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2009-07-29 WkspCOMMENCEMENT AND ATTENDANCE: July 29, 2009, Joint Workshop, 9:00 a.m. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea BOCC Chairperson Cliff Betts Commissioner Noel Chandler Commissioner Ray Domer Commissioner Margaret Garrard -Helton Commissioner Joey Hoover County Administrator Lyndon Bonner Deputy County Administrator Robbie Chartier Deputy County Administrator Jim Threewits County Attorney John Cassels Deputy Clerk Paula Poskon CITY OF OKEECHOBEE .JULY 295 2009 CITY COUNCIL AND BOARD OF COUNTY COMMISSIONERS SUMMARY OF JOINT WORKSHOP DISCUSSION 323 PAGE 1 OF 4 BOCC Chair, Cliff Betts called the July 29, 2009 Joint Workshop to order at 9:00 a.m. in the Okeechobee Health Department Auditorium, located at 1728 Northwest 9t' Avenue, Okeechobee, Florida. Present Present Present Present Present Present Absent Present Present Present Present Present Present Present Present Present Absent Present The invocation was offered by Reverend Paul Jackson, Sr.; followed by the pledge of allegiance. 1. Convene Joint Public Workshop to discuss the implementation of The purpose of this workshop was to allow for continued discussion between the City Council and Board of County the Emergency Medical Services Special Assessment Program Commissioners regarding the implementation of an EMS Special Assessmentto both City and County property owners. between the County Commission and the City Council. The City Council, through communications to Administrator Whitehall, expressed the concern of not having sufficient public meetings in order to give forums where tax payers could have more opportunities to express their agreement 11 or disagreement with the adoption of this matter. The County respectfully offered this workshop to address that concern. 324 JULY 29, 2009 - CITY & COUNTY JOINT WORKSHOP - PAGE 2 OF 4 AGENDA a" DISCUSSION 1. Convene Joint Public Workshop to discuss the implementation of Chair Betts yielded the floor to County Staff and consultants. Mr. Lee Evett, Vice President of Willdan Financial the Emergency Medical Services Special Assessment Program Services, presented a power point presentation to the boards and members of the public that were present. The same between the County Commission and the City Council. power point presentation was made at the July 21, 2009 City Council meeting, with the exception of one new additional slide. For review, Why An Assessment Program? -Assessments are not based on property value, ownership or use. EMS assessments based on benefit analysis; -Historic service demands by property type, -Current cost of EMS service demand by individual parcels, -Everyone pays their fair share. Stable dedicated revenue stream. Assessments only fund authorized services. EMS Assessment Provisions. -Total assessment equal or less than cost of authorized services. -Assessments based on special and peculiar benefit to properties. -Costs must be fairly and reasonably apportioned. What Does a Benefit Analysis Provide? -Derives historical demand for EMS services by property type -EMS call value. -Equitably apportionment of costs to properties. Call Data. 7,998 EMS calls received from 2007-2008. 1,325 of these EMS calls are non -property related. 6,673 EMS calls relate to specific property types: Residential 5,224, Hotel/Motel/RV Parks 38, Commercial 1,393, Industrial/Warehouse 18, noting again that political boundaries were not identified. EMS Assessment Costs. -Fiscal Year 2009-10 EMS (proposed) Budget $1,795,133.00. New slide: Total Assessable $1,795,133.00 Less non -property -$ 293,896.00 (County to absorb) Less government assessment -$ 53,711.00 (County to absorb includes $22,002 of City property) Based on conversations with Commissioner Hoover, Mr. Evett distributed a handout with the following information: First Year Maximum Commercial Budget Allocation $ 312,690.00 $ 418,991.00 Total Commercial Square Footage 5,674,343.00 5,674,343.00 Amount Per SF $ 0.05511 $ 0.07384 Industrial Budget Allocation $ 4,035.00 $ 5,475.00 Total industrial Square Footage 2,488,951.00 2,488,951.00 Amount Per SF $ 0.0016 $ 0.0022 JULY 29, 2009 - CITY & COUNTY JOINT WORKSHOP - PAGE 3 OF 4 325 AGENDA DISCUSSION 1. Convene Joint Public Workshop to discuss the implementation of Discussion ensued regarding Commissioner Hoover's suggestion, as he was trying to find another methodology that the Emergency Medical Services Special Assessment Program would be more