, 927 North 4 th Avenue, Jacksonville Beach Mr. Doherty spoke in opposition to the rolled back millage rate and voiced his concerns that the City would be setting a precedent in taking monies from the reserve fund to balance the budget. He also asked if it was too late in the process to cut non-essential items from the budget. Christine Hoffman, 1026 North 13 th Street, Jacksonville Beach Ms. Hoffman spoke in opposition to adoption of the rolled back millage rate of the beach cities. Lance Folsom, 1022 North 23 rd Street, Jacksonville Beach Mr. Folsom spoke in opposition to adoption of the rolled back millage rate. He suggested charging fees for recreation services to other communities and suggested that a millage rate slightly below the rolled back millage rate be approved. Seeing no other speakers, Mayor Sharp closed the Public Hearing. RESOLUTIONS 1 st Motion on Operating Millage Rate: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt a millage rate for operating purposes, of $ dollars, Resolution No Discussion Mayor Sharp suggested that the Council have an open discussion concerning the millage rate and budget. Ms. Wilson spoke in opposition to the rolled back interest rate and stated that there are places in the budget where additional cuts could be made. Ms. Wilson added that Jacksonville Beach has the highest millage rate of the three beach cities. Mr. Buck questioned if Mr. Doherty s questions/suggestions were even. Mayor Sharp spoke against the use of reserve funds for operating expenses. Mr. Knight remarked that the budget was an estimate of the costs the City will need for the ensuing year. He added that the new members of the Council would have an opportunity to make changes to the budget and that the City can find ways to save money throughout the year. Mr. Knight stated that he was going to vote against the rolled back millage rate and vote in favor of the operating budget. Mr. Hartkemeyer read an excerpt from a letter from a citizen in favor of the rolled back millage rate, to ensure that they continue to live in a safe community. Mr. Hartkemeyer stated that he has heard repeatedly from residents that they are willing to pay a slightly higher tax to ensure their quality of life. Mr. Taylor expressed his appreciation to Mr. Forbes and city employees. He commented that the Council will be making some difficult decisions. Mr. Taylor added that he plans to vote against the rolled back millage rate and yes on the proposed operating budget. SC min Page 2 of 4

6 Minutes of Special City Council Meeting held Monday, September 10, 2012 Mr. Buck extended his appreciation to the City Manager and city employees for cutting costs. He cited all of the empty desks and offices throughout the City. Mr. Buck stated that he is in full support of the budget, but is not in favor of borrowing from reserve funds. Mr. Forbes thanked the Council and Citizens for their kind comments and offered the following information. The proposed budget under consideration is $1.4 million less than the 2007 budget. With the rolled back rate, the City will receive less in property taxes than in The pension costs are a major issue. The City s contribution to the pension in 2004 was $176,000 and this year will be $2.6 million. Mr. Forbes stated one reason to adopt the rolled back millage rate is due to Amendment 4, which will greatly reduce property tax revenues, if approved by the voters in November Mr. Forbes continued noting that the City has continued to move forward and improve the quality of life by absorbing rising costs. Mr. Forbes added that the other beach cities have lower millage rates, but they are not required to provide the same services as Jacksonville Beach, i.e. firefighting, recreation, etc. Before concluding his comments, Mr. Forbes pointed out that the average homeowner pays approximately $48.38 per month for the services provided by the City. Mayor Sharp clarified that the pension problems are due to unfunded mandates by the State of Florida not problems created by the cities or counties. Mayor Sharp advised that he had checked into what the taxes would be for the median home priced at $200,000. He found that the rolled back rate would result in an additional $17.59 per year or $1.47 per month. He advised, for a small increase you can keep the community cleaner, safer and a good place to live. He went on to explain that the amount of property taxes the City receives is less than the Police Department budget. Mayor Sharp stated that he was going to vote for the small increase in taxes because it is the right thing to do, for the right reason. Roll call vote on Operating Millage Rate of $ mills: Ayes Buck, Hartkemeyer, and Mayor Sharp; Nays Christian, Knight, Taylor, Wilson. The vote failed by a 4 to 3 vote. 2 nd Motion on Millage Rate: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt the Operating Millage Rate for the City of Jacksonville Beach, Florida is $ mills, which is 3.0% less than the rolled-back rate of $ mills. Roll call vote on Operating Millage Rate of $ mills: Ayes Christian, Hartkemeyer, Knight, Taylor, Wilson, Buck, and Mayor Sharp; motion carried unanimously Operating Budget: Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt a Resolution of the City of Jacksonville Beach, Florida, adopting the Operating Budget for the Fiscal Year beginning October 1, 2012, and ending September 30, 2013; of $164,854,246. SC min Page 3 of 4

