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HomeMy WebLinkAbout1988-09-22 - City Commission Special Meeting Minutes0, AMp4 7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722-5900 RECORD OF COUNCIL ACTIONS/DISCUSSION SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Thursday, September 22, 1988, at 7:00 P.M., in the Council Chambers of City Hall, 7525 NW 88th Avenue, Tamarac, to hold public hearings on the final millage and final budget for Fiscal Year 1988/89. 1. 'ANNOUNCEMENT of percentage increase of 9.66% in proposed millage rate over the rolled -back rate necessary to fund the Budget for Fiscal Year 1988/89. FINAL ACTION: ANNOUNCEMENT was made. 2. PUBLIC HEARING on the final millage rate for Fiscal Year 1988/89. FINAL ACTION: Public Hearing was held. 3. PUBLIC HEARING on the final Budget for Fiscal Year 1988 89. . FINAL ACTION: Public Hearing was held. 4. MOTION TO ADOPT Temp. Reso. #5147 adopting a final millage rate for Fiscal Year 1888/89. FINAL ACTION: RESOLUTION NO. R-88-250 PASSED. APPROVED 3.3598 mills for operation and/or maintenance expenses representing a 9.66% increase in property tax rates. The following was approved: General Fund 3.3598 Total Debt Service 0.8136 Total Millage 4.1734 5. MOTION TO ADOPT Temp. Reso. #5148 adopting a final Budget for Fiscal Year 1988/89. FINAL ACTION: RESOLUTION NO. R-88-251 PASSED. APPROVED. The budget summary is as follows: General Fund $16,408,998.00 Special Purpose Funds 38,750.00 Debt Service Funds 946,712.00 Capital Project Funds 2,788,997.00 Utilities East Funds 391,548.00 Utilities West Funds 18,536,252.00 Internal Service Funds 1,974,917.00 GRAND TOTAL: $41,086,174.00 All meetings are open to the public. Pursuant to Section 286.0105, Florida Statutes � It a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting cr Carol A. Evans hearing, he will need a record yi the procea:dings and for such City Clerk purpose, ho (n&]T�gtfio ensure that a verbatim record inciud-as the tcstimony and evidence upon which the appeal is to be 1:.3:4�d AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC CITY COUNCIL BUDGET HEARING THURSDAY, SEPTEMBER 22, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Thursday, September 22, 1988 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation dedicated to Kay Wichert, the wife of Code Enforcement Officer, Ed Wichert. PRESENT: Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Ken Burroughs, Finance Director Carol. A. Evans, City Clerk Pauline Walaszek, Special Services Secretary SPECIAL ANNOUNCEMENTS Mayor Abramowitz announced the opening of Nob Hill Road and he said the landscaping called "Zero Maintenance" would soon be installed. Mayor Abramowitz announced that a Grant was presently being completed and would be submitted to the City for Sidewalk and Bike Path Projects. Mayor Abramowitz read a newspaper article regarding the intense investigation performed by the Police Department and Sergeant Barbara Chovan of a suspect in the Sunflower/Heathgate rapes. The article stated that the suspect confessed to the crimes and Mayor Abramowitz congratulated them for a wonderful job in apprehending the criminal. Mayor Abramowitz announced that the Police Department had a person who confessed to the burglaries around Commercial Boulevard and Rock Island Road. He congratulated the Police Department for a job well done. Mayor Abramowitz said he received a letter from the State Attorney Office with a list of accommodations and the Police Chief was named. He said the Police Department, along with every other Department in the City, should be congratulated for their diligent and caring work. Page 1 J 9/22/88 1. ANNOUNCEMENT of percentage increase of 9.66% in proposed millage rate over the rolled -back rate necessary to fund the Budget for Fiscal Year 1988/89. SYNOPSIS OF ACTION: ANNOUNCED. Mayor Abramowitz announced the percentage increase to be 9.66% as the proposed millage rate over the rolled -back rates necessary to fund the Budget for Fiscal Year 1988/89. 2. PUBLIC HEARING on the final millage rate for Fiscal Year 1988/89. SYNOPSIS OF ACTION: Public Hearing was held. City Manager Kelly said this item was for the City's operating millage rate. He said the following was being increased: Mill.age rate from 3.03 to 3.359 Debt Service from .656 to .8136 City Manager Kelly said the total increase on the Debt Service was .157 and .32 on the operating millage. Mayor Abramowitz said the Finance Director submitted the actual increases imposed on the residents, which were as follows: Assessments of $ 50,000.00 -- $12.09 yearly Assessments of $ 75,000.00 -- $24.17 yearly Assessments of $100,000.00 - $36.26 yearly Mayor Abramowitz Opened the Public Hearing. Abe Garr, Resident at 9496 S. Belfort Circle, Kings Point, said he was representing the Kings Point Civic Association and his remarks would pertain -to. the 9.6 property tax proposal. He said the Civic Association did not object to a tax increase providing it was legitimate and needed. Mr. Garr said before proposing the tax .increase, the City should be sure that there were no more excess funds in the Budget. He said to tax one segment of the population was discriminative and unwarranted. He said if the City needed money, they should have collected it in equitable ways such as, 1) float a 10-year Bond Issue with the usual City and State Tax free features, 2) tax alcohol, Cigarettes and gasoline 1% or 2% so that the taxation affected all the residents and, 3) reevaluate the Budget requests and balance them out so that smaller surpluses remain and use the accumulated surplus for the shortfall. Mr. Garr asked that the City Council not approve the proposed Budget at this time until the recommendations are considered and one is implemented. Page 2 9/22/88 Mayor Abramowitz asked Mr. Garr if he researched the legality of implementing taxes on the items described in recommendation 2 and Mr. Garr replied no. Mayor Abramowitz said the City Council could not legally impose taxes on those items and Mr. Garr said the City's Charter did not state that taxes could not be imposed on those items. C/M Hoffman asked Mr. Garr if he read the State Statutes and Mr. Garr replied, no. Herman Fox, Resident of Westward 24, had concerns with the City Manager suddenly finding 1.5 million dollars in the Budget. He said the City Manager was not doing his job properly and the City Council was not doing their job properly in keeping the City Manager. He said if the money was found, there was probably more money available. Mayor Abramowitz said the excess money was never lost; therefore, it could not be found. He said the City Council recently identified the monies. Mr. Fox said if the money was available it should have been implemented before the Budget was increased and the Utility Tax was imposed. Walter Rekuc, Resident at 5402 Red Cypress Lane, said the 1988/89 Budget has been increased by 3.9 million dollars or .32%. He said the City Council needed to get the Budget down to the appropriate level. He said the Utility surplus existed because the City was overcharging the residents and to use this money in the General Fund was refunding the monies to the residents who did not contribute to the surplus. He said this action was fraud. Mr. Rekuc said to use the money from the old City Hall while there were outstanding Bonds was a violation of trust and the fiduciary liability of the City should be reviewed by the City Attorney. Mr. Rekuc said using impact fees in the General Fund may result in the impact fees being returned. He said there was 46.5% in reduction of the permits in the Building Department; however, the Department was receiving an increase for expenses of 59.8%. Mr. Rekuc said the City needed an internal auditor because there seemed to be problems in the City's finances and the internal auditor should report to the City Council or the Charter Board only. Mr. Rekuc said the Parks and Recreation Department should be a separate Department because of the existing projects. He said the Parks and Recreation Department needed a Director that was knowledgeable in Construction and Recreation and the City presently had this type of people on staff. Mr. Rekuc said the City Council should reject this Budget and review it again before approving it. Melanie Reynolds, Resident of Sands Point, had concerns with the Debt Service millage being separate from the Ad Valorem when the Bond Issues were to be paid by the Ad Valorem taxes. She asked what was to be done with the .81% Debt Service. Page 3 9/22/88 Ken Burroughs, Finance Director, said the Debt Service millage rate on the 3 Bond Issues was .8136 and would be applied to the valuation of each property owner and collected through the Ad Valorem Taxes. He said the monies collected would pay .for the Bonds, Principal and Interest on the Bond Issues. Mrs. Reynolds asked why the Bond Issues were placed on the Utility Bills last year and Mr. Burroughs said the Bond Issue on the Utility Bills was for the 1986 Utility Revenue Bond. Mrs. Reynolds said this was not supposed to be done because Revenue Bonds were supposed to be paid by revenues and not the residents. Henry Gross, Treasurer of the Kings Point Civic Association, suggested that the entire surplus be taken out of the Utility Fund and used. Mayor Abramowitz said the reason this was not being done was because the City Council was considering the possibility of decreasing the water and sewer rates. He said the City Council reviewed the Budget line by line which was how the monies being used now for the shortfall was identified. Mayor Abramowitz said the surrounding Cities had a lot of surplus because they did not provide services to the residents. He said the City Council had three options in making up the shortfall and one was to cut the services. He said he did not want to do this because the City would not be properly maintained. Mayor Abramowitz said the City Council did not find monies, they only identified them. He said he could assure the residents that, if the monies could not legally be used, the City Council would not