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HomeMy WebLinkAbout2004-02-09 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, FEBRUARY 9, 2004 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, February 9, 2004, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L. Sultanof, ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Assistant City Manager Michael C. Cernech, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE LED BY MAYOR SCHREIBER: 1. FEBRUARY 11, 2004 AGENDA ITEMS: Mayor Schreiber moved out of the regular order of business on the agenda to take up Item 1(f) on the workshop agenda. f. Item No. 6(h). SUPPORTING CITIES' OPPOSING BROWARD COUNTY'S EVALUATION APPRAISAL REPORT (EARJ DOCUMENT: (TR10340) Expressing support for various policy recommendations regarding Broward County's Evaluation and Appraisal Report (EAR) Application as outlined in Exhibit "A", to protect the ability to redevelop and the Home Rule Authority of municipalities in Broward County (Case No. 2- MI-04); providing for distribution of Resolution. Community Development Director J. Christopher King introduced Susan Trevarthin and gave a presentation. Community Development Director King said the cities formed a coalition because they feel their Home Rule Power is being usurped, and the coalition opposes the Evaluation Appraisal Report (EAR). Ms. Trevarthin gave a presentation and said she represents the coalition of cities which is backed by the League of Cities. Areas of concern are population and accommodated growth; coastal regulations; and mixed use. Ms. Trevarthin spoke about representation on a pro rata basis, and said the EAR must be adopted by March 1, 2004. Mayor Schreiber asked why the County is moving in this direction and Ms. Trevarthin explained that the County feels it is a second layer of protection for the cities. Mayor Schreiber said if the County feels this way he does not understand why they pushed for city annexation of unincorporated areas. Commissioner Portner said the County has no legal or moral right to determine how things are done in Tamarac. Commissioner Sultanof explained that the coalition started with the beach cities; the County was beginning to dictate what they could build at the beach level. What the coalition wants is the support of all cities in Broward County. Commissioner Sultanof said morally he feels we should see that the County does not overstep its boundaries, but the cities that border on the beaches have not supported us in the past. Commissioner Sultanof said he wants to make sure that those cities support us if we support them. Ms. Trevarthin said some cities on the February 9, 2004 City Commission Workshop 1 beach recognize that there may have been dividing issues in the past, but this is an issue that is of common interest to all cities in Broward County. The issue is neutral with regard to development; the issue is who decides. Community Development Director King said Main Street is a top priority of the Tamarac City Commission; there is an advantage for Tamarac to have control over its zoning designations without going to the County. Vice Mayor Roberts asked if flex units from city to city are going to be incorporated and Ms. Trevarthin said there is no decision on this yet. Mayor Schreiber suggested we find out where our County Commissioners stand on this issue before moving forward and whether this can be passed by a vote of the Commission or if a referendum is needed. Ms. Trevarthin said the County Commission has not been polled yet. There is no referendum involved. Mayor Schreiber asked how the cities could challenge this, and Ms. Trevarthin said the evaluation appraisal report is a blueprint. If the cities are unhappy with the County they can file an administrative challenge. Commissioner Sultanof said the County is not happy with the coalition because it is eroding the County's power. The County wants to be in the position of overriding the cities. It is important that all the cities join the coalition. Mayor Schreiber said if this issue were put before the public, the public would overwhelmingly support the cities. Commissioner Sultanof said it would have to be explained to the public in infinite detail. Mayor Schreiber said he believes the County has done much for the cities, and he feels we should find out where the County stands on this issue. Mayor Schreiber asked for an expression of interest to join the coalition and all were in favor. a. Item No 7. AMENDING CHAPTER 16 OF THE TAMARAC CODE — ARTICLE VIII, POLICE OFFICER PENSION PLAN: (T02035) Motion to adopt Ordinance on first reading amending Chapter 16, Pensions and Retirement, Article VIII, Police Officer Pension Plan, Section 16-733 Calculation of Benefit Amount; providing for clarification of the subsidy benefit of $220.00 per month for participants that retire on or after October 1, 2002, in accordance with Ordinance 0-2003-21; providing for codification. Employee Relations Manager Cummings gave a presentation and said this ordinance clarifies a previous provision added last fall. Vice Mayor Roberts asked how many active participants are currently in the police pension, and Employee Relations Manager Cummings responded currently there are three; however the ordinance affects anyone who retired after October 1, 2002, which encompasses five people. Vice Mayor Roberts asked if there was any way the other 10 people could retaliate against this benefit, and Employee Relations Manager Cummings said it is an additional benefit added for the above participants. Commissioner Portner asked if something similar was done for the Fire pension, and Employee Relations Manager Cummings said in March 2001 there was a similar amendment. b. Item No. 6(c). BID AWARD — WESTWOOD 24 WATER MAIN RELINING PROJECT: (TR10330) Awarding Bid No. 04-09B to, and executing an agreement between the City of Tamarac and J. Fletcher Creamer & Son, Inc., for an amount of $786,600.00 for the Westwood 24 Water Main Relining Project; approving funding for this project from the appropriate Utilities Operational account; authorizing the appropriate City officials to administer the contract. Utilities Director Ray Gagnon gave a presentation and said two years ago the water mains at Westwood 24 were cleaned; February 9, 2004 City Commission Workshop 2 the mains were made of unlined cast iron pipe which is not used any more. The choice is to clean the line or replace it. Utilities Director Gagnon said he met with the homeowners and they did not want their neighborhood ripped up to replace the mains. Mayor Schreiber asked about a warranty on the work and Utilities Director Gagnon said it is five years on the work. Vice Mayor Roberts asked how long it will take to complete the project and Utilities Director Gagnon said work would begin on February 16 and completion is anticipated June 11. The Contractor has agreed to put two crews on the job and try to do the work in two months rather than four. Commissioner Flansbaum- Talabisco asked if any other areas in Tamarac may have this problem, and Utilities Director Gagnon said a full analysis has not been completed. Commissioner Sultanof complimented Utilities Director Gagnon and Operations Manager London for their successful meetings with the homeowners. C. Item No. 6(d). SECOND AMENDMENT TO SITE LEASE AGREEMENT -- AT&T WIRELESSSERVICES OF FLORIDA INC.: (TR10336) Executing the Second Amendment to Site Lease Agreement between City of Tamarac and AT&T Wireless Services of Florida Inc., for the expansion of existing facilities to accommodate additional telecommunications equipment. Systems Manager Christian gave a presentation and said this would enable additional communication equipment to be added at Fire Station 2, and will bring in additional revenue of $7,200 per year to Tamarac. d. Item No. 6(f). ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT — STREET FURNITURE ADVERTISING, INC. AND SHELTER ADS MANAGEMENT, INC.: (TR10334) Executing the Assignment, Delegation and Release Agreement among the City of Tamarac, Street Furniture Advertising Group, Inc., and Shelter Ads Management Inc., for the design, construction, installation and maintenance of bus shelters. e. Item No. 6(g). AMENDMENT TO AGREEMENT — SHELTER ADS MANAGEMENT, INC.: (TR10335) Executing Amendment #1 to the Agreement between the City of Tamarac and Shelter Ads Management Inc. for the design, construction, installation and maintenance of bus shelters. Finance Director Newman said Items 6(f) and 6(g) are companion items and could be discussed together. Finance Director Newman introduced Purchasing/Contracts Manager Glatz. Purchasing/Contracts Manager Glatz gave a presentation and said the request was made by the original contractor to assign the contract to Shelter Ads Management, Inc., a subsidiary of Bench Ad Management. Commissioner Sultanof asked if they would take over the contract as it was written, and Purchasing/Contracts Manager Glatz said there is a change in the design; the shelter is being enlarged from 9' to 13', which will provide for the advertising panel to be more visible to those driving by the shelter. Commissioner Sultanof asked if the garbage cans would be attached to the shelter and if the contract would be closely monitored. Purchasing/Contracts Manager Glatz said the cans would be attached and the contract would be closely monitored. Vice Mayor Roberts questioned language relating to making the shelter bigger but the revenue for Tamarac remaining the same. Purchasing/Contracts Manager Glatz explained the same percentage would come to Tamarac; with larger advertising space the revenue February 9, 2004 City Commission Workshop 3 should go up, thereby increasing the amount the City would get. Commissioner Portner asked if there was only one bidder on the original contract, and why the contract was assigned; additionally, why would Tamarac want to do business with Mr. Nadel at this time. Building Official Jones said Street Furniture was the only bidder who submitted a bid for the shelter contract when the original RFP went out; and he does not know why the contract was assigned. To date the original company has not completed its obligations under the contract. The company also contracted with Lauderhill and Pompano, and may have bitten off more than they can chew. There are no reports on them not fulfilling their obligations to the other cities. The City has the option of placing the original contractor in default and going through the bid process again. The committee's preference was the shelter with the wedged ad panel. Mr. Nadel feels that the cost can be offset by revenue. Commissioner Portner said he has concerns about giving the contract to Bench Ads after the Commission expressed unhappiness with the company due to the fact that they were late in paying their bills and did not keep the sites clean. Vice Mayor Roberts agreed and said she wanted assurances that the bills will be paid on time and the sites are kept clean. Building Official Jones said the contract would be administered properly and all issues would be addressed. Mayor Schreiber asked if the state and surrounding counties have been explored to see if there is any other vendor who does this type of work, or if the City just accepted a local vendor. Mayor Schreiber said he did not think it a good idea to deal with Mr. Nadel; he has been difficult through the years. Purchasing/Contracts Manager Glatz said the city performed due diligence in the original process, and maintenance was also a component of the process; it might have been cost prohibitive