palatable to the City, as well as various other methods. Attorney Heather Encinosa, of Nabors, Giblin between the County Commission and the City Council continued. and Nickerson, cautioned the boards not to implement the assessment on residential parcels only, adding that her job was to ensure the County adopted a rate and method that was fair and reasonable to all property owners. Mayor Kirk and Council Member Watford noted they still had a problem with assessing the churches. Attorney Encinosa advised there is an option for a category of churches and non -profits to be included so that they are exempt from the assessment. City Administrator Whitehall added, going back to the Call Data information, the City has asked for a break down to separate the City's parcel's from the County's, the reason is that it has been stated that the County's proration calculations of how much should be attributed to what category (i.e. residential/commercial etc) is completely predicated on call data without regard to assessment against property. But the cost borne by each governmental entity is based on assessed value. It's difficult to reconcile the two approaches without knowing all the information. Chair Betts then asked for anyone from the public who wanted to address the boards. Reverend Jackson, noted he was addressing the boards on behalf of the Ministerial Association to formally request the churches be exempt from the assessment. Mr. Mack "Hoot" Worley expressed his disagreement with the assessment and offered a sales tax be implemented through the County, where everyone would pay their share, including those who do not own property but would or could use the service should they be in an accident or require medical treatment of some of nature. Mr. Robert Leon, CEO of Raulerson Hospital, took a moment to address comments regarding the hospital being excluded from paying the assessment, noting that they do not call for EMS service. However, later in the workshop it was noted that the basis for the assessment was an "availability fee." EMS service would be available to the hospital in the event of a natural disaster or some other issue where evacuation was necessary. Mr. Blair Kuhlewind gave a presentation regarding possible inequities of the assessment methodology as well as specific examples of possibility of greater efficiencies to run the EMS budget. He advocated to have a panel of citizens and Staff be appointed to review the budgets, as well as implementing a $250.00 call charge that in turn could educate people to better understand the importance of calling EMS and decrease the amount of frivolous calls. He asked that the boards not continue to cause law abiding, tax payers to bear the burden of those in the community who make bad decisions. 326 JULY 29, 2009 - CITY & COUNTY JOINT WORKSHOP - PAGE 4 OF 4 DISCUSSION-. AGENDA. :::: - 1. Convene Joint Public Workshop to discuss the implementation of the Emergency Medical Services Special Assessment Program between the County Commission and the City Council continued. ADJOURN WORKSHOP. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. AT, PT: ` James E. Kirk, Mayor ,1 Lane Gamiotea, CMC, City Clerk Pastor Randy Huckabee addressed the boards asking for churches to be excluded from the assessments, as they are non -profits and the money to pay the assessment would come from its members who are already paying for the service through their personal property assessment. In conclusion, there were three different methods to implement the assessment discussed. Following the workshop, the BOCC will consider the final adoption of their ordinance to implement the special assessment as well as a preliminary rate fee. The final rates will be adopted following a public forum, which each property owner will be notified by mail of the specific amount of the rate. That rate will be based on which method the County decides to use. Mayor Kirk asked Chair Betts whether the City could have a written record of the final decision made in the meeting today, prior to the August 4 Public Hearing? Chair Betts replied yes. There being no further discussion, the workshop was adjourned at' 11:02 a.m. bus BOARD OF COUNTY COMMISSIONERS 312 N"7 3RD STREET OKEECHOBEE, FLORIDA 863-763-6441 863-763-9529 Fax SPECIAL MEETING AND BUDGET WORKSHOP AGENDA Vv EDNESDAY, DULY 29, 2009 9: 00 a.m. MEETING LOCATION OKEECHOBEE COUNTY HEALTH DEPARTMENT AUDITORIUM 1728 NW 9Tx AVENUE, OKEECHOBEE, FLORIDA CLIF