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HomeMy WebLinkAboutVI (G) Discussion re: City's Contribution for LobbyistAGENDA 5-7-96 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI G 5. 5CUTT VANL)EKGR1F1' MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: May 2,1996 RE: LEGISLATIVE RETAINER AGREEMENT Approximately two months ago the Mayors of Apopka, Winter Garden and Ocoee met with members of their respective staff to discuss issues that face all three communities that might be discussed at a joint meeting of the communities at a later date. One of the issues discussed was the gasoline tax and the apparent disinterest on the part of the City of Orlando to negotiate a fair allocation of the gas tax based upon population. At that time it was decided that it would be almost impossible politically to get a local bill through the legislature that would mandate a reallocation of this tax. To this end, it was decided that our City Attorney would review the methodology used by the County and the City of Orlando to establish the original tax and to see if there was any further case law on unfair distribution of taxes that might be used as a defense legally. Later last month, the Florida League of Cities had their Legislative Action Day in Tallahassee. Our Commissioner Gleason, as well as Apopka's Mayor Land went up to this event and discussed with several of our local delegation the inappropriate distribution of gas tax money in Orange County. Approximately two weeks ago, Commissioner Gleason discussed the possibility of retaining a lobbyist for the purpose of having legislation introduced that would more fairly distribute this gas tax. This came about as a result of some discussions with Mr. Oscar Juarez, who advised Commissioner Gleason and eventually others, that the time might be right for a gas tax amendment to be added to certain Bills at the end of the Session. COMMISSIONERS CITY OF OCOEE RUSTY JOHNSON SCOTT ANDERSON 150 N. LAKESHORE DRIVE SCOTT A. GLASS OCOEE, FLORIDA 34761-2258 JIM GLEASON (407) 656-2322 CITY MANAGER ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: May 2,1996 RE: LEGISLATIVE RETAINER AGREEMENT Approximately two months ago the Mayors of Apopka, Winter Garden and Ocoee met with members of their respective staff to discuss issues that face all three communities that might be discussed at a joint meeting of the communities at a later date. One of the issues discussed was the gasoline tax and the apparent disinterest on the part of the City of Orlando to negotiate a fair allocation of the gas tax based upon population. At that time it was decided that it would be almost impossible politically to get a local bill through the legislature that would mandate a reallocation of this tax. To this end, it was decided that our City Attorney would review the methodology used by the County and the City of Orlando to establish the original tax and to see if there was any further case law on unfair distribution of taxes that might be used as a defense legally. Later last month, the Florida League of Cities had their Legislative Action Day in Tallahassee. Our Commissioner Gleason, as well as Apopka's Mayor Land went up to this event and discussed with several of our local delegation the inappropriate distribution of gas tax money in Orange County. Approximately two weeks ago, Commissioner Gleason discussed the possibility of retaining a lobbyist for the purpose of having legislation introduced that would more fairly distribute this gas tax. This came about as a result of some discussions with Mr. Oscar Juarez, who advised Commissioner Gleason and eventually others, that the time might be right for a gas tax amendment to be added to certain Bills at the end of the Session. During this time, Jack Douglas and Richard Anderson from Apopka, Hollis Holden from Winter Garden and this writer were meeting to finalize an agenda for .a joint meeting to be held in Winter Garden on May 30, 1996, at 7:30 p.m. Commissioner Gleason contacted us while in my office, and discussed his desire for the three cities to possibly retain Mr. Oscar Juarez and go after the gas tax amendment. Upon discussion, it was decided that the City of Apopka, through Mayor Land, had the authority to expend the necessary dollars to enter into a contract with Mr. Juarez. Furthermore, Winter Garden City Manager Hollis Holden also had the authority for his share of the dollars but wished to discuss this with members of his City Commission to determine whether they wanted to retain Oscar Juarez' services. In the case of the City of Ocoee, there was no scheduled meeting of the City Commission; there was no budget authority to normally expend the necessary dollars to retain Oscar Juarez. Furthermore, the decision as to retaining this lobbyist had to be made within that 48 hour period so that Oscar Juarez had the ability to have the time to set the wheels in motion to get this amendment passed. Finally, I was concerned that I could not poll the City Commission in fear of this being a possible violation of the Sunshine Law and could not have a public meeting of this issue without signaling to the City of Orlando our intent to have this amendment passed during the last few days of the Session. Since I felt that this issue could result in several million dollars over the course of a decade, and there appeared to be a very likely chance that this could pass, I determined that this was an emergency situation. Early the next day I found out that Winter Garden had agreed to the hiring of Oscar Juarez and therefore, I agreed to do the same with the intent of placing this on the May 7,1996, City Commission Agenda for your confirmation. It is important for you to know that the retaining of Oscar Juarez is solely for this Session and results in an expense to the City of Ocoee of $7,560.00. The further retention of Oscar Juarez' services by our City or any other City is a separate issue and will certainly be discussed in an open meeting in the future (see attached Contract). Since the City of Ocoee did not participate in the negotiation of the contract for the retaining of Mr. Juarez, I had no knowledge of the timing of this issue nor when or if this issue was going to appear in the press. 