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HomeMy WebLinkAbout2007-02-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, FEBRUARY 12, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, February 12, 2007, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Partner, Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance. 1. PRESENTATION RE: SALES TAX INITIATIVE FOR CLASSROOM TECHNOLOGY AND TEACHER TRAINING: Robert P. Legg, Community Relations Director/Founding Principal, Miller -Legg appeared and distributed the attached news release, incorporated as part of these minutes. Mr. Legg discussed a Bill to put an initiative into place whereby businesses can retain 2.5% of State sales tax when forms are filed on time, and use this money to purchase technology for classrooms and training for teachers. Broward County has adopted a resolution supporting this initiative, and Mr. Legg asked the Mayor and City Commission to also adopt a resolution supporting the initiative. Commissioner Sultanof said while he is in favor of the resolution, he is concerned as to who would monitor the School District's handling of the money and also spoke of the Union and said he hoped they would work toward this initiative. Vice Mayor Portner asked Mr. Legg if he had contacted the Chamber of Commerce and questioned the cost of changing the forms. Mr. Legg said he had contacted the Chamber, and the Department of Revenue had to incur the cost of making the changes. Commissioner Dressler said he is in favor of a resolution; and spoke of the inequity in Florida where millions of dollars are given to subsidize corporations and sports owners. Commissioner Atkins -Grad said the schools have been begging the PTA to raise money for new technology programs and she is in favor of this initiative. Mayor Flansbaum-Talabisco echoed the Commission's support and said the City of Tamarac has historically offered excess computers to local schools. Mr. Legg said he should have the first funding report by May 2007. Mayor Flansbaum- Talabisco asked for an expression of interest to approve a resolution in support of the initiative and all were in agreement. 2. DISCUSSION OF STATE LEGISLATIVE PROPOSALS RELATIVE TO PROPERTY TAXES AND IMPACT ON TAMARAC: Commissioner Dressler, City Manager Miller and Financial Services Director Chapman appeared. City Manager Miller spoke of property tax reform issues being discussed by the Florida legislature and reviewed various proposals on the table in Tallahassee. The effects of the proposals February 12, 2007 City Commission Workshop Page 1 of 5 would be no construction of infrastructure, reduction of services, and maintenance of public property, government facilities, roads, landscaping, and parks would be substandard or foregone completely. Financial Services Director Chapman spoke of the five year forecasts given the various scenarios, which would put the Cities in negative fund balances in coming years. Commissioner Sultanof asked if those seniors who have already applied for the senior tax breaks would have to reapply for the additional $25,000 exemption. Financial Services Director Chapman said there is currently an application process for the existing exemption, and the applicants must meet certain criteria. He does not know at this time whether another application would be needed for the additional exemption. Financial Services Director Chapman spoke of scenarios with regard to the millage rate, the effect on residents, the city's budget and services. Vice Mayor Portner suggested the City Manager inaugurate a committee of City Managers and go to Tallahassee to lobby for the cities en masse. Additionally, the public must understand the scenarios in detail and this is not something we can face without a fight. City Manager Miller said he is president of the BCCMA and all City Managers are motivated and have similar projections to ours. This evening the Senate Taxation and Finance Committee will hold a meeting in Davie and City Manager Miller said he intends to speak at the meeting if he is afforded the chance. No legislation has been filed yet in Tallahassee, and City Manager Miller said he asked Ron Book to let him know when it would be appropriate and effective for the City Managers to speak to Tallahassee. Mayor Flansbaum-Talabisco said she is troubled about the newspaper coverage and if we do not have the funding we can not provide the services. Commissioner Sultanof said he is in favor of educating the public but now is not the right time. We have to establish a program but we must do so without creating a panic. Commissioner Dressler said the worst case scenario is the Taxation and Budget Reform Commission which was established by constitutional amendment in 1988 and will meet for the first time in 2007. The Governor just appointed 10 people to this committee, all of whom are representatives of major corporations, and this committee has the full authority to place amendments on the ballot without legislative approval. Commissioner Dressler said this is a charade and a sham, and attacks and erodes the Home Rule powers. Commissioner Dressler said increased costs and caps on commercial property