7 Minutes of Special City Council Meeting held Monday, September 10, 2012 Mr. Forbes advised that an amendment was needed because adoption of the millage rate of $ reduces the taxes collected by $221,905, which reduces the revenues by $221,905, allowing use of $221,905 from the reserve account. Motion to amend: It was moved by Ms. Christian, seconded by Mr. Buck, to amend the budget to reflect a decrease in the millage rate of $ and allow use of $221,905 from the reserve account. Roll call vote: Ayes Hartkemeyer, Knight, Taylor, Wilson, Buck, Christian, and Mayor Sharp; motion carried unanimously. Motion to Adopt Operating Budget: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt the Operating Budget for Fiscal Year for $164,854,246 - Resolution No Roll call vote: Ayes Buck, Hartkemeyer, Knight, Taylor; Nays Christian, Wilson, and Mayor Sharp. Motion carried by a vote of 4 to 3. ORDINANCES ADJOURNMENT There being no further business coming before the Council, Mayor Sharp adjourned the meeting at 6:55 p.m. Submitted by: Judy L. Bullock City Clerk Approval: Fland O. Sharp, Mayor Date: October 1, 2012 SC min Page 4 of 4

8 Minutes of Regular City Council Meeting Held Monday, September 17, 2012, at 7:00 P.M. In the Council Chambers, 11 North 3 rd Street, Jacksonville Beach, Florida. CALL TO ORDER: Mayor Fland Sharp called the meeting to order. OPENING CEREMONIES: Invocation was by Council Member Buck, followed by the Salute to the Flag. ROLL CALL: Mayor: Fland Sharp Council Members: Lee Buck Penny Christian Steve Hartkemeyer Rick Knight Tom Taylor Jeanell Wilson Also present was City Manager George Forbes, City Clerk Judy Bullock and Senior Secretary Catherine Martinich. APPROVAL OF MINUTES It was moved by Ms. Christian, seconded by Mr. Buck, and passed, to approve the following minutes, as presented: Special City Council Meeting held September 4, 2012 Regular City Council Meeting held September 4, 2012 ANNOUNCEMENTS COURTESY OF THE FLOOR TO VISITORS MAYOR AND CITY COUNCIL (a) Boy Scout Troup 15, Scout Master Tom Brown Scout Master Tom Brown and members of Troop 15 were introduced and welcomed to the meeting. CITY CLERK CITY MANAGER (a) Monthly Financial Reports Month of August 2012 Motion: It was moved by Ms. Christian, seconded by Mr. Buck, and approved, to accept the Financial Reports for the month of August (b) Authorize the City Manager to Sign a Use of Right of Way Permit for 415 Pablo Avenue LLC (Favor-Gray LLC, Building Contractors) to Allow Encroachments Into the Public Right of Way of RC min Page 1 of 5

9 Minutes of Regular City Council Meeting held Monday, September 17, 2012 Up to One (1) Foot to Allow Application of a Brick Veneer Façade and Up to Five (5) Feet to Allow Construction of Second Floor Balconies on the South Side of the Existing Building. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to authorize the City Manager to sign the Use of Right of Way Permit for the property located at 415 Pablo Avenue. Speaker: A presentation was given by Keith Favor and Jim Gray of Favor-Gray, LLC Building Contractors, 3652 South 3 rd Street, Suite 200, Jacksonville Beach. Discussion: Mr. Favor and Mr. Gray explained the plans for renovation of the building at 415 Pablo Avenue, and the need for their request for right-of-way. Samples of the bricks chosen for the exterior renovation were provided to Council for examination. Mr. Gray stated that the property is a historical site and has been in use since Their goal was to make the building look historic in keeping with the area. Ms. Wilson asked Mr. Forbes about maintenance standards for the balconies. Mr. Forbes explained that the contract is a right-of-way permit and it requires that all facilities are maintained in good condition, if not then the permit will be revoked. Mr. Forbes noted that the permit/contract was well written. Ms. Wilson asked what department would ensure that the liability insurance is kept up-todate. Mr. Forbes responded that the Finance Department receives the insurance certificates and reviews them annually. Roll call vote: Ayes Buck, Christian, Hartkemeyer, Knight, Taylor, Wilson, and Mayor Sharp; motion carried unanimously. RESOLUTIONS Resolution No Mayor Sharp requested that the City Clerk read Resolution No , by title only; whereupon Ms. Bullock read the following: A RESOLUTION AMENDING THE OPERATING BUDGET OF THE CITY OF JACKSONVILLE BEACH, FLORIDA. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Resolution , as read by title, authorizing the year-end budget adjustment. Ms. Wilson asked about the monies for the cost of the Surf Camp and who runs the camps. RC min Page 2 of 5

