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HomeMy WebLinkAbout2010-07-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY JULY 12, 2010 CALL TO ORDER: Mayor Talabisco called the workshop meeting of the City Commission to order at 9:30 a.m. on Monday, July 12, 2010, in Room 105, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. PRESENT: Mayor Beth Talabisco, Vice -Mayor Harry Dressler, Commissioner Pamela Bushnell, and Commissioner Diane Glasser. ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney Jacob Horowitz, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Talabisco led the pledge of allegiance. 1. Item No. 10 (a). WOODLANDS SAFE NEIGHBORHOOD DISTRICT: (TO2205) Motion to Adopt an Ordinance of the City Commission of the City of Tamarac, Florida on second reading creating a local government neighborhood improvement district pursuant to Section 163.506, F.S., to be known as the Woodlands Community Neighborhood Improvement District (the "District") generally bounded by Commercial Boulevard to the north, Rock Island Road to the east, N.W. 44th Street to the south and N.W. 64th Avenue to the west, more particularly described in Exhibit A; providing for the authorization to receive grants from the Department of Legal Affairs; authorizing the district to levy an ad valorem tax on real and personal property of up to two (2) mills annually, subject to a referendum; authorizing the use of special assessments; providing for a Board of Directors; establishing an Advisory Council to the Board of Directors; providing for notification to the Department of Legal Affairs and the Department of Community Affairs; providing for conflicts; providing for severability; and providing for an effective date. Community Development Director Bramley gave a presentation and delineated the boundaries of the Dependent District, and spoke of the exclusions — Woodlands Country Club, the six common areas (club houses) as well as a number of properties owned by the City of Tamarac. The president of the HOA requested a continuance of the item because he wanted to confirm the names submitted to serve on the Board of Directors. With regard to the Ad Valorem Tax Issue, staff contacted the Department of Revenue, but there is no additional information to impart to the Mayor and City Commission at this time. The Broward County Property Appraiser has informed us the rate is a maximum of 10 mils for the City and two mils for the Independent District. Language was added to the Ordinance to protect the City if the millage rate of the dependent district adversely affects the City's ability to levy its millage rate, and the District will be part of the City's budget process. Commissioner Glasser confirmed the townhouses on 44th Street are excluded and asked how the budget process for the District would affect the City. Community Development Director Bramley explained the District would submit their proposed budget to the City during our budget preparations and it will be included as a tab in our budget book, in essence, to make sure their books balance. There was discussion regarding the District's ability to choose a millage rate or assessment, and Assistant City Attorney Horowitz explained the Board would set the millage rate up t4 two mils each year; there are two funding methods that will be available to the District — the millage and an assessment. Vice -Mayor Dressler spoke of his concern with regard to the City being held liable for any debt the District may incur and after discussion, Assistant City Attorney Horowitz Page 1 of 5 City Commission Workshop Meeting July 12, 2010 said the City Attorney's office would look into adding indemnification language to the ordinance before Wednesday's second reading, if it was viable to add such language. Commissioner Glasser confirmed after the District's budget is approved, if they wish to amend their budget they must come back to the City for approval. There was discussion regarding liability insurance for the district, and Vice -Mayor Dressler asked staff to make sure the people in the community who are encouraging this ordinance appear at Wednesday's Commission meeting. Mayor Talabisco left the room at 10:35 a.m. and returned at 10:38 a.m. 2. Item No. 9 (a). 5 YEAR CONSOLIDATED PLAN FY 2010/2011-2014/2015: (TR11831) Adopting the City of Tamarac Consolidated Plan; authorizing the appropriate City officials to submit said Consolidated Plan program funds for HUD's fiscal years 2010/2011- 2014/2015; together with the fiscal year 2010 (City's Eleventh program year) Annual Action Plan to the U.S. Department of Housing and Urban Development ("HUD") for the Community Development Block Grant ("CDBG"); (Case No. 7-MI-10). 