are all for corporate profits. We have to fight this but we must understand what it is we are fighting and who will educate the public as to the real issues. Mayor Flansbaum-Talabisco said this is just the tip of the iceberg and asked where, as a board, we are going. City Manager Miller said he and Financial Services Director Chapman, along with other City Managers, are speaking at the League of Mayors' meeting on February 19t". On Thursday, the City Managers' Association will develop a strategy to deal with this, which when accomplished, he will share with the Mayor and City Commission. The best thing the elected officials can do is talk with the legislators. City Attorney Goren said there are two additional Bills being considered; one wherein tax money can not be spent to advocate anything, and one wherein tax money can not be spent to sue another governmental agency. Mayor Flansbaum- Talabisco said when she went to Washington she met with the lobbyists and legislators. Representatives Wexler and Wasserman -Schultz are aware of the tax caps and want to be kept abreast of events. February 12, 2007 City Commission Workshop Page 2 of 5 J 1 1 3. FEBRUARY 14 2007 AGENDA ITEMS: a. Item No. 6(e). AWARDING BID #07-07B AND EXECUTING AGREEMENT — SOUTHGATE LINEAR PARK PROJECT: (TR11126) Awarding Bid #07-07B and executing an agreement with DiPompeo Construction Corporation for the Southgate Linear Park Project for an amount not to exceed $2,916,150; approving funding in the amount of $2,916,150 from the appropriate accounts. Public Works Director Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director Strain gave a presentation and confirmed this is a budgeted item. b. Item No. 6(c). TASK AUTHORIZATION FOR ENGINEERING SERVICES RELATED TO INTEGRATED BIKEWAY/WALKWAY SYSTEM FEASIBILITY STUDY: (TR11128) Accepting Task Authorization No. 07-03E and executing an agreement with Carter & Burgess, Inc., to provide engineering services related to the City of Tamarac Integrated Bikeway/Walkway System Feasibility Study, per the existing agreement with Carter & Burgess, Inc., for continuing engineering services; authorizing an expenditure not to exceed $74,910; approving funding in the amount of $74,910 from the appropriate accounts; approving all necessary budget transfers. Director of Parks and Recreation Warner, Stephen Williams of Carter & Burgess, Inc., and Purchasing/Contracts Manager Glatz appeared. Director of Parks and Recreation Warner gave a presentation and said this was identified as a number one priority for Parks and Recreation on the resident survey. Commissioner Sultanof suggested getting together with Broward County Commissioner Jacobs and Mr. Horowitz for funding. Vice Mayor Portner questioned `integrated', asked if the study covers side streets as well as main roads, and questioned crossing major roads. Mr. Williams said integrated means connecting different types of bikeways, and we will look at how we can best interconnect roadways and designated paths. Commissioner Sultanof left the meeting at 10:50 a.m. Students cross with the assistance of crossing guards; other bikers must follow the rules of the road. We could incorporate dedicated bike crossings, but that would take additional funding. Mayor Flansbaum-Talabisco asked how the study would affect existing bike lanes, and Mr. Williams said this study will inventory all existing lanes and State, County and City roads will be coordinated. Mayor Flansbaum-Talabisco asked what other cities Carter and Burgess has worked for and Mr. Williams said they are traffic engineers and have worked for Coral Springs as well as other cities in Broward County; they are a nationwide company involved in transportation. Director of Parks and Recreation Warner said the results will be brought back to the Mayor and City Commission this summer. Vice Mayor Portner asked whether bikers are to ride with or against traffic and Mr. Williams said with traffic. C. Item No. 6(d). FILTER MEDIA REPLACEMENT - GREENLEAF AND PACKAGE FILTERS 1 AND 2 PROJECT: (TR11130) Awarding Bid No. 07-06B to TLC Diversified, Inc., and executing an agreement between the City of Tamarac and TLC Diversified, Inc., for an amount of $494,319.00 for the Filter Media Replacement - February 12, 2007 City Commission Workshop Page 3 of 5 Greenleaf and Package Filters 1 and 2 Project located at the Tamarac Utilities Water Treatment Plant site; approving funding for this project from the appropriate utilities operational accounts; authorizing the appropriate city officials to administer the contract. Director of Utilities Gagnon, Assistant Director of Utilities Moore, Water Plant Superintendent Harvey, and Purchasing/Contracts Manager Glatz appeared. Director of Utilities Gagnon said this is a budgeted item and the bid came in within budget. Assistant Director of Utilities Moore gave a presentation and said once begun, the project should be completed in 105 days. Commissioner Atkins -Grad left the room at 11:10 and returned at 11:13. Commissioner Dressler confirmed the filter medium requires replacement every 8-10 years, and questioned future growth. Financial Services Director Chapman explained the utility sells