10 Minutes of Regular City Council Meeting held Monday, September 17, 2012 Mr. Forbes responded that the funds are from fees charged and confirmed that the camp is operated by the City. Roll call vote: Ayes Christian, Hartkemeyer, Knight, Taylor, Wilson, Buck, and Mayor Sharp; motion carried unanimously. ORDINANCES Ordinance No First Reading Mayor Sharp requested that the City Clerk read Ordinance No , on its first reading, as read by title only; whereupon Ms. Bullock read the following: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH, FLORIDA; AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES, BY ADDING A NEW SECTION 4-5, TEMPORARY EXTENSION OF LICENSED PREMISES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Ordinance No , on its first reading, as read by title, to amend Chapter 4 Alcoholic Beverages to add a new Section 4-5 Temporary Extension of Licensed Premises regulating the temporary extension of the licensed premises for the sale of alcoholic beverages on private property. Speaker: Andrew Zarka, European Street Café, 992 Beach Boulevard, Jacksonville Beach Mr. Zarka explained the research he conducted for the permit and gave details of an Oktoberfest they would like to conduct on their property. Mr. Buck spoke in favor of businesses having additional events on premises. Mr. Forbes explained the Extension of Premises Ordinance is for businesses to be able to sell alcohol outdoors, on their property. This ordinance was written with specific guidelines to follow, is issued only twice each year, with specific requirements that must be met to obtain the permit. This permit will not be given on Federal holidays. Mr. Forbes complemented Mr. Zarka for his efforts, by providing information to Mr. Lindorff for the draft ordinance, and working hand-in-hand with the City. Roll call vote: Ayes Hartkemeyer, Knight, Taylor, Wilson, Buck, Christian, and Mayor Sharp; motion carried unanimously. Ordinance No First Reading Mayor Sharp requested that the City Clerk read Ordinance No , on its first reading, as read by title only; whereupon Ms. Bullock read the following: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH; AMENDING CHAPTER 2, ARTICLE V, DIVISION 7, FIREFIGHTERS RETIREMENT SYSTEM; AMENDING SEC ; PROVIDING FOR RC min Page 3 of 5

11 Minutes of Regular City Council Meeting held Monday, September 17, 2012 CORRECTION OF AN INADVERTENT ERROR BY REINSTATING THIRTY (30) YEAR RETIREMENT OPTION; AMENDING SEC ; PROVIDING FOR CORRECTION OF INADVERTENT ERROR OMITTING THE STRAIGHT LIFE ANNUITY OPTION FORM OF RETIREMENT PAYMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Ordinance No , on its first reading, as read by title, which corrects inadvertent errors that deleted a normal retirement option and omitted a pension payment option in the Firefighters Pension Plan. Mr. Forbes explained that in 2001 the City was required to amend pension ordinances to include minimum benefits required by State Law, allowing retirement at age 52 to retire with 25 years of service. The Pension Attorneys omitted two provisions a 30-year retirement option and a straight life annuity payment option, from the plan. The ordinances have now been rewritten with the two provisions reinstated in both the Firefighters and Police Officers (Ord. No ) Pension Plans. Mr. Forbes noted that Judy Bullock City Clerk, and Harry Royal Finance Officer, conducted extensive research and determined the omission was done in error. Roll call vote: Ayes Knight, Taylor, Wilson, Buck, Christian, Hartkemeyer, and Mayor Sharp; motion carried unanimously. Ordinance No First Reading Mayor Sharp requested that the City Clerk read Ordinance No , on its first reading, as read by title only; whereupon Ms. Bullock read the following: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH; AMENDING CHAPTER 2, ARTICLE V, DIVISION 6, POLICE OFFICERS RETIREMENT SYSTEM; AMENDING SEC ; PROVIDING FOR CORRECTION OF AN INADVERTENT ERROR BY REINSTATING THIRTY (30) YEAR RETIREMENT OPTION; AMENDING SEC ; PROVIDING FOR CORRECTION OF INADVERTENT ERROR OMITTING THE STRAIGHT LIFE ANNUITY OPTION FORM OF RETIREMENT PAYMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Ordinance No , on its first reading, as read by title, which corrects inadvertent errors that deleted a normal retirement option and omitted a pension payment option in the Police Officers Pension Plan. Roll call vote: Ayes Taylor, Wilson, Buck, Christian, Hartkemeyer, Knight, and Mayor Sharp; motion carried unanimously. Ordinance No First Reading RC min Page 4 of 5

