HomeMy WebLinkAbout1993-11-24 - City Commission Special Meeting MinutesCITY OF TAMARAC, FLORIDA
CITY COUNCIL SPECIAL MEETING
WEDNESDAY, NOVEMBER 24, 1993
CALL TO ORDER: Mayor Bender called this meeting to order on
Wednesday, November 24, 1993 at 1:00 p.m. in Conference Room #1 of
City Hall, 7525 N.W. 88th Avenue, Tamarac, Florida,
PRESENT: Mayor H. Larry Bender
Vice Mayor Irving Katz
Councilman Norman Abramowitz
Councilman Henry Schumann
Councilman Joseph Schreiber
ALSO PRESENT:
Dina M. McDermott, Interim City Manager
Mitchell S. Kraft, City Attorney
Thelma Fagelbaum, Acting Finance Director
Irene Zander, Secretary
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1. PUBLIC PARTICIPATION: - Any member of the public may speak to
any issue which is on this meeting notice. Speakers will be
limited to three minutes during this item. There will be a
thirty (30) minute aggregate time limit for this item, and
speakers are encouraged to sign up in advance with the City Clerk
prior to their participation.
There was no public participation.
2. MOTION TO APPROVE a
from General Fund
Berkowitz Litigation
1993/94.
SYNOPSIS OF ACTION:
APPROVED
budget transfer in the amount of $100,000
Contingency Account 001-872-588-975 to
Fund Account 001-872 514-33E for Fiscal Year
Interim City Manager McDermott, explained that this transfer will pay
for legal fees associated with the Berkowitz litigation matter and
that additional supporting material refers to different expenditures -
to date that need to be reviewed.
C/M Schreiber suggested that perhaps another method of outside
counseling should be considered to avoid a possible half million
dollars in further expenditures which could easily be incurred without
outside litigation.
Attorney Kraft explained that $100,000 was expended in 1992/93, that
there is another outstanding bill of $50,000, the case was originally
set for trial in October and many of these expenses were agendized in
anticipation of the case going forward to trial.
Attorney Kraft said that many of the expenses resulted because of the
experts, i.e., planners, lawyers, traffic engineers, appraisers and
others that had to prepare for trial. Therefore, there were pre-trial
matters and extension depositions. He said as this case currently
stands, the Judge has granted the City motion to summary judgment, but
it has not yet been reduced to a final order, nor has the Judge ruled
on a pending motion to dismiss the latest complaints.
Attorney Kraft said many of these expenses were agendized in
anticipation of this case going to a full jury trial and the City's
exposure was quite extensive in this case.
C/M Schreiber said that although not opposed to transferring the money
for the bills, he wants the Council to consider other ways to handle
cases like this one in the future in order to avoid being snowed under
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11/24/93/IZ
Page 2
Special Meeting
with outside
attorney.
litigation expenses, such as hiring an additional
Further discussion was held concerning investigating alternative
methods, perhaps reassessing the entire legal process. Mayor Bender
said that right now the funds must be provided for payment on all
legal fees being incurred.
C/M Schreiber said that in-house handling may prevent excessive
expenses to a point.
Mayor Bender said most expenses are incurred because of the meetings
with outside attorneys and experts, so even if handled in-house, by
the time the City finishes reviewing with the person who will actually
be litigating this, the costs, which are based on $100-$150 per hour
will use up any possible savings.
C/M Schreiber disagreed because the statement indicates services for
Saturday and Sundays and is above and beyond what it should be.
* C/M Schreiber MOVED to APPROVE Item 2, SECONDED by C/M
Schumann.
