No preview available
HomeMy WebLinkAbout2010-09-07 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING TUESDAY, SEPTEMBER 7, 2010 CALL TO ORDER: Mayor Talabisco called the workshop meeting to order at 9:30 a.m. on Tuesday, September 7, 2010 in Room 105, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Michelle J. Gomez, and Commissioner Diane Glasser. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Assistant City Manager Diane Phillips, and Interim City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Mayor Talabisco led the pledge of allegiance. 1. Item No. 6 (c) on the Consent Agenda. SUBMISSION OF RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM GRANT: (TR11919) A Resolution of the City Commission of the City of Tamarac, Florida approving and authorizing the appropriate City officials to submit an application to the Florida Division of Emergency Management for Residential Construction Mitigation Program grant funds to improve storm resistance of residences in the City of Tamarac in the amount of $100,000 providing for a 2:1 match in local funds in the amount of $200,000 in the event of approval of the application; providing for acceptance of the award and executing of documents upon approval of the application; providing for conflicts; providing for severability; and providing for an effective date. Community Development Director Bramley and Housing Administrator Bauldree appeared. Housing Administrator Bauldree gave a presentation and said by mid September we would be notified of award of funds. Commissioner Bushnell asked when we would be accepting applications for the funds and Housing Administrator said no new applications will be accepted as these funds will put towards existing NSP properties. 2. Item No. 9 (a) - Public Hearing(s). NSP AMENDMENT - FY 2008/2009 ANNUAL ACTION PLAN: (TR11910) A Resolution of the City of Tamarac, Florida approving the fifth amendment to the Community Development Block Grant ("CDBG") Program, fiscal year 2008 Annual Action Plan Ninth Program Year to provide for the reallocation of funds within the City's Neighborhood Stabilization Program ("NSP"); authorizing and directing the City Administration to take action consistent with the intent of this resolution; 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 the item and an update on the Neighborhood Stabilization Program. Housing Administrator Bauldree said that as of July 2010 80.5% of the funds have been expended and 100% of the funds have been encumbered. Commissioner Bushnell talked of meeting with HUD representatives at the Florida League of Cities meeting who spoke very highly of Community Development Director Page 1 of 4 City Commission Workshop Meeting September 7, 2010 Bramley and Housing Administrator Bauldree and the success of Tamarac's program. Mayor Talabisco asked about NSP 3 and Housing Administrator Bauldree said it is scheduled to be released tomorrow and the formula is the same as NSP 1, with the addition of a small weight factor added, and hoped that since Tamarac encumbered all funds in the past we would receive additional funds. Mayor Talabisco said the success of Tamarac's program should be favorable to Tamarac receiving additional funds. Commissioner Bushnell confirmed that any monies not spent by cities would go back into a national fund to be redistributed. Community Development Director Bramley said as soon as NSP 3 is released they will come back to the Mayor and Commission with an action plan. Mayor Talabisco said she would like to have something in writing about the success of Tamarac's program so that it can be submitted as a best practice to the US Conference of Mayors and the Florida League of Cities. 3. Item No. 6 (f) on the Consent Agenda. PROSPECT BEND ANNEXATION: (TR11913) A Resolution of the City Commission of the City of Tamarac, Florida, approving the Interlocal Agreement between the City of Tamarac and Broward County to provide for the implementation of the annexation of the Prospect Bend area into the City of Tamarac; authorizing the appropriate city officials to do all things necessary to effectuate the intent of this resolution; providing for recordation; providing for conflicts; providing for severability; and providing for an effective date. - Community Development Director Bramley, Planning & Zoning Manager Zickar, Public & Economic Affairs Officer Berns and Public Works Director Strain appeared. Planning & Zoning Manager Zickar gave a presentation. The transfer of the Prospect Bend area will be official on September 15, 2010 and services will be transferred to Tamarac on October 1, 2010. Planning & Zoning Manager Zickar said the County has agreed to correct paving and drainage defects on the NW 55"' Court right-of-way and the work will be warranted through the end of September 2011. Planning & Zoning Manager Zickar said it is estimated that Tamarac will receive approximately $243,000 from ad valorem taxes, fire assessment fees and debt service for the Prospect Bend area for the upcoming fiscal year. Commissioner Gomez asked for clarification of the location of Prospect Bend. City Attorney Goren discussed the intent of the Agreement. Commissioner Bushnell said she has spoken with people in the community and they are excited and asked about the reception that was supposed to be held in August. Public & Economic Affairs Officer Berns said that he is coordinating with people in the area and due to scheduling difficulties; the reception will now take place sometime in October. Mayor Talabisco asked that Representatives Ari Porth and Gwendolen Clarke -Reed be invited to the reception. City Manager Miller said it was his hope that all the department directors attend the event to introduce themselves and answer any questions residents/businesses may have. Mayor Talabisco suggested that the Commission acquaint themselves with the area. City Manager Miller said that up until now Tamarac did not have a heavy industrial zoning area and now we will be able to address those needs should they arise. 