Minutes 02-13-12 MINUTES OF THE FINANCIAL ADVISORY COMMITTEE HELD ON
MONDAY, FEBRUARY 13, 2012 AT 6:00 P.M.
AT THE BOYNTON BEACH CITY LIBRARY, ROOM "A"
208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT
Don Scantlan, Chair Barry Atwood, Finance Director
Dennis Dougherty Lori LaVerriere, Interim City Manager
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Jeffrey Fisher
David Katz
Terry Lonergan
ABSENT
William Shulman
1. Call to Order
Chair Scantlan called the meeting to order at 6:00 p.m.
The Recording Secretary called the roll. A quorum was present.
Chair Scantlan added items 2B and 2C, discussion of the Commission's desire for Vice
Chair, and in reference to his resignation, Mr. Feldman's assignments.
Motion
Ms. Lonergan moved to approve the agenda as amended. Mr. Katz seconded the
motion that unanimously passed.
2. Announcement of Committee Member resignation
Mr. Feldman had sent a letter of resignation to former Mayor Jose Rodriguez, which
was not submitted to the Clerk's office. Board Representative Barry Atwood contacted
Mr. Feldman and requested he resubmit it.
2.B. Due to Mr. Feldman's vacancy on the Board, Chair Scantlan inquired if anyone
wanted to volunteer to cover his assignments. After brief discussion, Mr. De-Lig-hefty
Fisher agreed to handle Item 27, Revenue Streams from Other Cities.
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2.C. The City Commission selected William Shulman to serve as Vice Chair. They
requested Chair Scantlan take the announcement back to the Committee and advise
the Committee that he was their choice because of his qualifications. The members
noted the Financial Advisory Committee was the only Committee whose members could
not elect its own Chair and Vice Chair.
Motion
Mr. Katz moved the Committee ask the City Commission to amend the Ordinance so
the members could elect the position of Chair and Vice
Chair. Mr. Dougherty seconded the motion that unanimously passed.
Ms. LaVerriere agreed to place this item on the March 6th City Commission agenda.
It was noted the Chair and Vice Chair only run the meetings and no special
qualifications were needed for those positions. It was further noted that when the
members were asked if they were interested in volunteering to serve as Vice Chair, Mr.
Shulman did not volunteer.
3. Approval of January 9, 2012 Minutes
The following changes were made to the January minutes:
Page 5, Item 8, fourth paragraph, "She was advised 12y Mr. Majors indicated he would
never close a park because there was a per capita requirement. Each community that
had a park changed it so it met specific criteria for them the community it served."
Motion
Mr. Katz moved to approve the minutes. Ms. Lonergan seconded the motion that
unanimously passed.
4. Overview of the City's Economic Development Program — Nancy Byrne,
Interim Director of Development
Ms. Byrne distributed a handout and reviewed the Economic Development Program.
Staff created the handout for the October 18, 2011 City Commission meeting, following
the format the City used in the past with its Sustainability effort. A core staff team and
key departments presented the program to the City Manager, Community
Redevelopment Agency Director, and a Chamber representative. There was a 21 item
implementation list, which was has grown to 50 items due to meetings with the County
Economic Development Office, the Business Development Board, the Chamber of
Commerce, and other key stakeholders. The City Commission approved the document
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and staff began implementing the short-term goals. The first quarter update was
provided in the back of the document.
Ms. Byrne discussed Business Tax Receipts. The Governor wanted to repeal the
Business Tax; however, the initiative failed. It was likely it would resurface again next
year and if repealed, it would be a Toss of revenue to the City.
The Economic Analysis was being expedited. This was a comparison with other cities
to determine how to offset the purpose of Business Tax. In Boynton Beach, Business
Tax ensures the right uses were located in the correct zoning districts. Often there was
a prescreening process before the lease was signed and the individual began
operations. Each site was inspected by a Commercial /Fire Inspector so unpermitted
activity could be detected. It provided a safety function.
Boynton Beach was considering instituting a "Certificate of Use" in place of Business
Tax. It would be a much lower fee, and whatever was paid in salaries would be
recouped. From an economic development standpoint, several surrounding
municipalities had a flat tax or lower fee structure. The statute requires the fees to be
supported by a study, and they are only allowed to do one study. Additionally, the fee
could be increased by 5% every two years.
