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HomeMy WebLinkAbout1980-09-30 - City Commission Workshop Meeting Minutes5811 NORTHWEST 88TH AVENUE & TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 September 12, 1980 WORKSHOP MEETING CITY COUNCIL TAMARAC, FLORIDA Please be advised of a Workshop Meeting of the City Council to be held on Tuesday, September 30, 1980, at 1:30 P.M. in the West Conference Room. The purpose of the meeting is to discuss the Occupational License Fees Ordinance #0-80-91. Council may consider such other business as may come before it. The public is invited to attend. Carol A. Evans Assistant City Clerk CITY OF TAMARAC, FLORIDA CITY COUNCIL WORKSHOP MEETING September 30, 1980 RE: OCCUPATIONAL LICENSES AND FEES CALL TO ORDER: ROLL CALL: Mayor Falck called the meeting to order at 1:30 P. M.,Tuesday, 6eptember 30, 1980, in the Council Chambers. °PRESENT ABSENT & EXCUSED ALSO PRESENT Mayor W. Falck C/W M. Kelch C/M I. Zemel C/M I. Disraelly Vice -Mayor H. Massaro Asst. City Att. Alan Ruff City Clerk Marilyn Bertholf Mayor Falck stated that this was a workshop to review and further discuss Occupational Licenses and Fees set up at the specific request of the Council following the adoption of the fees to become effective October 1, 1980. C/M Zemel asked which department came up with these fees and Marilyn Bertholf, City Clerk replied that within the Trim Bill which was recently passed by the State Legislature, Occupational License Fees were permitted to be increased, from $1.00 to $100.00 may be increased 100%, from $101.00 to $300.00 may be increased by 50% and over $300.00 by 25%. It was deemed that since the municipalities have not been able to increase license fees since 1971, that Council would want to consider increasing the fees by the maximum allowable amounts. C/M Zemel asked who made the decision to go to the maximum. Ms. Bertholf stated that when it was brought to her attention by the City Attorney, they had a meeting with the Asst. City Manager and the City Attorney said to put the maximum amounts on and if Council wants to increase to the fullest, the Council can decide. Asst. City Attorney, Alan Ruf said as he understands it, the Ordinance has been passed on first and second readings and also that Council is now considering two house -keeping memorandums which he has reviewed and that Council may have some observations about the rates that were set as well. C/M Disraelly has requested and received OccupationalOrdinarces from Sunrise, Deerfield Beach, Coral Springs, Lauderhill, Margate and Pompano, which he has reviewed, and finds the only cities that have revised are Sunrise, Deerfield Beach, Cooper City, Ft. Lauderdale and the County. He observed that Sunrise changes compared to ours are pretty close, Pompano and Margate are exactly 50% of ours; these cities taking advantage of the Trim Bill and will be identical to ours. Coral Springs will be relatively close, maybe a little bit lower in certain categories.' Upon reviewing, he found two or three discrepancies and there are a number of categories that we do not list Occuptational Licenses that other cities do have, ie. Auto- mobile Driving Schools, also Auto Tag Bureau, and feels if this was reviewed we would find a number of categories that should be addressed and others that could be left out. He mentioned that occupations such as Astrologist and that type have tremendously high occupational fees, anywhere from $1,200.00 to $1500.00- The Mayor read a communication he had just received regarding a complaint that a resident felt he was unhappy with the increase in Occupational Licenses, as his fee was increased from $70.00 to $140.00, being 100% and said this would disuade businesses from locating in Tamarac and also present businesses would relocate. Mayor Falck said he had received other calls in the same vein and he felt that businesses should not be able to expect that licenses should not go up and that the city cannot reduce taxes just because people expect us to reduce them. C/W Kelch feels we have been accumulating a deficit situation due to small licensing fees and we should take advantage of every opportunity the state allows, also we should get complete and full adherence to our licensing ordinance. said C/M Disraelly/that upon checking on super markets found that the retail sales of meat, poultry and seafood should have separate occupational licenses, whereas bakeries are considered a separate entity and feels we have not been collecting our full share. C/W Kelch asked if the bakery at Publix is a separate entity and should it be license free. C/M Disraelly dicussed with Mr. Ruf, that if a Deli is a separate entity, then it should have a license if it is under a separate corporation and also asked Mr. Ruf to check on bakeries. Mr. John Glynn said that under Ordinance 7229, see under Deli, merchandise section. C/W Kelch also mentioned that other stores are guilty, such as Winn Dixie that have separate bakeries, delicatessens, etc. C/M Disraelly asked to make some corrections; On Page 17 of the Ordinance, Item 59, Item F says "Stock over $50,000.00 and we have to add, "and less than $100,000.00." On Line K, we have to add "$10,000.00 and less than $20,000.00." On Page 20 under Repair Shops, Item 206, lawn mower repairs should be included and on Page 21 under Restaurants, some consideration should be given to Drive - Ins. Mayor Falck said that since the rates become effective tomorrow, verified with Mr. Ruf that anything that happens cannot be reversed and Mr. Ruf said that anything we do/effective in 1981. will be C/M Disraelly mentioned to Mr. Ruf that he understands they have a whole year to get input from the people and to review this to make changes. Mr. Ruf said that the housekeeping changes that Ms. Bertholf suggested are extensive and suggests that Council direct that some legislation be prepared and submitted, rather than going item by item. C/W Kelch asked if we wish to have citations handled by the Police Depart rent and said she thinks enforcement should be taken care of. Mr. Ruf asked if they wanted to select certain items from the City Clerk's