approve their use. He said there were things that the residents were not aware of that the City had to abide by and the City Council was doing the best they could for the City and the residents. Joseph Schreiber, Resident at 10504 E. Clairmont Circle, said the City and the Administration must learn to live within its means. He said many of the residents were retirees who live on a fixed income and they were aware of what they could afford. He said the City did not do this because there were funds carried over in the amount of $7,675,236.00, meaning they were surplus funds. He said this surplus indicated that the City's Budget and procedures were not proper. He said a Budget should never be prepared with a surplus of 23% of the Operating Budget. Mr. Schreiber said the present City Council may have inherited the problems; however, it was incumbent upon the City Council to investigate and correct the past problems. He said he had a few questions he would like answered concerning the Budget. Mayor Abramowitz asked Mr. Schreiber to hold his questions until Item 3. He announced that he, the City Manager and the Finance Director would be meeting very soon with the Auditors and the City's past and future finances would be discussed. Page 4 �'' 9/22/88 Mayor Abramowitz Closed the Public Hearing with no further response. 3. PUBLIC HEARING on final Budget for Fiscal Year 1988/89. SYNOPSIS OF ACTION: Public Hearing was held. City Manager Kelly said the increase in the Budget was for Public Safety with the addition of 5 Police Officers, 2 Fire Fighters and 2 Code Enforcement Officers. He said with the recent annexation, the City's services had to be increased, unfortunately, the State would be accommodating the City's expenses by accounting for the annexed areas valuation until next year. Mayor Abramowitz said he and the City Manager have been working with the State Legislators regarding this matter and the City Planner has been meeting with the County. He said the matter was constantly being denied and the City had to provide the services to the annexed area. Mayor Abramowitz Opened the Public Hearing. Herman Fox, Resident, had concerns with the City annexing the properties knowing that the extra expenses would not be accounted for by the State. Mayor Abramowitz said the City made a great decision when getting this area annexed because 2 or 3 years from now, the City would be pleased with the results. He said in the future, the Cities are going to be forced to annex property regardless so that their property lines are squared off. He said the City was not going to be in business for a week and the City would feel the benefit of the annexation in the future. He said the City Manager and City Planner were being praised by the surrounding Cities for getting the annexed area with such expediency. Joseph Schreiber, Resident, said in reviewing the proposed Budget] there were unexpended funds expected at the end of September 30, 1989,in the amount of $3,786,251.00. He asked what these funds were expected for. Mr. Burroughs said the surplus would be in various funds on September 30, 1989. Mr. Schreiber said the City should operate on a more realistic Budget rather than having the expected surplus. He said the millage rate could be lowered with these expected surpluses. TAPE 2 Mr. Burroughs said 70% of the surplus funds came from the enterprises in the Utility Fund. He said the funds were reserves and were required in various funds. Mr. Schreiber said the reserves affected the taxpayers. He said V/M Stelzer stated that the previous Utility Director increased the residents rates and water pressure; therefore, the rates should be rolled back to where appropriate. Page 5 9/22/88 Mayor Abramowitz said this would be done as he stated previously. V/M Stelzer said there was $613,000.00 in the General Fund only and the Utility Fund did not affect the millage rate in the Budget. He said the matter being discussed was the General Budget. Mayor Abramowitz said the monies from the Utility Fund could not be co -mingled with the monies in the General Fund. Mr. Schreiber asked how the City could use the Utility surplus for the General Budget's shortfall and Mayor Abramowitz said the monies being used were from an overcharge. Mr. Schreiber asked why the City Manager's Budget was increased 20--1/2% from last year. City Manager Kelly said he was asking for an Assistant position to be filled this year. He said the City Council approved this last year; however, he transferred the monies elsewhere in the Budget as opposed to filling the position. He said he needed the position this year. Mr. Schreiber asked why the position was needed and City Manager Kelly said he felt that he needed an Assistant. Mr. Schreiber said the public felt that the City Manager could do without the position and save the additional funds for something else. He asked why there was an increase of $87,551.00 in the Building Department. City Manager Kelly said that there would be 2 Code Enforcement Officers hired and the remaining money