If the Business Tax remained intact, the Palm Beach County League of Cities would
send a delegation to Tallahassee to request they be allowed to conduct a new study.
Industries have changed over the last 20 years and many businesses coming to the City
did not fall into the Standard Industrial Classification (SIC) Codes the City used. The
North American Industry Classification System (NAICS) Codes are now used and staff
was struggling with the structure. Staff also did not think the fee structure was equitable
compared to surrounding cities.
Since the study was based on now obsolete SIC Codes, another study should be
undertaken. From an economic development perspective, staff would want to review it
as it would likely reduce revenues.
Last year, the Development Department, with the support of the Financial Advisory
Committee, sought a 5% increase in Business Tax Receipts which was denied, and Ms.
Byrne expressed they would be happy to request the increase again this year. The
Certificate of Use was not a revenue producer and Business Tax Receipts were
anticipated to provide $1.8 million this year, which would not be received next year
should the initiative pass. Business Tax was presently at 84% of its anticipated revenue
and the first quarter was not yet over. There was a lot of business turnover and
additional revenue was anticipated.
The Development Department planned to offer incentives to help move small
businesses into the City. Much of the groundwork for the basis was being done. As to
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closing the $4 million shortfall for 2012/2013, the Building Department was already at
64% of its projected revenue and it was anticipated it would close a good portion of that
gap. If they stayed on track, the Department should accumulate $750,000 to $1,000,000
over their projected revenue.
The Development Department was undertaking a long -range plan and setting the
framework for a program. Currently, the most controversial issue affecting the
commercial tax base was the moratorium and staff was conducting an exhaustive study.
Not -for profit activity in the City was stopped as they detract from the tax base. The City
Commission would decide at the next meeting, whether they would allow the church out
of the moratorium and into the mall. The Church provided economic data about what
they would supply in income from parishioners. It was noted the church was a mega
church which was not the norm.
Staff was researching how to put good incentives in place to keep those uses out of
industrial areas. As part of an economic development program, staff would hold a
stakeholders meeting regarding how to attract complementary businesses and identify
competition. Ms. Byrne noted Sports Authority and Dicks Sporting Goods were side -by-
side, and Wal -Mart and Target were nearly back to back. There was only so much that
the market could support as they were not pulling in the extra market share. This year,
staff sought to duplicate grant programs offered by the CRA since their programs were
successful. Two programs in particular were often requested which were the Interior
Renovation and the Facade Grant. Staff will request a small amount of money since
there was not a lot of money in the program but Ms. Byrne wanted to show its success
and there was a demand for it. The goal was job creation.
To -date, Planning and Zoning was at 50% of their projected revenue. A report for the
bond company, using a conservative view on the permits that were active, reflected $78
million in construction occurred since 2010. The Development Department was very
busy and there were a lot of rental properties coming into the City.
Ms. LaVerriere suggested Ms. Byrne attend the FAC meetings once or twice per year
and give an update. Mr. Fisher also expressed an interest in attending the economic
development quarterly meeting that would be held. Ms. Byrne explained there was a lot
of data from the County showing development was improving.
5. Citizen Survey discussion
A copy of the online survey was distributed to the members and Chair Scantlan
requested the members take the survey. As of last Thursday, there were 38 surveys
taken; however, only 20 were completed.
Ms. Lonergan explained her job regarding the survey was to contact the Homeowner
and Condominium Associations. She commented there were 78 email addresses of
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said associations of which 16 addresses did not reach the recipients. The emails
attached a flyer and hard copy of the survey to provide for their residents or newsletter.
She did not receive any responses through her personal email.
There had been prior discussion of including the surveys at Starbucks and other
locations. The survey was sent to the Sun - Sentinel, the Palm Beach Post, was on
Facebook, and on all the social media. The online survey on the website was through
Survey Monkey and a suggestion was made to place the survey at all City facilities. Mr.
Atwood would send a copy of the flyer to all department heads.
Ms. Lonergan agreed to share the invalid email addresses with Ms. LaVerriere who
would forward them to the Police Department.
6. Update by Committee members regarding progress to date of their Study
and Assignment Areas
Ms. Lonergan recalled there was previous discussion the City Attorney would attend the
meeting and give a general overview about his office, how he came about, and was
paid. It was thought the Attorney was a typical department entity that was funded. Ms.