4. Item No. 6 (e) on the Consent Agenda. FMIT INSURANCE RENEWAL: (TR11921) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the renewal of General Liability, Automobile Liability, Automobile Physical Damage, Page 2 of 4 City Commission Workshop Meeting September 7, 2010 Workers' Compensation, and Property lines of coverage with the Florida Municipal Insurance Trust(FMIT) for a one (1) year period beginning October 1, 2010 at a cost of $971,139 and payment of any increase resulting from the annual premium audit; providing for conflicts; providing for severability; and providing for an effective date. Human Resources Director Swanson and Risk/Safety Manager Tomaszewski appeared. Risk/Safety Manager Tomaszewski gave a presentation and said they were able to negotiate a total of 5% reduction in premiums overall. Vice Mayor Dressler said this type of negotiation can be extremely complex and congratulated Human Resources Director Swanson and Risk/Safety Manager Tomaszewski on a job well done. There was a brief discussion regarding the advantages and disadvantages of wind storm inspections. 5. Item No. 6 (d) on the Consent Agenda. EXECUTE DISTRICT FOUR AGREEMENT BETWEEN STATE FDOT FOR RIGHT-OF-WAY LANDSCAPING - COMMERCIAL BLVD./UNIVERSITY DRIVE/NW 64TH AVENUE: (TR11920) A Resolution of the City Commission of the City of Tamarac, Florida approving a District Four Maintenance Memorandum of Agreement between the State of Florida Department of Transportation (FDOT) and the City of Tamarac for Right -of -Way landscaping on Commercial Boulevard between University Drive and NW 64th Avenue; authorizing the appropriate City Officials to approve said Memorandum of Agreement; providing for conflicts; providing for severability; and providing for an effective date. Public Works Director Strain appeared and gave a presentation. There was a discussion regarding the medians at the Commercial Blvd./Florida Turnpike overpass and lack of landscaping as well as the existing dangerous conditions for pedestrians walking over the bridge. Commissioner Glasser spoke of signage issues in that area in the past and said that it just takes time and perseverance. Other Business: City Attorney Goren gave an update on the Broward County Ethics Ordinance and the Office of Inspector General and said that the cost of the OIG will not be placed on the cities but will actually be retained by the county as a cost obligation. City Attorney Goren spoke of a lawsuit filed by the Space Coast League of Cities in Brevard County wherein the Brevard County Charter Review Commission has an item on the ballot that if approved in November, essentially says "... that no provision of this chapter, when adopted, which conflicts with, transfers or limits any function, service, power or authority of the municipality within Brevard County shall apply to a municipality, unless a majority of the voters in the municipality voting in a referendum approve the charter amendment." The Florida constitution says that to be able to have a county function imposed upon a city, a dual referendum is required which suggests that if a City chooses not to have a county function imposed upon them, by separate vote they could choose not to. Part of the legal argument raised was the issue of transfer of powers and the issue of whether or not there is some legal basis there to challenge the proposal from the Brevard Charter Review Commission which the court said would need to go on the ballot. The Broward League of Cities is looking at various options and looking at legal issues now that the resolutions have been finalized and whether or not such an act in Broward is a transfer of powers. We don't know the Page 3 of 4 City Commission Workshop Meeting September 7, 2010 answer yet and we are looking at that for the Broward League of Cities and will keep the Commission fully posted. Mayor Talabisco asked for clarification. City Attorney Goren responded that the Florida constitution says that when you transfer a service or a power from the county to a city, you are required by the constitution to have a dual referendum. This means that the county gets to vote but the city that might be impacted by the decision also gets to vote. The proposals that are now being placed on the November ballot rise to the occasion of a constitutional issue as to whether or not it is a transfer of powers which would entitle cities to make the decision independently. This is an issue that has been talked about and the reason that the County Commission removed the fee element to the OIG was because that was service being imposed upon cities in violation of the constitution and to avoid a conflict they pulled it out of the resolution. It will be in the League of Cities publication soon but this item will be on the ballot in November. City Attorney Goren stated for the record that they were council to the Brevard County Charter Review Commission for the past few years and actually prepared that question. It was then separately reviewed by three law firms as required by the Brevard County Charter. All three deemed it to be unconstitutional. The judge stated that the three lawyer panel cannot make that decision that the voters get to make that decision. Again this will be on the ballot in Brevard in November and it may have some application here in the context of the transfer of powers not allowing Broward to make that decision. There being no further business to come before the Mayor and City Commission, Mayor Talabisco adjourned the workshop meeting at 10:27 a.m. Patricia Te Ol Interim City Clerk 1 Page 4 of 4 City Commission Workshop Meeting September 7, 2010