12 Minutes of Regular City Council Meeting held Monday, September 17, 2012 Mayor Sharp requested that the City Clerk read Ordinance No , on its first reading, as read by title only; whereupon Ms. Bullock read the following: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH; AMENDING CHAPTER 2 ARTICLE V, DIVISION 5, GENERAL EMPLOYEES RETIREMENT SYSTEM; AMENDING SEC ; DIVISION 6, POLICE OFFICERS RETIREMENT SYSTEM; AMENDING SEC ; DIVISION 7, FIREFIGHTERS RETIREMENT SYSTEM; AMENDING SEC , PROVIDING FOR CORRECTION OF SCRIVENER S ERRORS IN ORDINANCES , , AND WHICH DESCRIBED THE FORM OF PAYMENT II LIFE WITH FULL CONTINUATION TO SURVIVOR BENEFICIARY AS LIFE WITH FULL CONTRIBUTION TO SURVIVOR BENEFICIARY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. Motion: It was moved by Ms. Christian, seconded by Mr. Buck, to adopt Ordinance No , on its first reading, as read by title, which corrects scrivener s errors in each of the three pension plans. Mr. Forbes explained that these Ordinances must be read twice and this is the first reading. The next meeting will be second reading and final adoption. This Ordinance changes the wording from life with full contribution to survivor s benefits to life with full continuation of survivor s benefits, correcting the error. Roll call vote: Ayes Wilson, Buck, Christian, Hartkemeyer, Knight, Taylor, and Mayor Sharp; motion carried unanimously. ADJOURNMENT There being no further business coming before the Council, Mayor Sharp adjourned the meeting at 7:40 p.m. Submitted by: Catherine Martinich City Clerk s Office Approval: Fland O. Sharp, Mayor Date: October 1, 2012 RC min Page 5 of 5

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34 OFFICE OF THE CITY CLERK Retirement Systems City of September 5, 2012 Jacksonville Beach City Hall 11 North Third Street Jacksonville Beach TO: MEMORANDUM The Honorable Mayor and Members of the City Council FL Phone: FROM: Judy L. Bullock, City Clerk/ Pension Plan Administrator Fax: SUBJECT: Ordinance No and Firefighters Pension and Police Officers Pension Plans cityclerk@jaxbchfl.net ACTION REQUESTED: Adopt Ordinance Nos and , which corrects omissions and inadvertent deletion of a normal option and omission of a pension payment option in the Firefighters and Police Officers Pension Plans. BACKGROUND In 1999, the Legislature amended the provisions of Chapter 175 and 185 of the Florida Statutes to provide minimum benefits for firefighters and police officers. This action was intended to provide the uniform benefits and standards to all firefighters and police officers pensions receiving premium tax funding from the State. It was recently discovered that there were two inadvertent errors made in the ordinances implementing the minimum benefits as follows: 1. Ordinance Nos and , adopted on May 7, 2001, included the addition of the minimum benefit of normal retirement eligibility at 52 years of age with 25 years of service, as required by Chapter 175 and 185, Florida Statutes. However, when the ordinances were written, there was an existing normal retirement option for a firefighter or police officer who attained thirty (30) years of credited service, regardless of age that was inadvertently deleted in error. 2. In addition, Ordinance Nos and inadvertently omitted the payment option of Straight Life, which is required by Chapter 175 and 185, Florida Statutes. A straight life payment option provides a lifetime annuity amount payable to the retirant for his or her lifetime only.

35 Memorandum Pension Ordinances September 5, 2012 Page 2 of 2 Correcting these errors does not add additional pension costs to the City, as they have already been included in the annual actuarial valuations. Attached, for your reference are copies of the following documents: 1. A letter from the Pension Board s Attorney concurring with our findings related to these matters. 2. Ordinance No which corrects the inadvertent deletion of a normal retirement option and omission of a pension payment option in the Firefighters Pension Plan. 3. Ordinance No which corrects the inadvertent deletion of a normal retirement option and omission of a pension payment option in the Police Officers Pension Plan. RECOMMENDATION 1. Adopt Ordinance No which corrects inadvertent errors that deleted a normal retirement option and omitted a pension payment option in the Firefighters Pension Plan. 2. Adopt Ordinance No which corrects inadvertent errors that deleted a normal retirement option and omitted a pension payment option in the Police Officers Pension Plan.