would be used on capital equipment such as vehicles so the Officers could get around to do their job. Mr. Schreiber suggested that the vehicles be bought through bonds as opposed to using the money in the Budget and City Manager Kelly said this matter was being investigated and considered. Mayor Abramowitz said he was constantly receiving complaints about the City's services being increased. He said there were 6 men in the Public Works Department that were currently cutting 6 million square feet of grass. He said it costs the City money to maintain the City. He said the residents want all of these services increased; however, they are not willing to pay for it. Mr. Schreiber said these services were to be provided for by the Administrators and Mayor Abramowitz asked how this was to be done without money. Mr. Schreiber said this could be done by cutting down the fat and providing what was necessary. C/M Rohr said he had been listening to the comments at this meeting and he wondered where the residents were during the Budget process and the City Council Budget Workshops. He said the residents were not complaining to the State or County when they mandated taxes. He said if the residents could submit suggestions on what services they wanted cut, the City Council would be more than willing to review the suggestions and act on them if they were feasible. 1 1 1 Page 6 '�' 9/22/88 Mr. Schreiber said he did not want to go to the County regarding tax increases because it was too far. He said the City Council was who the residents could confront with their concerns. He said he was sure the Mayor did not want to hold a Council meeting with no one present. Mayor Abramowitz said all he wanted was the residents to care about the City not the Mayor or the $12.00 to $24.00 it would cost more per year. residents to feel that the City He said could he would like the get a better Police Department, Fire Department, cleaner areas for a few more dollars per year. Mr. Schreiber asked why the Sanitation Services increased to $180,217.00 and City Manager Kelly said this year the garbage rates for the City would be increasing; however, they are still lower rates than the surrounding Cities. He said it would cost the single family residents $7.95 per year and the condominiums $3.88. He said the contract provided that the increase be based on the CPI index which was presently 4%. He said the City paid $.14 on the dollar for tipping fees. He said the City was concerned with transferring the billing process to Waste Management, Inc., so they could directly bill the residents as opposed to the City absorbing the costs; however, the City Council opted not to do this. City Manager Kelly said the City of Pompano Beach also handled the billing process; however, they charged the residents an Administration Fee. He said Tamarac did not do this plus they handle the complaints from the residents and forward them to Waste Management, Inc. V/M Stelzer said $1,500,030.00 was listed as income from Sanitation Services; however, it wds also listed as an expenditure. He said this matter did not affect the millage rate. Abe Garr, Resident, asked what the Assistant City Manager's responsibilities would be and City Manager Kelly said the position was an Assistant to the City Manager. City Manager Kelly said the position would entail auditing and monitoring the Budgets of various departments, handling communications by the computer, work on annexation coordinations and getting money deserved by the City. Mr. Garr asked who had been doing these jobs and what the salary would be for the position. City Manager Kelly said he has been handling the jobs and the position's salary would be approximately $35,000.00 per year. Mayor Abramowitz said there were a lot of things the City missed getting such as County and State Grants. He said the City received practically nothing in the past. He said he has had the opportunity to work closely with the City Manager and the City Manager had several places that he should be or meetings he should attend but could not do it because he had other things to do. Mayor Abramowitz said he did not feel sorry for the City Manager because he was making a lot more than the City Council; however, the surrounding Cities paid a lot more for a person who only collected money for them. He said the City could be benefiting in a lot of things if the Page 7 9/22/88 City Manager had the opportunity to pay attention to certain matters. He said the City Manager should have the opportunity to spend the extra time needed to better the City. Vickie Beech, Resident, said she was not trying to belittle the Mayor's comments; however, the residents did not object to the salaries being paid to the employees providing the City could afford to pay those salaries. She said she was concerned with the value being received from the high paying positions. She said over the past few years, the salaries have been increased but the services have not. She said the City was top management heavy. She said if the residents had to