to bring in a company from another area to do maintenance on the shelters. Purchasing/Contracts Manager Glatz said the RFP was advertised on the web and other advertising media. Public notice was given. Commissioner Sultanof questioned the termination clause and said he has faith in Building Official Jones monitoring the contract. Commissioner Flansbaum-Talabisco agreed with Mayor Schreiber and asked who else in South Florida is providing this type of equipment. Building Official Jones said six to seven firms responded to the original RFP and the pre -bid meeting. When the bids were due, two vendors bid for the benches and one for the shelters. There are 24-27 shelter locations in Tamarac, and they must meet ADA requirements. While there are other vendors who work in this field, no out of area vendors bid on the first RFP. This is not a large contract from a market standpoint. Commissioner Flansbaum-Talabisco asked when the bus shelters would be erected and Building Official Jones said under the current contract, installation is past due, and Mr. Nadel told the City there would be a three month delay in initiating installation and a five month delay in completion of installation; installation should be completed by October 31, 2004. Commissioner Flansbaum-Talabisco said having been in business and knowing how important a good reputation is, because Mr. Nadel does not have a good reputation, it makes the City more like police to watch him; the onus then falls to staff. The City is now between a rock and a hard place — if we go out to look for an unknown person to do this work it delays the project more. Mayor Schreiber asked why the County does not take the responsibility for installing the bus shelters, and City Attorney Kraft and Commissioner Sultanof said this is a revenue producer for the City. Mayor Schreiber asked for an February 9, 2004 City Commission Workshop 4 expression of interest to move forward with Temporary Resolutions 10334 and 10335. All were in favor except for Mayor Schreiber. 2. DISCUSSION RE: ENCOURAGING THE FLORIDA LEGISLATURE TO PROVIDE FUNDING FOR KIDCARE: Discussion regarding encouraging the Florida Legislature to provide funding for KidCare, a program which offers working families the opportunity to purchase low cost health care insurance for their children. Commissioner Edward C. Portner deferred to Assistant to the City Manager Phillips. Assistant to the City Manager Phillips gave a presentation and said due to last year's budget crisis, the legislature determined not to provide funds for the program (the legislature provides funding and the federal government matches on a 3:1 basis). One hundred thousand children are now on the waiting list. The governor has put forth a budget proposal for next year but local representatives are asking for a resolution to support adding funding this year — when children do not have health insurance coverage they wind up in emergency rooms and there is a cost to the taxpayers. Assistant to the City Manager Phillips said she spoke with legislators on Friday and it is anticipated that funding from the federal government will come through to offset the waiting list. The resolution encourages the legislature to provide funding at this point for the program. The representatives requested additional wording in the draft resolution asking the governor and legislature to provide funding needed at this point. Mayor Schreiber asked for an expression of interest to move forward with a resolution to provide funding for KidCare with the requested language. All were in agreement. 3. DISCUSSION RE: RENAMING OF STREETS: Discussion regarding request from Woodmont residents to rename a street after Charlie Seville. Vice Mayor Roberts said residents in Woodmont asked to have a street named after Charlie Seville who recently passed away. Mr. Seville was instrumental in getting landscaping for 70th Street. Vice Mayor Roberts said it would be better to add Mr. Seville's name to 70th Street instead of actually changing the name of the street. Community Development Director King said staff has no formal policy to handle street name changes or additions. If the Commission desires to move forward with the addition of Charlie Seville to 701h Street, Community Development Director King said he would contact the appropriate agencies to make them aware that 70th Street would also be known as Charlie Seville Street. He will also notify the County so they can add the name to the sign. Mayor Schreiber asked who requested this and Vice Mayor Roberts said the request came from the Woodmont Homeowner Association. Commissioner Sultanof questioned whether it would be Street or Way. Commissioner Sultanof said people should be recognized, but would this set a precedent; the City must establish a policy, and he felt the name should be Charlie Seville Way. Vice Mayor Roberts said she did not know if the street could be named 'way'. Community Development Director King said north/south roads have a certain designation as do east/west roads, and he would have to check to see if 'way' would be appropriate. Mayor Schreiber confirmed that it would still be 70th Street. Commissioner Portner asked if the Commission has the ability to name any street after anybody at this point, and Mayor Schreiber said within the purview of the Commission. It has not been done in the past. City Manager Miller said when this is completed staff will create a policy and bring it forward to the Commission. February 9, 2004 City Commission Workshop 5 Mayor Schreiber asked if any of the Commissioners wished to discuss any item on the February 11, 2004 agenda, with the exception of quasi-judicial items. Commissioner Portner asked for an explanation of transportation plan in Item 6(b) on the consent agenda, Temporary