memorandums and discuss it now or get the legislation pre- pared. C/W Kelch discussed Item No. 2 under Item B regarding a Tax Collector, which we do not have, and feels this should be cleared up by amendment, since we do not have anyone to enforce the tax ordinance, and the mayor agreed. C/M Disraelly discussed Code Chapter 14 and Fees which he felt should be cleared off and that the City Attorney's office should confer with the City Clerk's office. Mayor Falck agreed with C/M Disraelly and also feels that Council should be reviewing the Ordinance and changes made as necessary. The Mayor said that other cities will be getting on the bandwagon too as license fees have been frozen,for ten years and only Deer- field went to 60%. The Mayor asked gentJemanfrom audience if he wanted to speak. Mr. Will Harman who ownsthe shell Station at University and McNaab said that barring the increase in Occupational License, the City of Tamarac is out of whack with the surrounding cities and further said that his station in Margate was $112.00 and Tamarac was $330.00. He said that Ft. Lauderdale and Lauderdale Lakes are in the ball park with Margate under the old fees. C/M Disraelly asked Mr. Harman if they would be doubled and he replied that they -2- September30, 1980 will. be doubled. When the percentage increases were read, his last year was $330.00 and went to $690.00, and his intrepretation of the reading was that if it was over $200.00, there is supposed to be a 25% increase, not a 100% increase. He feels that the City of Tamarac should be competitive with the surrounding areas. C/W Kelch said any individual should have the right to make inquiry concerning the validity of certain figures. C/M Disraelly said that gasoline stations were $100.00 for the first pump and $25.00 each additional pump and went to $200.00 and $50.00. Mr. Harman said that Ft. Lauderdale is $20.00 for the first pump and $10.00 for each additional pump; Margate is a total of $65.00 for all 12 pumps which comes out to about $5.25 per pump. C/M Disraelly told Mr. Harman that he has the price lists of other cities and he will review them, and if we are that far out of line, he will propose to Council that they be reduced, but it can't be done for this year's Occupational License. Mr. Harman asked about percentages and C/M Disraelly said that the 100% that was permitted for fees under $100.00, he personally would stay with and feels that the subject of gas pumps is well taken and should be reviewed. He further said that based on what he sees, that our charge for the gas pumps is high and should be reviewed and reduced, but can't promise as to what Council will do. Mr. Harman asked if Council thoughtthe law had bpPn internreted correctly with the 100% increase on a $330.00 license. C/M Disraelly said no, but as far as the 100% increase on the $330.00, it is based on each individual pump. The Ordinance says X dollars for the first pump and so many dollars for each additional pump; and further states that it is an add --on of each individual pump and not a selective group of pumps. C/M Disraelly asked Mr. Ruf if $100.01 to $300.00 is what the Ordinance says, and Mr. Ruf, said it probably would be the way it was written. Mr. Harman feels the $690.00 is an over -payment and C/M Disraelly said he hopes it will be reduced next year. C/W Kelch asked if they were suggesting that they memo the City Attorney and the Mayor answered that we should memo the City Attorney with copies to the City Council. Mr. Ruf: said that if he prepared something, then it would be more simple. He then went on to say that he would like direction on one point, that being that there has been some discussion on imposing an Occupational License fee on insurance companies, and it has been established that their is only a license fee on insurance agents and not insurance companies, he feels there is a chance that we could impose a tax on insurance companies, and asks that a new ordinance could be written to provide for that. Mayor Falck said there should be a license of some kind on insurance companies that have either a main office or regional offices, or other similar independent type offices that do not relate to agents and thinks that those companies ought to pay a license fee. C/W Kelch stated that there should be some procedure in the ordinance enabling us to add categories. Mayor Falck called attention to a call he received on real estate, Item 205, which went from $100.00 to $200.00 on the license fee and he received a c o mplai n t about it. The mayor stated that he doesn't think this is exhorbitant over a period of ten years and although there are some inconsistencies, they will have to be dealt with. C/M Disraelly asked that the spelling of airplane be corrected and mentioned that some things were not in alphabetical order. C/M Zemel pointed out that taxes is spelled incorrectly on the first page and then asked Mr. Ruf if they should include in the ordinance that a disabled veteran receiving compensation is exempted from paying the first $50.00 of any fee. Mr. Ruf said it could be put in. Ms. Liz Jara said it is on the application form. _7_ Seb+PmhPr 'fin 1opn Mr. John Glynn said that as far as disabled veterans are con- cerned, the disability may not be less than 10%. C/M Disraelly asked Mr. Ruf if we should start incorporating State Statutes into our ordinance, and Mr. Ruf said he thinks City Attorneys unanimously would suggest that if it is covered by State Statute, do not put it in the Ordinance because as soon as the State Statute is changed, then the Ordinance has to be changed. However, he has been admonished by Councils and Commissions for which he has served that they want the people to know what it governs in their cities, so put it in, and then worry about taking it out when law changes. C/M Zemel said that people are entitled to exemptions, we should make the public aware of them and we should tell them. MEETING ADJOURNED at 2:35 P.M. �MILYN_L�B�R/THOLF� City Clerk This public document was promulgated at a cost of $32.45, or $2.16 per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. _4- September 3.0,1980 /pe