water and the funding for this project is not taken from the general fund. Additionally, revenue growth in utilities is not connected to a property tax. Assistant Director of Utilities Moore said depending on development, CIAC funds can be affected. We are faced with the SFWMD capping water use in the future; the regulatory culture will also affect funding. Vice Mayor Portner questioned the Biscayne aquifer and asked if in the future there might be two types of water systems in homes and Director of Utilities Gagnon said under our current code and regulations it is not possible; however, it may be something for the future. d. Item No. 10. MAIN STREET IMPROVEMENT AREA — UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS: (TR11117) Motion to approve Resolution electing to use the uniform method of collecting non -ad valorem special assessments levied within the proposed Main Street Improvement Area and adjoining properties within the City; stating a need for such levy; authorizing the City Clerk to send a copy of the Resolution to the appropriate parties. Financial Services Director Chapman and Management and Budget Officer Sammartino appeared. Financial Services Director Chapman gave a presentation and explained the purpose of this resolution is to inform the Property Appraiser and Tax Collector that if we choose to do an assessment we would be using the uniform method of tax collection. City Attorney Goren said this is not city wide. Mayor Flansbaum-Talabisco asked when the collection would start and Financial Services Director Chapman said it depends on when the Commission chooses to do the assessment. Commissioner Atkins -Grad said the public is frantic and we must let the public know that what has been in the newspaper is not correct. Vice Mayor Partner questioned the debt service and the language 'non -binding'. Financial Services Director Chapman said we have not made a calculation on debt service costs yet; no financing decisions have been made at this time. City Attorney Goren said if we make the language 'binding' then we commit to the process of having this on the tax bill. This is only one of several options. Mayor Flansbaum-Talabisco confirmed we are voting on a potential method of collection, and asked when we would be making a decision on what we will be assessing. Financial Services Director Chapman replied when the consultants come back and tell us which items are assessable. City Manager Miller said we will make the issue clear Wednesday evening and then the City can contact the news media. Commissioner February 12, 2007 City Commission Workshop Page 4 of 5 1 1 1 Dressler said the public is confused because they are misinformed from the press coverage. While District 4 is not near the Main Street project, he sends out 'Commissioner's Alerts' to clarify any misinformation, and he would like to see the City clarify the information, perhaps in the Tam -A -Gram. City Attorney Goren said he would work with the administration to make sure we are within full statutory requirements as far as disclaimers, whether we choose to educate or advocate. e. Item No.8. AMENDING CHAPTER 16 PENSION AND RETIREMENT ARTICLE VI, DIVISION 4: (T02132) Motion to adopt Ordinance on first reading amending Chapter 16, Pension and Retirement, Article VI, Division 4 Section 16-493 to provide for an increase in drop participation from three (3) years to five (5) years not to exceed thirty years of employment and to remove repealed back drop provisions; amending Section 16-503 of Division 4 to provide an increase in annual cost of living adjustments from two percent to two and one -quarter percent; adding Section 16-516 of Division 4 to provide a supplemental pension benefit in lieu of payment for accrued sick leave; providing for codification. Human Resources Director Swanson gave a presentation and explained the amendments. Vice Mayor Portner asked how much money the City gets in the way of premium tax revenues and Human Resources Director Swanson said the past year we received $400,000 - $450,000. 4. UPDATE ON CIP PROJECTS: City Manager Miller suggested deferring this item to the next workshop agenda, since the Mayor and City Commission have a prior commitment. All were in agreement. Commissioner Dressler spoke of legislation in the U.S. Senate regarding congressional funding to repair the dikes at Lake Okeechobee, which will impact South Florida, and said he would like the Mayor and City Commission to entertain a resolution on Wednesday evening. City Manager Miller said it would be prepared and added to Wednesday's agenda. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 11:40 a.m. Marion Swenson, CMC City Clerk February 12, 2007 City Commission Workshop Page 5 of 5 MILLER LEGG SEND YOUR SALES TAX TO SCHOOL Executive Summary: Businesses can now direct sales tax collection allowances to classroom technology just by checking a box on sales tax remittance forms. These funds will be used to purchase up-to-date classroom technology and provide teacher training in the use of that technology in Broward County. From June 30, 2005 to July 1, 2006, $61 million dollars in collection allowances were retained by Florida sales tax collectors. Funds collected in Broward County will come back to Broward County Schools, and are anticipated to be between $4 and $6 million annually. Contact Information: Bob Legg (954) 436-7000 x264 rlegg @ millerlegg.com IMPROVING COMMUNITIES. CREATING ENVIRONMENTS. South Florida Office: 1800 N Douglas Road - Suite 200 - Pembroke Pines, Florida - 33024-3200 (954) 436-7000 - Fax: (9S4) 436-8664 www.millerlegg.com Taxpayers who are located out-of-state or whose business is located in a county where the school district has not adopted the required resolution may still elect to donate their collection allowance to education. In this case, the donated collection allowance funds will be equally distributed to school districts that have adopted such resolutions. References: Ch. 2006-52, L.O.F., s. 212.12 (1)(c)1., F.S. [ruE..0 Murry SALE! AND UM TAX At"i N NWPU OWt / FkWW 1, Qroa 09. 4. Caamw SMw 74 Uan Amaelf 9, i+ueb n.alr... w.4w e,+.ww�s '. •.•• ••-�� �... Mn —IVI • •hA.INpy�tlACe4y �I •. taMwo.o� u.....-�" 1. o. two py, r..a .. 1r E., 1w M.odlG Mr.y .. Irhr EM h.Or Cu.w Lr,.. III ... I1...1r,.,... Wu...,,11.... 1111..,.L,I,.u.,u,,,1.r.1 FLORIDADEPARTMgNTOFREVENUE sxe W TEMEMIM sT 2 " P--M Own Mu Na, Wrl. in h. Spw. A—. r❑Mace nw.AKW WASmEO. N.cbo..�.E�, DR-15EZ: Check box. • Leave Line 8 blank. • Amount of payment should agree with the amount due on Line 9. MIS IL Oil" R CoYpgd DR-15: • Check box. • Leave Line 11 blank. • Amount of payment should agree with the amount due on Line 14. II�T-I - CCII.AM�-1 ICJ/ff�l ]T� 3.4.4v bi �-4— e. Ir,+. O.rucrelr L 1171 &AL --j �, r �.... ❑ I] 1J 7. G ❑ MA 4.) Pen,uk..w:er. r' �M nu.►M+r.nu o. An,e,w1 ar r.w ewl.n IEn... --"Ewa - Ew TMae* de rm fella •aw•. FOR MORE INFORMATION This document is intended to alert you to the requirements contained in Florida laws and administrative rules. It does not by its own effect create rights or require compliance. For forms and other information, visit our Internet site at www.myflorida.com/dor. Or call Taxpayer Services, 8:00 a.m. to 7:00 p.m., ET, Monday through Friday, excluding holidays, at SM-352-3671 or 850-488-6800. Persons with hearing or speech impairments may call our TDO at 800-367-8331 or 850-M-1115. For a detailed written response to your questions, write the Florida Department of Revenue, Taxpayer Services, 1379 Blountstown Highway, Tallahassee, FL 32304-2716. SP0323.000 m7A Florida Department of Revenue Tax Information Publication [)E PARPAENT OF REVENUE No: 06A01-20 Date Issued: TIPNovember 15, 2006 Take our Quick Sury �j www.myflortda.eom/dor You May Now Elect to Donate Your Collection Allowance to the "Educational Enhancement Trust Fund for Classroom Technology" Sales and use tax dealers who are entitled to a collection allowance may now elect to donate their collection allowance to the Educational Enhancement Trust Fund. The revenues deposited into this trust fund will go to the school districts that have adopted resolutions stating that these funds will be used to ensure that: • Up-to-date technology is purchased for the classrooms in those districts; and • The teachers are trained in the use of this technology. The election only applies when the dealer making the election files a timely sales and use tax return. If a dealer making the election files a delinquent return, underpays the tax, or files an incomplete return, the amount transferred into the Educational Enhancement Trust Fund will be the amount remaining after resolution of any tax, interest, or penalty due. Currently, sales and use tax filers are entitled to a collection allowance of 2.5 percent of the first $1,200 of tax due (a maximum of $30) as eomoensation for keeping prescribed records, filing timely returns, conducting proper accounting, and remitting taxes timely. To implement this election, the Department has modified the sales and use tax return forms (DR-15 and DR-15EZ) to include a "check box option" on each return beginning with the January 2007 return. This election will also be available for electronic filers. A taxpayer who checks this box will be directing the Department to deposit the dealer's collection allowance allowed for that return (a maximum of $30) into the Educational Enhancement Trust Fund. Taxpayers who wish to donate their collection allowance to education must make this election Qn EACH original neft=ffted, Oncereturn has been fil with the le tion to don to th col action Itow nce t1,11111 14a Alon CANNOT be rescinded fgLthat retrn A taxpayer who makes the election and checks the check box on the return SHOULD NOT enter the collection allowance amount on the collection allowance line (DR-15, Line 11, and DR-15EZ, Line 8) of the return. When the taxpayer checks the check box and leaves Line 8 (DR-15E4 or Line 11 (DR-15) blank, the Department will calculate the proper collection allowance and transfer this amount to the Educational Enhancement Trust Fund. The a mount of the tax a payment should agree with th am unt due on the return without a deduction for the collection allowance. See examples on the back of this TIP. For taxpayers who file consolidated sales and use tax returns (electronically or paper), the "check box