'The article in the newspaper was as big a surprise to me as it was to you since I expected to discuss this issue after the Session with you at the meeting of May 7, 1996. It was never my intent to see our City Commission blind sided by this issue. It is requested that you agree to pay the attached bill to the City of Apopka for reimbursement from Contingency in the amount of $7,560.00. ES:fdg Attachments 04-24-1996 02:11PM FROM CITY OF APOPKA TO 96568504 P.02 AGENDA APOPKA CITY COUNCIL SPECIAL MEETING APRIL 241-1996 - 2a00 P.M. OPENING AND INVOCATION DISCUSSION OF LEGISLATIVE ISSUES APPROVAL OF LEGISLATIVE RETAIMR AGREEMENT ADJOURNMENT: All interested parties may appear and be heard with respect to this agenda. Please be advised that,, under state law, if you decide to appeal, any decision made by the City Council with respect to any matter considered at this meeting or hearing, you will need a record of the proceedings, and that, for such purpose, you may need to ensure that a verbatim record of the proceedings is made, which record includes a testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in any of these proceedings should contact the City telephone (407) 889-1704, not later than five. (5) days prior to the proceeding. 04-24-1996 02:12PM FROM CITY OF APOPKA TO 96568504 P.03 NOTES SPECIAL COUNCIL MEETING LEGISLATIVE ISSUES April 24, 1996 2:00 P.M. 1. Pension. Currently there are a number of bills before the Florida Legislature, primarily HB 1951, that. dramatically change the way police and fire pension plans are funded. As you may be aware, the State of Florida over many years has set up a way of partially funding police and fire pension plans through a fee charged on insurance written within the corporate city limits of Apopka. These funds have been used over the years to enhance both the police and fire pension plans. Under the proposed HB 1951, these funds from the insuranced proceeds would only be used for new enhancements to the pension plans. As a result, should the Board of Directors of a pension plan move the money to buy additional benefits, then it would leave a gap in the funding of the existing benefits, which by Florida State law the City of Apopka would have to make up. The current funding for the police and fire pension plans through the insurance proceeds is $231,660. Should this redesignation of the original insurance proceeds take place, our annual budget would be affected by the same amount of money. 2. IFAS. Currently in the appropriation bills before the House and Senate, there has been allocated approximately $5 million to start the initial process of funding the new IFAS facility to be located near Lake Apopka. This facility will be a higher education learning facility as well as a research facility. Ultimately a student could get a four year degree from the University of Florida through this facility. i We believe this facility will have some impact on the Apopka area in terms of economic growth. 3. Western Beltway. As many of you are aware, the City of Apopka is very interested in making sure that Part A of the western Beltway is constructed to connect 441 in the City of Apopka with the Florida Turnpike in Ocoee. In FY 1995 the Florida Legislature allocated $20 million for the purchase of rights-of-way. We are attempting this year to get another $20-30 million to buy additional 04-24-1996 02:12PM FROM CITY OF APOPKA TO 96568504 P.04 rights-of-way. We understand that if that is accomplished the Part A portion of the Western Beltway will be constructed. 4. Lake ARgRka. There is currently a proposal before the i Florida Legislature to buy out the farmers along the borders of Lake Apopka in an attempt to clean up the lake. We have major concerns about the economic impact that this buyout would create on the City of Apopka. Xany businesses as well as individuals rely on the economic value of the farms to ensure their livelihood. S. Public Transportation Issues. There are other transportation issues that are of concern to the City of Apopka, such as the Apopka Bypass and improvements to 441 and 436 that may need some assistance in Tallahassee to ensure and protect our interests. na-e4-17yb b2;1.iPM FROM CITY OF APOPKA TO 96568564 P.67 i LEGISLATIVE RETAINER AGREEMENT i THIS -AGREEMENT is made and entered into° this day of April; 1996, by and between Juarez and Associates of 105 E'. Robinson Street, Orlando, Florida (hereinafter "Juarez") and the City of Apopka, a municipal corporation formed under the laws of 1 the State'. of Florida at 120 L. Main Street, Apopka, Florida (hereinafter'."City".) 1. Juarez agrees to provide legislative services for the City 'of Apopka for the 1996 Legislative session and any extensions thereof or special sessions. These legislative .services will.. general monitoring.of issues of'importance to the City as directed by the City. 2. Juarez may at Juarez's expense utilize subcontractors to i assist in this effort if, in the judgment of Juarez, such assistanceis needed. No person hired by Juarez who will be representing _himself] herself_As_a_representative. of ,the interests___ of the City of Apopka, Florida, shall be utilized by Juarez without i the prior written approval of the Mayor of the City of Apopka. 1 Juarez shall have the primary responsibility of providing i legislative services to the City. Juarez and any subcontractor representing the City shall be bound by the highest ethical standards and shall represent the City in a professional manner. 3. in return for said legislative services, the City agrees to pay Juarez the sum of $20,000, which is due and payable upon execution of this Agreement. It is understood that Juarez and any subcontractor are working as independent contractors and not as employees of the City and, therefore, no insurance or any other benefits or taxes are the responsibility of the City. IN WITNESS WHEREOF, the parties hereto have hereunder executed this Agreement on the date and year first above written. f JUAREZ AND ASSOCIATES 1 i By i i Title Date CITY OF APOPIiA BY Title Date 04-24-1996 02:15PM FROM CITY OF APOPKA TO 96568504 P.10 P_ U- BOX 1229 • APOPKA, FLORIDA 3270a-1229 PHONE (407) 889-1700 April 24, 1996 i City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Proportionate share of fee paid to Juarez and Associates for legislative services to the Cities of Apopka, Ocoee and Winter Garden during 1996 legislative session............................................ $7,560.06 Please make check payable to City of Apopka TOTAL P.10 04-24-1996 02:14PM FROM CITY OF APOPKA TO 96568504 P.09 APRIL 24, 1996 PAYMENTS TO JUAREZ & ASSOCIATES FOR RETAINER AGREEMENT ON EXECUTION OF AGREEMENT Apopka population 18,449 37.6% - $ 7,520.00 Ocoee '° 18,578 37.8% - 7,560.00 Winter Garden 12,098 24.6% - 4,920.00 49,125 100.0% - $20,000.00 i To extend agreement to the end of 1996 another $20,000.00 would be due from the cities and each city would pay the same amount as above. Apopka would pay the $20,000.00 on execution and for extensions and bill the other two cities for their respective shares. i i i c