give up money to support the City then the employees should do the same. Walter Rekuc, Resident, asked C/M Rohr if he read the internal audit for the last 2 years and C/M Rohr said he has not been office for the last 2 years. Mr. Rekuc said the audit recommended that an internal auditor was needed. He said according to the audit report, the Public Works Department lacked inventory control and numerical control of the workorders. He said for 2 years he asked for these reports which have been refused by the City Manager. He said there were too many problems in the City's economy and the City Council needed to adhere to these problems financially. Sol Ruben, Resident at Lakes of Carriage Hills, had concerns about the duplication of positions within the City and, after reviewing the positions, he found that they were not duplicated. Kathren Gardner, Resident, had concerns with why her taxes were increased last year and this year. C/M Hoffman said last year, the City did not increase the City taxes and the State and County taxes were not imposed by the City. He said the City's taxes were the smallest collected from the residents. He said the residents were required to pay Hospital taxes, Water Management District taxes, School taxes, County taxes, etc. Melanie Reynolds, Resident, said the City's Charter stated that the City Manager was to submit a message with the Budget; however, this was not done. City Manager Kelly said the message was discussed verbally with the City Council and Mrs. Reynolds said the message was always available with the Budget because the Charter called for one. Mrs. Reynolds had concerns with the Budget being adopted by Resolution. She said it was mandated by the City Charter that the Budget be adopted by Ordinance and she could not understand the City Attorney adhering to the Attorney General's opinion regarding the matter when he did not bother to adhere to the Attorney's General opinion of 1978 stating that the Budget should be adopted by Ordinance. She said the City Attorney did not respond to C/M Hoffman's request to adopt the Budget by Ordinance even though C/M Hoffman was the former Chairman of the Charter Board. Page 8 1 1 1 9/22/88 Mrs. Reynolds had concerns with the garbage collection fees being listed as a line item when the fees were a wash in the Budget. V/M Stelzer said bills could not be paid unless they were identified in the Budget. Mrs. Reynolds said she challenged the amount of $1,530,217.00 when the first Budget submitted was in the amount of $1,780,914.00. She asked if the accounting for this was available to the Public. C/M Hoffman said the Budget listed the sanitation services as a revenue and expenditure and Mrs. Reynolds said she challenged the contract because it was not in accordance with Section 7-19 of the Charter. She said there was no competitive bidding done for the franchised services as mandated by the State Statute and the City Code. Mayor Abramowitz Closed the Public Hearing with no further response. 4. MOTION TO ADOPT Temp. Reso. #5147 adopting a final millage rate for Fiscal Year 1988 89. SYNG-PSIS OF ACTION: APPR OVEL . RESOLUTION NO. R-88-250 - PASSED City Attorney Doody read Temp. Reso. #1547 in its entirety. * C/M Rohr MOVED to APPROVE Temp. Reso. #1547, * SECONDED by C/M Hoffman. vnm,P. ALL VOTED AYE 5. MOTION TO ADOPT Temp. Reso. #1548 adopting a final Budget for Fiscal Year 198889. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-251 - PASSED City Attorney Doody read Temp.^ Reso. #1548 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #1548, * SECONDED by C/M Hoffman. V/M Stelzer said of the residents present, there were only 8 people who attended the City Council's Workshops on the Budget. He said the residents had the duty to attend the Workshops before the millage rates was set. He said the residents would be heard during the Workshop meetings. He said the Department Heads submitted their Budget to the City Manager who reviewed and cut the Budgets then, the City Council reviewed the Budgets and cut them again. Page 9 9/22/88 V/M Stelzer said the salaries in the surrounding Cities were much higher than the salaries in the City and the City was losing good people because of it. He said the City had 3 Unions and had to comply with their demands. He said the residents should not concern themselves with the feasibility of the annexation because in the future, they would see that this was one of the best things the City could have done. Mayor Abramowitz said the City Council and staff worked very hard on the Budget. He said the City Council was trying very hard to do what would benefit the City. Mayor Abramowitz said the City would be celebrating their 25th Anniversary soon and he would like the residents to celebrate it with joy. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 8:50 P.M. �� 0�7-Ma��JU: NO MAN ABRAMOWI Z, MAYOR QT CAROL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $139.50 or $3.88 copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF Ze i s� City Clerk per of 1 1 1 Page 10