BETTS, JR. — CHAIRMAN: NOEL CHANDLER — 1" VICE CHAIR ' RAY DOMER' JOEY HOOVER ± MARGARET GARRARD HELTON Lyndon L. Bonner County Administrator BUSINESS Public Comment John D. Cassels, Jr. County Attorney 1 • Convene Joint Public Workshop Between the Okeechobee City Council and Okeechobee Board of County Commissioners to Discuss the Implementation of the Emergency Medical Services Special Assessment Program Adjourn the Workshop 2. Convene Special Meeting of Okeechobee Board of County Commissioners a. Adoption of Ordinance 2009-03, EMS Tax Assessment Apportionment and Collection — Robbie Chartier b. Adoption of Resolution 2009-41, Initial EMS Tax Assessment Rate — Robbie Chartier c• Budget Action — Lyndon L. Bonner Any person deciding to appeal any decision by the BOCC with respect to any matter `s considered at this meeting or hearing will need to ensure that verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. CITY OF OKEECHOBEE JULY 29, 2009 CITY COUNCIL AND BOARD OF COUNTY COMMISSIONERS SUMMARY OF JOINT WORKSHOP DISCUSSION BOCC Chair, Cliff Betts called the July 29, 2009 Joint Workshop to order at 9:00 a.m. in the Okeechobee Health Department Auditorium, located at 1728 Northwest 91h Avenue, Okeechobee, Florida. Officials and Staff present were: Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Clerk Lane Gamiotea BOCC Chairperson Cliff Betts Commissioner Noel Chandler Commissioner Ray Domer Commissioner Margaret Garrard -Helton Commissioner Joey Hoover County Administrator Lyndon Bonner Deputy County Administrator Robbie Chartier Deputy County Administrator Jim Threewits Deputy Clerk Paula Poskon Chair Betts recognized Sid to give a brief invitation to the Philippino Cultural Arts Center Ground Breaking this Saturday. Invitations have been sent to the BOCC and City Council. The invocation was offered by Reverend Paul Jackson, Sr; followed by the pledge of allegiance. The purpose of this workshop was to allow for continued discussion between the City Council and Board of County Commissioners regarding the implementation of a EMS Special Assessment to both City and County property owners. The City Council, through communications to Administrator Whitehall, expressed the concern of not having an sufficient public meetings in order to give forums where tax payers could have more opportunities to express their agreement or disagreement with the adoption of this matter. The County respectfully offered this workshop to address that concern. Chair Betts yielded the floor to County Staff, and consultants. Mr. Lee Evett, Vice President of Willdan Page 1 of 5 Financial Services presented a power point presentation to the boards and members of the public that were present. The same power point presentation was made at the July 21, 2009 City Council meeting, with the exception of one new additional slide. For review, Why An Assessment Program? -Assessments are not based on property value, ownership or use. EMS assessments based on benefit analysis; -Historic service demands by property type. -Current cost of EMS service demand by individual parcels. -Everyone pays their fair share. Stable dedicated revenue stream. Assessments only fund authorized services. EMS Assessment Provisions. -Total assessment equal or less than cost of authorized services. -Assessments based on special and peculiar benefit to properties. -Costs must be fairly and reasonably apportioned. What Does a Benefit Analysis Provide? -Derives historical demand for EMS services by property type -EMS call value. -Equitably apportionment of costs to properties. Call Data. 7,998 EMS calls received from 2007-2008. 1,325 of these EMS calls are non -property related. 6,673 EMS calls relate to specific property types: Residential 5,224. Hotel/Motel/RV Parks 38. Commercial 1,393. Industrial/Warehouse 18. (Political boundaries were not Note whether they were in the City or County was not separated out). EMS Assessment Costs. -Fiscal Year 2009-10 EMS (proposed) Budget $1,795,133.00. New slide: Total Assessable $1,795,133.00 Less non -property -$ 293,896.00 (County to absorb) Less government assessment -$ 53,711.00 (County to absorb includes $22,002 of City property) Based on conversations with Commissioner Hoover, Mr. Evett distributed a handout with the following information: Commercial Budget Allocation First Year $ 312,690.00 Maximum $ 418,991.00 Total Commercial Square Footage 5 674 343.00 $5,674.343.00 Amount Per SF $ 0.05511 $ 0.07384 Industrial Budget Allocation $ 4,035.00 $ 5,475.00 Total Industrial Square Footage $2,488,951.00 $2,488,951.00 Amount Per SF 0.0016 $ 0.0022 Discussion ensued regarding Commissioner Hoover's suggestion, as he was trying to find another methodology that would be more palatable to the City, as well as various other methods. Attorney cautioned the boards to not implement the assessment on residential parcels only, adding that herjob was to ensure the County adopted a rate and method that was fair and reasonable to all property owners. Mayor Kirk and Council Member Watford noted they still had a problem with assessing the churches. Attorney advised there is an option for a category of churches and non -profits to be included so that they are exempted from the assessment. Page 2 of 5 City Administrator Whitehall , the city council indicated, what we have been told is the $256,000,000.00 would remove the city from the , disparity of $260,000,000.00 how much the city parcels will generate in revenue. Not a simple matter for BOCC to address, if the city council vote no to adopt the ordinance. Methodology is not based on political boundaries, city is more dense, sure the call volume is more than. Chair Betts then asked for anyone from the public who wanted to address the boards. Reverend Jackson, noting he was addressing the boards on behalf of the Ministerial Association to formally request the churches be exempted from the assessment. Mr. Mack "Hoot" Worley expressed is disagreement with the assessment and offered a sales tax to be implemented through the County, where everyone would pay their share, including those who do not own property but would or could use the service should they be in an accident or require medical treatment of some of nature. There are bills that have to be paid at the church, much less to add the assessment. Think the new method might be a better way to go, but do not believe the churches need to be in there. From the minitrial association, voted on it and are officialling requesting that you not approve it. Mack "Woot" Worley, support your efforts to offer the service to the community. State legislature counties with economic concern this option, many counties do not have. Correct. Hired consultant firm to show you how to put th peg in the whole, not how to do it. The consultant advocating for you to accept this option. User base service, people use not property service. Urge you not to adopt this option, poor way to address this issue. Hoover asked me to bring another option. Tax state have used forever, sales tax is the better method to use for this, everyone has to pay it. Sales tax as a way to fund this. Robert Leon, CEO of Raulerson Hospital, address concern with regard the hospital paying the assessment. Hospital is exemption since we take individuals regardless of not being able to pay. Current proposal we are exempt. Does not have any call history for EMS. Kuhl�u�cnd Mr. Blair kiftdenwod lived over 30 years, may have mis understood, a hotel 50 rooms, $100.00, 10,000 s.f. seems to be a little bit of an inequity, can't say I"m happy about this assessment, amazed and starled at the expense of EMS for the county, over $7,000 per day, unfunded portion, over $5,000 per day, 30.5% is funded leaves 70% unfunded, about 11 calls per day, almost 2 calls per day are non -property related, how many were real calls? How many were frivilious, dealth with mom and dad, to call EMS is easy to do, how many were repeated by the same caller? Trying to see what kind of waste involved? Potential answers greater efficiencies, create a panel to review waste areas. Appendix A, budget $7400.00 for tires for one year. How do you use that amount of money for tires? Think there is room for greater efficiencies. I know the average call price is $6 $450.00 per call unfunded, propose $225 to be paid by the caller as a user fee. Perhaps they will consider the importance of their call when they know they will have to pay. Even vacant land owners are benefitted by the service of EMS. Should they not have the privilege of contributing this services? Not advocating more taxes, people are struggling to pay as it is. Couldn't help but look at one other place. Arrest log, and how many. There is a certain segment in our community that demonstrate lack of good judgement. They put law enforcement in jeopardy every day. In order to help the county you try to come up with a revenue stream. I would advocate an arrest jail booking fee, minimum $200.00 this