36 SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman 100 Miracle Mile Howard S. Susskind Suite 300 Kenneth R. Harrison, Sr. Coral Gables, Florida D. Marcus Braswell, Jr. (305) Pedro A. Herrera Broward Noah Scott Warman Ivelisse Berio LeBeau Toll Free Facsimile (305) Board Certified Labor & Employment Lawyer August 11, 2012 Judy L. Bullock, City Clerk/Pension Plan Administrator City of Jacksonville Beach 11 North Third Street Jacksonville Beach, FL Re: Ordinances and 8021 Firefighters and Police Pension Plans Dear Judy, We have reviewed proposed Ordinances and and your September 5, 2012, memoranda to the Mayor and Council recommending adoption of both ordinances. As attorneys for both pension plans, we concur with your findings and recommendation. The ordinances correct inadvertent errors made over a decade ago when the plans were amended to comply with new state laws. We have also reviewed the actuarial impact statement for both ordinances prepared by both plans actuaries, Gabriel, Roeder & Smith. The statement shows that both plans have been valued as though these errors were not made and as though the provisions in the proposed ordinances remained in the plans. The actuary stated that the changes will have a de minimus impact on the plans. This means that the changes made by the ordinances will not add to the cost of the plan and will not cause an increase in city contributions because they have been paid for all along. For these reasons, we join you in recommending that the Ordinances and 8021 be adopted. Yours truly, RAS/mc ROBERT A. SUGARMAN

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44 Strikethroughs are Deletions Introduced by: Councilmember Christian Underlined are Additions First Reading: September 17, 2012 Second Reading: October 1, 2012 ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF JACKSONVILLE BEACH; AMENDING CHAPTER 2, ARTICLE V, DIVISION 5, GENERAL EMPLOYEES RETIREMENT SYSTEM; AMENDING SEC ; DIVISION 6, POLICE OFFICERS RETIREMENT SYSTEM; AMENDING SEC ; DIVISION 7, AMENDING SEC ; PROVIDING FOR CORRECTION OF SCRIVENER S ERRORS IN ORDINANCE NOS , , AND WHICH DESCRIBED THE FORM OF PAYMENT II - LIFE WITH FULL CONTINUATION TO SURVIVOR BENEFICIARY; AS LIFE WITH FULL CONTRIBUTION TO SURVIVOR BENEFICIARY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Pension Administrator for the Jacksonville Beach Retirement System has requested an amendment to correct scrivener s errors made on Ordinance Nos , , and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE BEACH, FLORIDA: SECTION 1. That the stated section of Chapter 2, General Employees Retirement System, Article V, Division 5, Sec of the Code of Ordinances of the City of Jacksonville Beach, Florida is amended as follows: Sec Forms of payment of a pension. (2) Form II Life with Full Continuationribution to Survivor Beneficiary - Under Form of Payment II, the retirant is paid a reduced pension until the retirant dies. Upon death of Ordinance No Page 1of 3

45 the retirant during the lifetime of the named survivor beneficiary, the named survivor beneficiary is paid the full amount of the reduced Form of Payment II pension over the named survivor beneficiary's remaining life. SECTION 2. That the stated section of Chapter 2, Police Officers Retirement System, Article V, Division 6, Sec of the Code of Ordinances of the City of Jacksonville Beach, Florida is amended as follows: Sec Forms of payment of a pension. (2) Form II Life with Full Continuation to Survivor Beneficiary - Under Form of Payment II, the retirant is paid a reduced pension until the retirant dies. Upon death of the retirant during the lifetime of the named survivor beneficiary, the named survivor beneficiary is paid the full amount of the reduced Form of Payment II pension over the named survivor beneficiary's remaining life. SECTION 3. That the stated section of Chapter 2, Firefighters Retirement System, Article V, Division 7, Sec of the Code of Ordinances of the City of Jacksonville Beach, Florida is amended as follows: Sec Forms of payment of a pension. (2) Form II Life with Full Continuation to Survivor Beneficiary - Under Form of Payment II, the retirant is paid a reduced pension until the retirant dies. Upon death of the retirant during the lifetime of the named survivor beneficiary, the named survivor beneficiary is paid the full amount of the reduced Form of Payment II pension over the named survivor beneficiary's remaining life. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect of the provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions are declared severable. Ordinance No Page 2 of 3

46 SECTION 6. Codification of this ordinance in the City Code of Ordinances is hereby authorized and directed. SECTION 7. This ordinance shall take effect upon its passage and publication as required by law. AUTHENTICATED THIS 1 st DAY OF October, A. D., Fland O. Sharp, MAYOR Judy L. Bullock, CITY CLERK Ordinance No Page 3 of 3