HomeMy WebLinkAbout2011-12-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY, DECEMBER 12, 2011
CALL TO ORDER: Mayor Bushnell called the workshop meeting to order at 9:34 a.m.
on Monday, December 12, 2011 in Room 105, Tamarac City Hall, 7525 NW 88 Avenue,
Tamarac, FL.
PRESENT: Mayor Pamela Bushnell, Vice Mayor Diane Glasser, Commissioner Marion
Swenson, Commissioner Gomez and Commissioner Harry Dressler.
ALSO PRESENT: City Manager Michael C. Cernech, Assistant City Manager Diane
Phillips, City Attorney Samuel S. Goren and Assistant City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Swenson led the pledge of allegiance.
1. Item No. 6 (g) on the Consent Agenda. QUALIFIED TARGET INDUSTRY TAX
REFUND — PROJECT ION: (TR12132) A Resolution of the City Commission of the City
of Tamarac, Florida, recommending approval of Project Ion for a Qualified Target
Industry Tax Refund; recommending Project Ion as a Qualified Target Industry Business
pursuant to Section 288.106, Florida Statutes; committing the City to payment of a
percentage of the Qualified Target Industry Tax Refund as a local match as required by
State Statute; authorizing City Officials to provide a local match or local financial support
for the Qualified Target the form of cash; providing for conflicts; providing for
severability; and providing for an effective date. Community & Economic Affairs Officer
Andy Berns and Todd Holt, Greater Fort Lauderdale/Broward Alliance appeared.
Community & Economic Affairs Officer Berns gave a brief overview of Project ION and
Mr. Holt talked about his background and the Qualified Tax Industry Refund.
Commissioner Dressler asked what the source of the funding was from the State and
the cost per job. Mr. Holt responded funding is from general revenue and the cost is
$3,000 per new employee from the state with Tamarac's contribution being 20%.
Commissioner Dressler asked about the type of jobs that would be generated and Mr.
Holt said this particular project would fall under manufacturing as well as life sciences in
that the new product line would manufacture the circuits that would go into surgical
robotic arms. Commissioner Dressler said he sees this as an economic development
positive and thinks these types of programs make sense and hopes they look to
Tamarac for other economic development opportunities. Commissioner Swenson asked
if the company chooses to move out of Tamarac, or if they don't have the requisite
number of jobs, will they have to give the money back. Mr. Berns said that the refund
is in arrears, so that at the end of the year after the jobs are created they are subject to
audit and must be in place in order to remain eligible. Commissioner Swenson asked
who did the audit and Mr. Holt responded that Enterprise Florida contracts out to a third
party firm in Tallahassee. Commissioner Gomez confirmed that the company had to
have 10 new employees for the first year and with people coming and going asked if
would we have to pay on a prorated basis should all the positions not be filled. Mr. Holt
said the way the Refund is structured the company would have to maintain those
permanent jobs as part of the next year's incentive. Should they fall within 80% they
would receive a prorated award as well as a 5% penalty, however, if they fall below that
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80% they would no longer be in the program. Mayor Bushnell confirmed that it is not a
name oriented position and it does not matter who is in that position as long as it is
filled. Mayor Bushnell asked where the potential employees would be coming from and
Mr. Holt said Workforce One would recruit and screen potential employees and the key
driver will be that they are local residents. Mayor Bushnell asked if there was any
guarantee that the State will be able to pay the 80% and the refund not become an
additional burden for Tamarac given the state of the economy. Mr. Berns said that
should the State default for some reason on this program, there is nothing in the
documentation that would cause Tamarac's burden to increase.
2. Item No. 9 (a) on the Regular Agenda. FY 2010-2011 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT: (TR12112) A Resolution of the City
Commission of the City of Tamarac, Florida authorizing the appropriate City officials to
approve the Consolidated Annual Performance Evaluation Report (CAPER FY2010-
2011) for the U.S. Department of Housing and Urban Development (HUD's) Community
Development Block Grant (CDBG) programs for HUD's fiscal year 2010-2011; Case No.
26-MI-11; providing for conflicts, providing for severability, and providing for an effective
date. Community Development Director Jennifer Bramley and Housing Administrator
Angela Bauldree appeared. Housing Administrator Bauldree gave a presentation and
responded to questions. Commissioner Dressler commented that staff has done a good
job managing a complex program. Housing Administrator Bauldree said that she had
just received notice for FY2012 that HUD is estimating allocation of funds based on the
2010 and as such she is looking for a reduced allocation of funds.