Resolution 10322. "INSTALLATION OF _REQUIRED IMPROVEMENTS AGREEMENT" — "COMROCK PLAT": (TR10322) Executing the "Installation of Required Improvements Agreement" between Broward County, Michael A. Speranza, Trustee of the Michael A. Speranza, Sr. Trust, and the City of Tamarac for required improvements relating to the "Comrock Plat" located on the west side of Rock Island Road approximately 579 feet north of Commercial Boulevard (Case No. 2-AP- 04). Community Development Director King explained in order for development to move forward there may be transportation issues and the developer agreed to formal action which may impact development. Mayor Schreiber said, with regard to Item No. 8 on the regular agenda, Temporary Ordinance 2036, residents had expressed opposition to development with respect to school overcrowding. AMENDMENT TO LAND USE ELEMENT O COMPREHENSIVE PLAN — "BRUCE PLAT": (T02036) Motion to adopt Ordinance on first reading adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Small -Scale Land Use Plan Amendment proposal by Prestige Homes of South Florida, Inc. to change the use of land described as Parcel "A" of the "Bruce Plat", according to the Plat thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward County, Florida, located at the southeast corner of University Drive and NW 64t" Street, from Commercial to Low Medium (5-10 du/ac) Residential through issuance of eighty-seven (87) reserve units and thirteen (13) flex units to allow for the construction of one -hundred (100) residential town home units comprising approximately of 8.19 net acres and 9.98 gross acres (Case No. 01-LUA- 04); providing for amendment to the Land Use Element to reflect such change. Mayor Schreiber asked the Commission why the City is approving more residential developments when there is not enough room for children in our schools. Tamarac is trying to figure out a way to help put up portable classrooms to accommodate the extra children, and is looking for assurances from the School Board to accept the recommendations of the City. Vice Mayor Roberts said one problem is changing zoning from commercial to residential, which is something the Commission does not have to do. Mayor Schreiber said if property is zoned commercial he does not see why it has to be changed to residential, and he brought this matter up at this time because he feels the Commission should be prepared to discuss this at Wednesday's meeting. City Manager Miller said this has been an historic problem. In the 1970's and 1980's planners went before the state legislature to try to get comprehensive plan changes to get development to coordinate with school growth. The fault rests with the legislature. Local School Boards are responsible to provide schools. The developer in question met all requirements of the School Board. It is the Commission's prerogative to change the land use plan designation from commercial to residential. Staff met with the School Board to discuss placement of portables, and we are close to a resolution. Mayor Schreiber asked if the item could be tabled if the matter is not resolved by Wednesday. February 9, 2004 City Commission Workshop 6 1 Mayor Schreiber said Tamarac must address its residents' interests. Commissioner Sultanof said the Commission has approved land use changes in the past, and he does feel for the residents with children. Community Development Director King spoke of an interlocal agreement between Broward County and the School board, and said the developer in question met with the School Board and gave the School Board an amount of money which the developer feels fulfills the interlocal agreement with the School Board. Commissioner Sultanof said many parcels of land were zoned commercial for many years and were not able to be developed. Tamarac cannot prosper or become viable financially unless vacant land is developed; there is a problem with the schools and Commissioner Sultanof recommended the Commission tell the people we are working on resolving the matter. Even if the land is not developed, there is still a problem with the schools. City Manager Miller said Tamarac is approaching 98-99% build out. There are a total of 1,600 units left to build, which include this development. If portables are provided we will be in good shape for the next few years. Vice Mayor Roberts said helping to find portable sites will help for a few years, but the amount of people in 1,600 units warrants two schools. Commissioner Portner spoke about the expected influx of residents in Broward County in the next 12-20 years. Commissioner Portner said he appreciates the concern about school children, but everyone cannot be satisfied. The Commission must decide what to do. If the City Manager cannot convince the School Board to give us portables before the issue comes to the floor, it can be tabled. Mayor Schreiber said there are two sides to the coin; there is merit on both sides. We must listen to the people who live here now and come up with a solution to the current problem. Vice Mayor Roberts said there have been about 1,000 family units built in Tamarac during the last year and a half. Portables for next year will be a band aid solution. Something more concrete needs to be worked out for the future. Commissioner Sultanof said if we cannot persuade the School Board to provide portables or build new schools, perhaps we need to look at Charter Schools. Mayor Schreiber said this would be a great expense to the City and he does not approve of Charter Schools; he prefers public education. City Manager Miller said he would inform the Commission as soon as he finds out about the portables. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 11:10 a.m. Marion Swenson, CMC City Clerk February 9, 2004 City Commission Workshop 7