3. Item No. 9 (b). FY 2010/2011 ANNUAL ACTION PLAN: (TR11894) Approving the projects recommended for inclusion in the fiscal year 2010 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds estimated to be $452,940 for the Eleventh Program year (case no. 12-mi-10). Community Development Director Bramley and Housing Administrator Bauldree appeared. Housing Administrator Bauldree gave a presentation on Items 2 (TR11831) and 3 (TR11894) on the workshop agenda. Vice -Mayor Dressler spoke of tax free income and Housing Administrator Bauldree explained the two types of eligibility areas, those that are determined by neighborhood and those that are determined by individual family incomes, taking into account interest earned, social security, or anything that would generate income. Vice -Mayor Dressler asked if the the increase in allocation of money to the City is due to an increase in population and Housing Administrator Bauldree said more money was allocated to the program this year. Commissioner Bushnell asked if monies were used to demolish properties and Housing Administrator Bauldree said no monies have been allocated for demolishing properties under CDBG. Commissioner Bushnell questioned the number of vacancies and Housing Administrator Bauldree said we do not have any activities that would benefit vacancy issues. Commissioner Bushnell spoke of an incident she was made aware of during a COPS patrol; where the City stepped in, investigated and was able to provide relief for an individual who was living in a house without water or electricity, and was suffering a major illness. Commissioner Bushnell said she expects that type of situation to increase as foreclosures increase and asked if the City has flexibility to assist with these CDBG funds. Housing Administrator Bauldree said the City cannot contribute CDBG funds to properties in default; however, we do have partnerships through Parks and Recreation Social Services to address situations where the property may not be in foreclosure and the resident falls within the low -moderate income bracket. Mayor Talabisco left the room at 10:55 a.m. and returned at 11:00 a.m Commissioner Glasser confirmed the County has many agencies to help people in need, and asked if the CDBG money is given to the City up front or we must apply as needed. Housing Administrator Bauldree said we get the money up front. Vice -Mayor Dressler added many times people find themselves in dire straits and they are helpless, as they are not able to work Page 2 of 5 City Commission Workshop Meeting July 12, 2010 through the system; paperwork is intensive and sometimes intervention is required on the congressional level. Vice -Mayor Dressler confirmed Rose Cure-Persad is the go -to person at the City for assistance and referral to other agencies. 4. Item No. 9(c) on Public Hearings. FY 2006-2007 CDBG ACTION PLAN -AMENDMENT: (TR11836) Approving an amendment to the fiscal year 2006 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds for the seventh program year (Case No.9-MI-10) to provide for reallocation of funds. 5. Item No. 9 (d) on Public Hearing. FY2007-2008 ANNUAL ACTION PLAN AMENDMENT: (TR11837) Approving an amendment to the fiscal year 2007 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds for the eighth program year (Case No. 10-MI-10) to provide for reallocation of funds. 6. Item No. 9 (e) on Public Hearings. CDBG FY 2008/2009 ANNUAL ACTION PLAN AMENDMENT: (TR11838) Approving the third amendment to the fiscal year 2008 Annual Action Plan for expenditure of the U.S. Housing and Urban Development Community Development Block Grant funds for the ninth program year (Case No. 11-MI-10) to provide for reallocation of funds; providing for conflict; providing for severability; and providing for an effective date. Community Development Director Bramley and Housing Administrator Bauldree appeared. Housing Administrator Bauldree gave a presentation on Items 4, 5, and 6 on the workshop agenda. 7. Item No. 6 (k) on the Consent Agenda. ST. MORITZ SITE PLAN EXTENSION: (TR11897) Granting a time extension of one (1) year for final site plan approval for the St. Moritz Development, as requested by HSQ Group, Inc. (Jay Huebner), Applicant (Case No. 11-SP-10); providing for conditions of approval. Community Development Director Bramley gave a presentation. There were no objections to the request for extension of one-year. 8. Item No. 6 (c) on the Consent Agenda. SOLAR LIGHTING PROJECT FOR SPORTS COMPLEX: (TR11885) Authorizing the appropriate City Officials to approve the purchase of Greenway Series Solar Lighting Systems from Hunter Knepshield Company at a cost not to exceed $99,168.75, utilizing the Palm Beach County Contract No. 08-051-MM for the Tamarac Sports Complex Safety Lighting Project; approving funding from the appropriate capital improvement account; authorizing budget amendments for proper accounting purposes. Public Works Director Strain gave a presentation. Commissioner Bushnell asked for a description of the lighting and Public Works Director Strain