3. BUS SHELTER UPDATE: Bus Shelter Update - Community Development Director
Jennifer Bramley and Planning & Zoning Manager Frank Zickar appeared. Planning &
Zoning Manager Zickar gave a presentation and passed around a sample of the chosen
color ("stone") for the new benches and trash receptacles. Vice Mayor Glasser asked if
the shelters that are in Tamarac belong to the county and Planning & Zoning Manager
Zickar said no, they are provided by a private contractor whose contract runs with the
City through 2015, at which time the new shelters will be phased in. Commissioner
Gomez commented this color will blend best with the environment and is happy with the
choice and asked how this will withstand the Florida elements and if the trash
receptacles will be secured. Planning & Zoning Manager Zickar said it is a high quality
product and the trash receptacles will be secured. Community Development Director
Bramley said initial concerns were about fading but these come with a warranty and the
"stone" color will weather the elements better than other colors. Commissioner
Swenson asked who would be responsible for emptying the trash receptacles and
Planning & Zoning Manager Zickar said Tamarac would. Mayor Bushnell said she has
been very aware of bus shelters while driving around and is amazed that some shelters
have no seating and is happy that we will have something that is a better product for
people to use. Mayor Bushnell asked if graffiti was problem and Community
Development Director Bramley said to her knowledge graffiti was not a problem, but
should that happen the City will be responsible for that. There was a discussion
regarding notifying people of the changes to the affected shelters.
4. Item No. 7(a) on the Regular Agenda. NOTICE OF INTENT FOR
STORMWATER/SOLIDWASTE ASSESSMENT: (TR12123) A Resolution of the City
Page 2 of 5 City Commission Workshop Meeting December 12, 2011
Commission of the City of Tamarac, Florida, setting forth the City's intent to use the
uniform method for the levy and collection of Non -ad Valorem Special Assessments to
be initially levied for the Fiscal Year commencing October 1, 2012, one to be levied
upon residential real properties lying within the municipal boundaries of the City to fund
the provision of solid waste collection services to residential properties within the City,
and one to be levied on all real properties lying within the municipal boundaries of the
City to fund enhancements, improvements, additions to, and maintenance of, the City's
Stormwater Utility System; stating a need for such levies; providing for a description of
the boundaries of the property subject to the Special Assessments, which are the
municipal boundaries of the City as described in Exhibit "A" attached hereto; providing
that a copy of this Resolution shall be forwarded to the Property Appraiser, Tax
Collector and the Florida Department of Revenue; providing for conflicts; providing
severability and providing for an effective date. Financial Services Director Mason
appeared and gave a presentation and talked of the benefits of having this included on
the tax bill; the impact on the residents; notification that we are considering this process
and advised the solid waste vacation credit will no longer be available. Financial
Services Director Mason said they will do everything they can to communicate this
change to those that are affected. Commissioner Swenson asked if any calls were
received about the advertisements in the newspaper and Financial Services Director
Mason said no. There was a general discussion regarding the cost of service and
whether residents would receive a discount due to this being included on their tax bill.
Commissioner Dressler expressed disappointment that there would be no savings to
residents but understood the rationale in doing this especially in this economy and said
he will go with it. Commissioner Gomez said she would like to find a way to notify
lenders and realtors so they realize that the charges will no longer be on a monthly bill
but will be on the tax bill instead. Vice Mayor Glasser said this will be a burden for
many people in the City of Tamarac as most people are average working people who
have difficulty making it from pay check to pay check and at the end of the year will
have to pay approximately $300. Vice Mayor Glasser further stated that she did not
think this was a good thing to do at this time. Mayor Bushnell asked for clarification on
the potential to include delinquent amounts for both fees on the tax in the first year.
Financial Services Director Mason responded that we have delinquent accounts with
respect to both the storm water and solid waste some of which occur because tenants
do not pay their bills and because they are tenants we cannot lien them; however, the
property itself still benefits from the service that is provided and the idea is that these
can be shifted over onto the property owner's tax bill. City Attorney Goren said that
some cities work on the premise where the deposit must be posted by the owner and
not by the tenant. Mayor Bushnell asked who puts up the deposit in Tamarac and
Financial Services Director Mason responded the tenant is the depositor for the utilities
as there is no deposit for solid waste pickup. City Attorney Goren spoke of a case that is
on appeal referencing the owner posting the utility deposit versus the tenant. There is
some discord in the law and a recent Circuit Court ruling that supports the city's position
to require the owner to post the deposit. The representative of the complex affected by
lawsuit is appealing that decision. Mayor Bushnell confirmed that Tamarac's deposit is
not for solid waste only storm water and sewage and asked if we could require a deposit
-- for Waste Management and Financial Services Director Mason said yes. The current
deposit for water for tenants is approximately $130 and if we added storm water, etc.
the deposit would probably be in the neighborhood of $200 to $250.