is not a presumption of guilt or innocense, they are using our services by making the wrong Page 3 of 5 decisions. Make them pay, if all charges are dropped then drop the fee, all charges dropped, reimburse the money. Just like you go into a hotel you are expected to pay. It may create a deterent of bad behavior. Bett,s your in a better position than most, medicare/medicaid know where they pay and a lot of our lost is that, we've talked about how to get those costs and that is hard for us to recover. Chief bill's them and we are at their mercy. Drives the costs up. Randy Huckabee, encouraged by what I have heard today, a lot of other options to look at, do not need to rush on this, taking on the shades of Washington. As far as churches you know how I feel, feel the same on businesses. The tax will be passed on to me and every other business owner. Yes we have people from out of the county. Good neighbor recipient. Mute point, lesser of two evils for a flat assessment. Strongly look at exempting the churches. Mike O'Connor, work place, church, the rentor, commercial property, my rent is going to go up and I don't even own the property, effect everybody. Watford, procedure, appreciate on time frame and are getting flack just like Washington, so that's the reason an unfortunate. City council we have August 4 for our final hearing on the ordinance. Basically we have no say in that? The rates? The BOCC will set the rates, we have not say whatsoever, yes lets do an assessment but lets do it this way or that. Yes. Watford, worse case scenario, passes second reading? Adopt ordinance and preliminary rate resolution. Didn't you say there is a chance they will not adopt it? Correct the rate resolution does not have to be adopted. Agree with the hospital's situation. This is scenario is that this is an availability, Ray Domer, everybody keeps forgetting why we do it and shocked with the amount of money, confuses me every body seems to agree with a part of this and a part that they don't so any part of it is not accurate then how can you see any of it, each piece is needed or you distort the entire program. Not for having to tax anyone. Where are we going to get the money? Revenue is not there. We balanced our budget but we cannot stump our toe. Mr. May has an important job, he's in shock how much money cannot be sent to fund the S.O. can't run the county on our savings. Trying to be as fair as possible. We have experts here telling us how to do this and here we are telling them how to do it differently. They made a recommendation to us as the most fair way and most defendable. Reinventing it is not a good time. What I have seen and written on this I think is fair. To redesign it is risky. People forget this is not a fee for performing the service but to have the service on hand as you need it and as we grow, this will have to grow. Going to have a big bearing on others to other constitutionals. Everybody wishes its better. We only have so many dollars. This hasn't been that big of an issue, until we realized we could not fund it from the host fee's. Do not think we can find a better more fair method and use the historic data. As far as I see I like the per square footage now, If this appropriation ment information is historic, information data, agrees accurate then to me this method has got to be as fair as you can arrive at don't see how we can't adopt this. Don't like telling people we have to add another fee. But other fees or tax will be implemented. Consultants have read some numbers to mix what we talked about this morning. Heather, 3 methods, 1s' is ours, square footage what was passed out and the V is the might be some Page 4 of 5 res 74.00 hotel motel RV same numbers $2 per unit commercial $223.00 per building industrial $9 per bldg 762.00 per building govt buildings looking at number of buildings to give as much information, commercial rate 2/3 based on size would pay more smaller to larger, most are less than 5,000 sf, just something that we wanted to throw out to you. Mayor you will provide the city with what happens here today? Yes before August 4. There being no further discussion, the workshop was adjourned at 11:02 a.m. Page 5 of 5 Commercial Budget Allocation Total Commercial Square Footage Amount Per SF Industrial Budget Allocation Total Industrial Square Footage Amount Per SF First Year Maximum $ 312,690 $ 418,991 5,674,343 5,574,343 $ 0.05511 $ 0.07384 $ 4,035 $ 5,475 2,488,951 2,488,951 $ 0.0016 $ 0.0022