said the lights are on a pole with a lamp fixture and solar panel. Mayor Talabisco said in addition to being environmentally friendly, this project speaks to the 'Move On Initiative' Mrs. Obama is talking about. Mayor Talabisco asked that information be sent out in a blast email to let people know that this is a great part of town to get out and get moving. Vice -Mayor Dressler left the room at 11:14 a.m. and returned at 11:20 a.m. 9. Item No. 6 (1) on the Consent Agenda. GLSC AUDITING SERVICES AGREEMENT AMENDMENT 4: (TR11898) Authorizing the appropriate City Officials to amend the original Page 3 of 5 City Commission Workshop Meeting July 12, 2010 agreement between the city of Tamarac and GLSC & Company, PLLC, for annual auditing services to extend the agreement for fiscal years ending on September 30, 2010, September 30, 2011 and September 30, 2012 respectively, for a not to exceed cost of $110,000, including the expansion of the scope of services to include audit of financial statements of the City of Tamarac Police Officers' Pension Trust Fund, the City of Tamarac Firefighters' Pension Trust Fund, the City of Tamarac General Employees' Pension Trust Fund and the City of Tamarac Elected and Appointed Officers and Non -Represented Employees Retirement Fund. Financial Services Director Mason gave a presentation and said this would be a cost saving feature. Mayor Talabisco asked at what point Financial Services Director Mason recommended rotating to a new auditor and Financial Services Director Mason replied at the end of the three-year period. 10. Item No. 6(m) on the Consent Agenda. TR11903 - EXTENSION OF DUE DILIGENCE PERIOD: (TR11903) A Resolution of the City Commission of the City of Tamarac, Florida, amending Resolution R-2010-59; approving and authorizing appropriate City Officials to execute certain amendments to the purchase and sale agreements between the City as assignee of the agreements between Brotman Group, Inc. and T&C Realty Group, Inc., M&M South Properties, Inc., and Bernardo Maribona, as trustee of B. Commercial, Inc. which provide for up to three (3) additional thirty (30) day extensions of time to the due diligence period for the respective purchase and sale agreements; authorizing the appropriate City Officials to execute an amendment to the purchase and sale agreement between the City and T&C Realty Group, Inc. to provide for the payment of up to six percent (6%) interest in the event the transaction with T&C Realty Group, Inc. closes. Deputy City Manager Cernech and Public & Economic Affairs Officer Berns appeared. Public and Economic Affairs Officer Berns gave a presentation. Deputy City Manager Cemech said acquisition of the property is vital to the project and more time is needed to continue dialogue. Staff will come back to the Mayor and City Commission for approval at a later date. Vice -Mayor Dressler mentioned the difference between the appraised values of the properties and the prices. 11. Item No. 10 (b) on Ordinances - Second Reading. REVISION TO CHAPTER 19 ENTITLED "SOLID WASTE": (TO2206) Motion to adopt an Ordinance of the City of Tamarac, Florida on second reading amending Chapter 19, "Solid Waste," of the Code of Ordinances of the City of Tamarac, Florida, to provide for terms and conditions related to the City's collection and disposal of solid waste, bulk waste, recovered materials, and construction and demolition debris at residential service units, multi -family services units, and commercial service units; providing for definitions, imposition of fees, collection of fees; providing for registration for construction and demolition debris haulers; providing for registration for recovered materials haulers; providing for codification; providing for conflict; providing for severability; providing for an effective date. Public Works Director Strain gave a presentation. Commissioner Bushnell questioned the staff memorandum, in particular the fiscal impact section. Assistant City Attorney Horowitz explained the ordinance provides the City the option of using one or multiple haulers. The ordinance has been revised to provide for consistency with State law. Commissioner Glasser expressed concern about having just one hauler. 12. COMMUNITY RATING SYSTEM ANNUAL PROGRESS REPORT: Chief Building Official/Director Grande gave a presentation. Page 4 of 5 City Commission Workshop Meeting July 12, 2010 n 1 13. DISCUSSION REGARDING MOVING THE SEPTEMBER 8, 2010 REGULAR COMMISSION MEETING TO SEPTEMBER 7, 2010 DUE TO THE ROSH HASHANAH HOLIDAY: City Clerk Swenson gave a presentation. Mayor Talabisco asked for an expression of interest and all were in agreement. There being no further business to come Talabisco adjourned the workshop meetin before the Mayor and City Commission, Mayor at 11:50 a.m. rion Swenson, CIVIC - City Clerk Page 5 of 5 City Commission Workshop Meeting July 12, 2010