option" for making the election will be on the DR-1 5CON. This provides the consolidated filer with the ability to make the election at the consolidated level, rather than making individual elections for each location on the Form(s) DR-7. If the election box is checked on the DR-1 5CON, the dealer's total collection allowance allowed for the consolidated return will be transferred into the Educational Enhancement Trust Fund which will be distributed to school districts that have adopted such resolutions. Therefore, there will NOT be a "check box option" on the Form(s) DR-7. Consolidated dealers who make the election and check the election box on the DRA 5CON SHOULD NOT enter the collection allowance amount on Line 11 of the Forms DR-7 or on Line 11 of the DRA 5CON. The amount of the dealer's payment should agree with the amount due on the DR-15CON, without deduction for the collection allowance. CI By BILE, KACZOR Associated Press January 3, 2007, 11:00 AM EST TALLAHASSEE Florida was 31st out of the 50 states in a ranking of how well they are preparing young people to achieve success in their academics and careers, according to a new assessment released Wednesday by Education Week magazine. The '' Chance -for -Success Index '' is part of an effort to begin expanding Education Week's annual report card for the nation's schools beyond its usual kindergarten--through-high school focus. Florida's public schools also ranked 31st in elementary and secondary student achievement, but they were near the top in the other two categories on the report card: llth in aligning education policy from preschool to adult and fourth in standards, assessments and accountability. The report's findings included a high percentage of Florida children from low-income families and with parents not fluent in English. That impacted the state's ranking, Education Week spokeswoman Dawn Deeks said in a statement. The 2007 Quality Counts report, subtitled "From Cradle to Career: Connecting American Education from Birth Through Adulthood,'' was compiled by the magazine's parent, Bethesda, Md.-based Editorial Projects in Education, with support from the Pew Center an the States, a research organization in Washington, D.C. Florida leads in areas of accountability but still needs lots of work in raising student achievement,'' Florida Education Association spokesman Mark Pudlow said in a statement on behalf of the teachers union. Pudlow noted the report does not address public education financing. Here, Florida lags severely behind the rest of the nation, with spending for public schools among the lowest in the nation,'' he said. "This is one of the ways the state shows its commitment to the success in meeting the challenges of its high standards and accountability, and it is here that Florida has failed to make the grade.'' This year's Education Week report no longer includes assessments of school finances, climate and teacher improvement efforts. This year's report card also substitutes national rankings for letter grades. Last year, Florida received grades of B for equitable distribution of financial resources, C for school climate, C for teacher improvement and A for standards and accountability. The state received an overall grade of B-minus. The Chance -for -Success Index is based on 13 indicators taken mainly from U.S. Department of Education and Census Bureau statistics. Florida scored above average for percentages of adults with full-time, year-round jobs, children who have at least one parent with a post -secondary degree and children with at least one parent working a full-time, year-round job. The state also ranked above average in percentages of 3 and 4 year olds enrolled in preschool and eligible children enrolled in kindergarten. Florida equaled the national average in fourth -grade reading proficiency but was below it in the seven remaining categories. The categories are children whose parents are fluent in English; children from families with incomes at least 200 percent of poverty level; eighth -grade math achievement; high school graduation rate; young adults enrolled in post -secondary education or with a degree; adults with post -secondary degrees and adults with incomes at or above the national median. The elementary and secondary performance comparison was based on achievement levels and gains on the federal government's National Assessment of Educational Progress and high school graduation statistics. w Florida's 57.5 percent graduation rate in 2003 was a whopping 12 percentage points below the national average, but that was balanced out by an above -average improvement of 7.5 percentage points since 2000. State education officials have claimed a higher graduation rate _ 71 percent in 2005-06 _ by counting special and General Education Development diplomas not included in various national comparisons. Florida also gained achievement points for an above -average number of high school students scoring high on advanced placement tests and gains made on those exams from 2000 to 2005. On the Net: Education Week report card: http://www.edweek.org/rc Copyright (c) 2007, South Florida Sun --Sentinel visit Sun --Sentinel . com