VOTED: ALL VOTED AYE
3.a. MOTION TO APPROVE a budget transfer from Data Processing
Services 001-872-519-59A of $87,000 and from Fleet Maintenance
Services 001-872-519-59E of $49,300 to Contingency Account 001
872-588-975 totaling $136,300 to transfer surplus 1992/93 funds
to 1993/94 General Fund Contingency Account.
b. MOTION TO APPROVE a budget transfer from Data Processing
Services 425-371-536-59A of $63,000 and from Fleet Maintenance
Services 425-371-536-59E of $35,000 to Contingency Account 425
371-588-975 totaling $98,700 to transfer surplus 1992/93 funds to
1993/94 Utilities Fund Contingency Account.
c. DISCUSSION AND POSSIBLE ACTION regarding other budgetary
transfers.
FINAL ACTION:
APPROVED 3.a. and 3.b.
3.c. APPROVED to move $125,000 from FP&L Escrow account and place into
General Fund.
a. Ms. Fagelbaum, Acting Finance Director, explained the surplus of
equity improved cash, with the revenues exceeding the expenditures
with cash available. She said surplus comes from explained surplus
funds. A discussion was held regarding these funds and the surplus.
Ms. Fagelbaum proposed reducing the contributions from this year's
budget so that the surplus can be used as resources available in the
beginning of the fiscal year.
V/M Katz questioned the City taking the time and trouble for workshops
and fact finding for four months to determine this. Ms. Fagelbaum
explained that instead of having contributions from General Fund and
Utilities West matching the expenditures, resources available at the
beginning of the fiscal year will be used.
Discussion was held regarding the mechanics of these transfers and Ms.
Fagelbaum explained that by reducing the contributions for this year
and using the balance of revenue surplus from last year, revenues and
expenditures will match this year. She said anything budgeted for
fiscal year 1993/94 will have revenue matched to the expenditures and
anything that was not budgeted will not be there.
C/M Schumann asked what would happens if a problem occurs with Fleet
Maintenance or MIS and they are in need of revenue for a problem.
u
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11/24/93/IZ
Page 3
Ms. Fagelbaum stated that 10W of the budget would be left in the MIS
and Fleet Maintenance funds.
C/M Schreiber said he is concerned that the money that was dedicated
in the budget for a specific need or use where the revenue is going to
be applied goes to that specific fund and not the general fund.
C/M Abramowitz said he is concerned about trial balance monies staying
full enough to handle an unexpected problem.
Ms. McDermott explained these monies are available for a major
catastrophe and it is council's choice to decide whether to transfer
these funds. She said there was a consensus of three Council members
who said they would like to proceed with the items at hand, so this
information was provided for Council to act as necessary.
C/M Abramowitz disagreed with removing these funds from a line item
and placing it into a general fund contingency account to spend in any
direction because if a problem arises, taking this money out will
prevent the department from functioning properly.
* C/M Schreiber MOVED to APPROVE 3.a., seconded by C/M Schumann.
VOTE: C/M Schreiber --AYE
,C/M Abramowitz - NAY
C/M Schumann - AYE
V/M Katz - NAY
Mayor Bender - AYE
b. C/M Schumann discussed his concerns regarding the necessity of
transferring funds into a large pot.
* C/M Schreiber MOVED to APPROVE Item 3.b., SECONDED by C/M
Schumann.
VOTE: C/M Schumann - AYE
C/M Schreiber - AYE
C/M Abramowitz - NAY
V/M Katz - NAY
Mayor Bender - AYE
c. Ms. Fagelbaum explained that the City can use $125,000, which is
not presently in the budget and there is no revenue account set up for ---
it. She said it is necessary to amend the budget but the Florida
Dept. of Revenue informed us that we do not have to do anything as
long as we are not changing the millage rate.
Ms. Fagelbaum said Broward County Revenue and our
certified public
accounting firm also said all we need to do to
is comply with the
Charter by getting Council's approval to amend the
budget. She said
the money is there if Council wishes to add it to
the budget to have
it available for expenditures.
C/M Schumann said he read City Attorney Kraft's
contract and
explanation, and according to the contract signed,
if they did comply
with permits and site plans, eventually the City would not be able to
use the money. He explained that if the money does not happen, the
money goes back to FP&L.
Attorney Kraft explained the contingency paragraph
that allows the
City to have access to those accounts based on the
site plan for the
Utilities as approved in January, 1991.