Page 3 of 5 City Commission Workshop Meeting December 12, 2011
There was a discussion about the criteria for returning deposits. Mayor Bushnell asked
if we are going to be adding these delinquencies on to the tax bill how much would
Tamarac collect and Financial Services Director Mason said it would vary. Mayor
Bushnell asked what would happen if they did not pay their taxes to which Financial
Services Director Mason responded as far as liens for taxes are concerned in May of
each year tax certificates are sold and once it is sold we would receive the funds. Mayor
Bushnell asked why there would no longer be a vacation refund. Financial Services
Director Mason said because it is on the tax bill we would have to write a check back to
the property owner which would generate more work as opposed to what we are trying
to do to decrease the overall cost to the City. Mayor Bushnell confirmed that this just
gives us the option to put this in place and does not mean we have to do this. Financial
Services Director Mason said staff will be back before the Commission in March to set
forth the methodology so that we can notify the Property Appraiser. Staff will then bring
back the initial resolutions in July at the same time we bring forward the Fire
Assessment Resolution and if you elect not to adopt them at that time, then they will not
go into effect.
Commissioner Dressler asked about the fiscal impact to Tamarac of doing this versus
not doing this. Financial Services Director Mason said much of the estimates of the
impact, are internal costs to the City. The actual amount is unknown as we would most
likely see a reduction in costs for sending someone out to shut off the accounts and
then turn them back on, phone calls to Customer Service, etc. Commissioner Dressler
said what we should think about is if the potential positives to the city are worth the
potential damage to people's cash flow. There was a general discussion regarding "—
escrow, payment of bills and rate of return.
City Manager Cernech said all the issues that have been raised are good issues but
what we have to focus on is that no one will be paying any more for the services, they
will just be paying differently. It is a matter of making 12 payments or one lump sum. In
some cases people's monthly bill will be half, or more, and this will help people who
have a hard time paying their bill. It is an opportunity for the City to reduce the number
of times that we send people out after hours to turn water off or on and save on
overtime costs. Public Works Director Strain confirmed that staff stopped going out on
weekends as we don't do shut offs on Fridays. During the week, people must pay their
bill prior to 5:00 p.m. in order for their water to get turned on that evening. Utilities has a
staff member that works a swing shift that is doing that work and we usually do not incur
overtime to turn the accounts back on. Public Works Director Strain said a majority of
the delinquent payers are tenants and this will lessen the burden on those tenants and
hopefully it will diminish the amount of shut offs. Financial Services Director Mason said
over the last 12 months they have been averaging 501 turn offs per month and this will
diminish the number of turn offs.
There was a discussion regarding the discount when paying on the tax bill.
Vice Mayor Glasser asked when this would take effect if passed and Financial Services
Director Mason replied the first tax bill would be in November 2012. City Manager
Cernech commented the group that would be hurt the most by this will be the
Page 4 of 5 City Commission Workshop Meeting December 12, 2011
homeowners who do not have a mortgage or are exempted from paying property taxes,
as these are the people that will get the bill for the lump sum.
City Attorney Goren said Julie Klahr will be here for the meeting on Wednesday evening
as he will be attending a meeting in Pembroke Pines. City Attorney Goren said the
County Ethics Code referencing employees and city advisory boards is still in the works.
They have requested a copy from the County Attorney's Office but have not yet
received it. What is in place as of January 2, 2012 will be the County Ethics Code
applicable to city elected officials. On the agenda for Wednesday is a Lobbying
Registration Ordinance which is required by the County Code that tracks the County's
Ordinance pretty closely and the fee for registering, which is competitive and rationale,
is a separate item that will also be on the agenda for Wednesday. City Attorney Goren
reminded everyone that the fee is a one-time annual charge for lobbyists. It also
requires lobbyists during the course of the year to amend the registration form should
they add additional clients without incurring additional fees. As to the actual lobbying
access point Jim Twigger and Levent Sucuoglu have been working on the process of
allowing lobbyists to be able to log in when they come to City Hall. The County made
their program available to cities and staff has been working diligently to design the local
access point which will be workable by the beginning of the year. Lobbyists know that
this Ordinance is coming and they are just waiting to register at the beginning of the
year. Mayor Bushnell and Commissioner Gomez confirmed that the lobbyist would pay
the $150 annually no matter how many clients they represented. City Attorney Goren
said we have the option of changing our Ordinance to charge on a per client basis. City
Attorney Goren reminded everyone that Tamarac has taken every step to notify all
vendors and contractors that there is zero tolerance policy for the acceptance of gifts.
City Attorney Goren said that as of January 2, 2012 should a Commissioner have a
legal question affecting their individual legal rights under the County Code referencing
Ethics, it has to be in writing, fact specific and it has to be signed in order to be valid.
City Attorney Goren addressed the Commission's questions and concerns about the
issue of requesting an opinion from the City Attorney's Office.
City Attorney Goren said that he will be asking for a Shade Session sometime in
January regarding the Prestige Homes cases to seek their advice and direction on both
lawsuits. The Commission has been provided with a copy of the Motion for Summary
Judgment that was filed in the Federal Court case and he will be sending the
Commission a copy of an Order from the State Court lawsuit denying the City's Motion
to Dismiss.
There being no further business to come before the Mayor and City Commission, Mayor
Bushnell adjourned the workshop meeting at 11:23 a.m. %tt,,,,,1
Patricia Te Ifel
Assistant City Clerk
Page 5 of 5 City Commission Workshop Meeting
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