LaVerriere provided the background for the City's legal department and how the use of
an in -house attorney would not be beneficial to the City. Presently, the City has access
to other attorneys through the currently retained law firm. Additionally, Risk
Management uses various attorneys for special litigation. An inquiry was made how
Risk Management obtains its attorneys, which Ms. LaVerriere agreed to research;
however, after further discussion, there was agreement to remove this item.
Ms. Lonergan also had items 34, 35, and 36, dealing with Pension plans for Police, Fire
and General Employees respectively. She commented she has no background on
pensions and requested direction on how to proceed. It was explained the task was
really to compile information. It was not so much of a study as it was a comparison of
benefits. Chair Scantlan viewed the matter as a Human Resource issue as part of a
benefit plan.
Mr. Katz explained he had met with two of af4 the Unions and was reaching out to all of
them as he has had relationships with them for 20 years. The goal was to close the
shortfall. When asked if he would be willing to take on the items, Mr. Katz responded
he would be willing to continue negotiation with the Union representatives in relation to
the pension, their contribution, and how it affects the general fund.
Mr. Dougherty gave an update on the School House Children's Museum item. After
contacting several individuals, conducting preliminary research, obtaining financial
information and making contact with other local museums, he saw City funding
continuing this year and weaning them from the funding. Ms. LaVerriere explained that
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was the Museum's expectation as well. Chair Scantlan explained if all the information
was obtained, Mr. Dougherty should complete the form and submit it to the Committee.
Item 20A Impact of New Legislation /League of Cities was also one of Mr. Dougherty's
assignments. He advised he was obtaining a lot of information as the League apprises
its municipalities of pending legislation and had been on the League's website. He
sought direction because he did not see any deliverables. It was explained the
recommendation for this item could be to explain how new legislation would impact the
City's budget and /or the recommendation could be to become more active and engage
more in pending legislation. Ms. LaVerriere commented a lot of legislation coming from
Tallahassee regarding municipalities was very harsh and the City could adopt a
resolution or ordinance when needed.
Item 2, the Capital Improvement Plan (CIP) Analysis pertained to the General Fund.
Mr. Atwood explained currently there was no general fund money going into the CIP
and it was clarified this task did not pertain to the Utilities Capital Improvement Plan.
Mr. Dougherty was directed to Mr. Atwood, Jeff Livergood and Tony Davidson for
further information. A Statement of Need for each project was needed.
Mr. Fisher was assigned to Item 21, the Analysis of Residential versus Commercial Tax
Base. He explained the form he received last week was based on 2010 population. He
inquired how current the information was and Ms. LaVerriere agreed to update the
information. Chair Scantlan explained the scope of work encompassed what could be
done to close the budget gap. He would like to see a larger scope taken on the project
and explained it could be defined how to improve and close the gap.
Mr. Dougherty had reviewed the paperless billing that was instituted last year. He
inquired if there was a way for individuals to pay through their bank account. Mr. Atwood
explained there was but he noted obtaining a software vendor to handle the City's Utility
billing was expensive. The second phase of the item was City staff would research the
software. Mr. Atwood pointed out the City retained Penn Credit to pursue unpaid bills
all the way back to 2009.
In regard to Utilities, some cities charge a tampering fee for tampering with the meters
Utility workers read. The Utility Department conducted a comprehensive analysis of
what other cities have in place. It was suggested this item may be brought before the
Committee to review.
There was very brief discussion about the upcoming meeting dates scheduled for the
second and fourth Mondays of the month from February 27 through to June 25th.
There was agreement not to meet on May 28th due to the Memorial Day weekend. The
Financial Advisory Committee planned to have all their recommendations completed by
May 14th. Ms. LaVerriere suggested May 30th, 31st, or June 1st for a joint workshop.
Accordingly, there was agreement for the Financial Advisory Committee to return to
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meeting once a month in June contingent on the City Commission requesting further
information.
7. Adjournment
There being no further business to discuss, Mr. Katz moved to adjourn. Ms. Lonergan
seconded the motion that unanimously passed. The meeting was adjourned at 7:42
p.m.
Catherine Cherry
Recording Secretary
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