Ms. McDermott explained that no one can spend contingency fund money
unless it goes to the City Council.
Ms. McDermott advised that Staff is currently working with FP&L and a
status report should be received by the end of next week.
V/M Katz asked when they would pull the permits. He said the permit
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11/24/93/IZ
Page 4
for removing one building has not been pulled yet and is not expected
to be pulled until sometime at the end of this year which means the
last $125,000 cannot be touched until they pull the last permit.
V/M Katz recommended the money be placed into the General Fund, and if
the money is needed for the Contingency Account, the money should be
transferred from Escrow/Reserve to the General Fund.
Attorney Kraft led a discussion regarding the contract limitations.
In further discussions, it was understood by all that this proposal
authorizes the City Manager and City Attorney to give five days notice
to FP&L to transfer $125,000 in funds from the Escrow Reserve Account
of FP&L to the General Fund Account.
Ms. McDermott stated that several members of the City Council asked
about the possibility of taking the unappropriated fund balance from
the 1992/93 Fiscal Year budget as resources available to transfer to
the 1993/94 budget. She further stated that without all of the
revenue in, it is not known if all revenue will meet the expectations
and anticipations of the budget because this information will not be
available until the end of the year.
Ms. Fagelbaum stated that we need to keep a little extra money in the
General Fund Account in anticipation of the revenues for 1993/94 not
being sufficient because the City estimates the anticipated revenue,
but has no way of predicting the estimate will be accurate. She said a
little surplus at the beginning of the fiscal year will prevent
raising taxes or affect to what degree taxes are raised.
Ms. McDermott stated that under proper accounting standards, the City
anticipates, plans and forecasts for the budget, all of which are key
strategies in budgeting. She said the City has an unappropriated fund
balance that can be carried over. She said if there is a year end
available balance, that is used to budget for the following year and
taxes are lower.
Ms. McDermott further stated that the City has been very successful in
forecasting the budget, because a great deal is based on the previous
Finance Director's ability to forecast revenues, however, our economy
is constantly changing and we do not know specifically if we are going
to receive every revenue dollar that we planned on.
C/M Abramowitz expressed his concern for the City's reasons to move
money from this account because it does not save the citizens any
money but it could be spent where it was not intended to be spent.
Ms. Fagelbaum said that none of this money can be spent without
Council approval.
C/M Abramowitz stated that if the money is identified and cannot be
spent without approval, then what difference does it make where the
money is kept.
C/M Schreiber said that he would like the City to hire an auditor or
an accounting firm that has no connections in Broward County to
receive an honest reporting of where the money is. He said the various
Directors that have left the City were involved in handling funds.
Ms. McDermott stated that since it is the last year of the contract
with Grant Thorton, the City in the very near future, plans to conduct
very extensive procedures for requesting proposals.
In further discussions, it was identified that the City has $390,000
that will roll over for use in the 1993/94 budget.
4. MOTION TO APPROVE the expansion of in-house waterways treatment
program.
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Page 5
SYNOPSIS OF ACTION:
APPROVED Scenario IIB for in-house waterways treatment consisting of:
Additional Chemicals at a cost of $50,000.00 and one additional
licensed sprayer at a cost of $25,000.00 totalling $75,000.00.
APPROVED a budgetary transfer of $72,048.00 from Drainage Improvement
Contingency Fund #410-872-588-975 to Chemicals Account #410-417-539-
527 and Regular Salaries Account #410-417-539-120 to provide funding
for the in-house waterways treatment program.
Meeting was recessed at 2:20 p.m. and reconvened at 2:25 p.m. with all
members present.
Ms. McDermott said information relative to the options discussed
several weeks ago by the Council with regard to the treatment of
waterways within the City included: The first option was bringing
Broward County in for intervention and assistance in helping treat
Tamarac's waterways.
Ms. McDermott said the second option was specifically to go out for
bids to see what outside contractor costs would be for this treatment.
She said the third option was to have the Staff prepare a report
listing the expenses for expanding in-house City services for
treatment. She continued to explain that the comprehensive analysis
distributed to Council in the meeting, listing the suggestions and
their costs.
Ms. McDermott said the map the Council received several weeks ago
identifies the areas which have the high growth and problem areas that
should take first priority. Broward County presented the surveys and
has since accomplished the work. She said the letter from Broward
County relative to their services indicated they could not assist the
City in the spraying and intervention at this time.
Ms. McDermott introduced Alan Levine, Public Works Operations Manager,
and asked him to provide further details relative to the bid
procedure, the in-house procedure and his report on the expanding in-
house City staff.
Mr. Levine explained the six areas of main concern; the area that
Broward County sprayed for the City, the area dying out and the areas -
that have been covered and are rescheduled to be covered again in the
first, second and third weeks of December.
Mr. Levine said that all of these areas are main priority areas that
were listed for Council about one month ago and all have been done and
will be treated again probably within the next two or three weeks.
Mr. Levine further stated that when the Mayor and Council asked them
to review the aquatics program, it was recommended to go out to bid,
which the City did. He said the City received two bids, one for
$91,200, and a second bid for over $500,000. He said after reviewing
these bids with Engineering, they did not feel it was feasible to
consider any of them.
Mr. Levine said after reviewing the bid for $91,200 which includes
assisted supplementation to the City's spraying program, his
Department decided to conduct an intense review and analysis of the
current aquatics program.
Mr. Levine stated that his recommendation, based on discussions with
others, is in lieu of his opinion concerning the use of a contractor.
He said he feels confident that the City staff and one additional
licensed sprayer, as requested, will resolve the matter within a six
month period and that beginning in April, the City can have a follow
up maintenance program, however, now is the time of the year to
complete this work.
Ll
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Page 6
C/M Schumann asked if this was seasonal work or would the City be
maintaining the canal all year round.
Mr. Levine stated that this is a continual, year-round project and
from November to April, the growth becomes dormant making it the best
time to accomplish this work.
C/M Schumann asked if there was sufficient personnel to complete this
work because the aquatics presentation report indicates that the
problem can be completed in several months since they have ten people
to work on the project as opposed to the City's staff of about six
people including the additional sprayer.
C/M Schumann said he does not feel the City should make the mistake of
neglecting the canals as they did the past several years which
probably contributed to the canals present condition.
C/M Schumann said that the City, based on the premise of the
situation, had a $2 storm water management fund created and now the
City is asking citizens to pay $2 to have the canals cleaned up. He
said the City's cost estimate of $75,000 is minimum when the fund is
supposed to raise over $825,000 in one year.
C/M Schumann said if the City can anticipate getting the revenue
necessary, we should not worry about expenditures but should make
certain the City does the job right and eliminates the public's
concerns. He asked Mr. Levine if he believes this proposal will do
the job.
V/M Katz explained that the $2 fee also covers drainage and the canals
were previously treated with chemicals not as effective as the new
chemicals. He said the restrictions limited treatment to one half of
the area, so the City was unable to legally complete the entire job
when they used those chemicals. He said between the use of the new
chemical and the six people as well as the new boat and trailer, the
City is confident the situation will be handled very well.
V/M Katz stated that Mr. Levine should not be embarrassed to approach
the City for extra assistance before a trouble situation occurs.
C/M Schumann stated that one of the original bidders of the job four
months ago is one of the biggest companies and was just cited for
using improper chemicals. He said the City would not have a problem -
if we had used Dursban, but this man was just cited. He said although
it is not easy we have the money and the people do whatever needs to
be done to keep the canals clean.
V/M Katz said the City should not let the citizens down and the
Council members should evaluate the City's estimate.
Ms. McDermott asked the Council to look on page three of the report
and review option one, which awards the bid for $91,200 for an outside
contractor to supplement the City of Tamarac's existing crews and
services. She said Public Work's recommendation is to obtain an
aquatic crew leader to monitor the chemicals that are used for
spraying and treatment. She said that the amount of money for this
recommendation would be $107,850.
Ms. McDermott stated that the second option would be to purchase
additional chemicals and add an additional licensed sprayer to spray
the chemicals for an amount of $25,000 and that the chemicals would
cost $50,000 for a total of $75,000, which would be in addition to
the present existing budget.
Ms. McDermott stated that the third option is a combination of all of
the above. She said the Public Work's recommendation is to select
option two, which will add the additional chemicals and one licensed
sprayer.
V/M Katz MOVED to APPROVE 4 Item 2.b., SECONDED by C/M Schreiber.
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Page 7
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Ms. Fagelbaum explained the Motion was to do a budget transfer from
the Drainage Improvement Contingency Account 410-872-588-975, in the
amount of $72,048, which was budgeted.
* V/M Katz MOVED to APPROVAL, SECONDED by C/M Schumann.
VOTE: ALL VOTED AYE
5. MOTION TO ADOPT Temp. Reso. #6595 establishing an Equity
Study Committee and appointing seven (7) members to make
recommendations to amend the occupational license classifications
and rate structures.
SYNOPSIS OF ACTION
TABLED
Attorney Kraft read Florida Statutes 205.0535 relative to establishing
an Equity Study Committee to make recommendations and amend
occupatiopal license specifications.
C/M Abraiti6a tz asked if there was a time limit involved for
presenEatao+- to the State.
Ms. McEYrirott stated that this Resolution should be presented before
March, 19-94. She said in May of this year, the State of Florida
Statute,were enacted to encompass the occupational license equity tax
studies. She said all the municipalities in the Counties have until
March, 1994, to review their occupational license fees and determine
whether they need to increase or decrease the fees. She said if the
City misses the opportunity of this window, the City cannot adjust
payments higher or lower for two years.
Ms. McDermott said the Code Enforcement Division, under the direction
of Mike Vonder Meulen, researched and put together a package and
developed a time frame for action. She said the reason for asking the
City Council to designate today, in accordance with the State Statute
requirements, is that individual committee members will be made up of
local- business leaders from a category on page three of the memo
report.
C/M Abramowitz said he wanted to review this list before making a ----
decision because he only had five minutes to review.
Ms. McDermott stated that the time frame must be finished before
March, 1994, so the City needs to establish a committee of designees
selected by City Council.
Ms. McDermott said this issue can be agendized at the next meeting and
the names are suggestions that came from the Chamber of Commerce. She
said the Council can add other names into the category, however, the
State has said specifically to look at professional categories, i.e.,
real estate agents, attorneys, medical, retail, etc.
* C/M Abramowitz MOVED to TABLE Item 5, SECONDED by C/M
Schreiber.
VOTE: ALL VOTED AYE
6. DISCUSSOIN AND POSSIBLE ACTION regarding complimentary Disney
trip for Helen and Joe Sobel.
SYNOPSIS OF ACTION:
Agendized by Consent. APPROVED appropriating $596.00 to send Helen
and Joe Sobel on a three day, two night trip on the Senior Citizens
Disney Trip, not to be construed as compensation for work done on the
Social Services Board, but as a gift of appreciation for services to
City.
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Page 8
Relative to the City sponsored trip to Disney World, a discussion was
held regarding investigating provisions for providing gifts of
appreciation and other alternatives for issuing Helen Sobel and her
husband two complimentary tickets the City received from Disney
World.
Attorney Kraft suggested that Council has to make the decision as to
the procedure.
C/M Abramowitz MOVED to APPROVE Item 6, SECONDED by V/M Katz.
VOTED: ALL VOTED AYE
With no further business, Mayor Bender adjourned this meeting at 3:00
p.m.
H . L ' ENDER
MAYOR
CAROL A. EVANS, CMC r
CITY CLERK, �
CITY OF TAMARAC "
AP PR CD AT MEETING OF ice/-�9g
City Clerk
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