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HomeMy WebLinkAbout2003-03-24 - City Commission Workshop Meeting MinutesCITY OF TAMARAC WORKSHOP MEETING MONDAY, MARCH 24, 2003 1. CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, March 24, 2003, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida. 2. ROLL CALL: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L. Sultanof. 3. Mayor Schreiber led the Pledge of Allegiance. 4. DISCUSSION RE: WOODLANDS INDEPENDENT DISTRICT: City Manager Miller gave a presentation and explained proposed HB1569 which was approved by the Broward County Legislative Delegation and will be considered by the State Legislature. Tamarac reviewed the proposed Bill and the majority of questions have been answered. The City retained the law firm of Bryant, Miller, Olive, for their expertise in these issues. City Attorney Kraft introduced Mike Davis of Bryant, Miller and Olive, P.A. Mr. Davis gave a short bio and responded to several questions raised by the City as follows: the City is protected from assuming any debt of the district; explained the difference between dependent and independent districts; and indicated that this independent district would not create a legal precedent for future requests. Commissioner Flansbaum-Talabisco said there could be other communities in the same situation, and while there is no legal precedent set if the situation is solved to the satisfaction of the City and the residents it would be good for the other areas as well. Commissioner Portner said he just returned from Tallahassee and learned that this does not have to go through the State. Mr. Davis countered that Tamarac has the ability to do a lot of the things called for in the proposed Bill, and mentioned a zoning overlay district. Vice Mayor Roberts asked about the advantages to Tamarac regarding a zoning overlay district and Mr. Davis said the City would have more control without having to go back to Tallahassee. Commissioner Sultanof said this issue came up about a year ago and at that time the City requested things from the community which did not take place. Commissioner Sultanof spoke about home rule and expressed concern if the Woodlands were to become a self-governing entity. Commissioner Sultanof said there is only one government in the City and he is concerned that other communities may be in the same situation and will want to climb on board. Commissioner Sultanof questioned the cost of elections, ad valorem tax, the tax cap, and if the District's ability to apply for grants encroaches upon the City's ability to apply for grants. Commissioner Sultanof stated that safeguards are needed. There was discussion about the City having previously asked for confirmation that 75% of the Woodlands residents approved of the dependent district and no response was made available. Mayor Schreiber read an e-mail into the record, which was sent from Kings Point resident Ilene Singer, wherein she expressed several concerns about the proposed Independent District. (See attachment.) Commissioner Portner said there are eight section presidents in the March 24, 2003 City Commission Workshop 1 Woodlands, who represent the people in their sections, the same way the Commissioners represent their constituents. Commissioner Flansbaum-Talabisco said she is a resident of the Woodlands, and asked if she must recuse herself from discussion and voting on this issue. City Attorney Kraft said under the ethics code Commissioner Flansbaum-Talabisco has the right to vote and participate in discussion; there is no conflict. Mr. Davis spoke about enforcement of the deed restrictions and discussion ensued regarding code enforcement and Tamarac enacting the same regulations as the Woodlands, as part of its code of ordinances, for the independent district. Ilene Lieberman, Broward County Vice Mayor, 4809 Woodlands Boulevard, spoke in favor of the independent district, discussions held a year ago, and the fact that the original Safe Neighborhood plan was not pursued due to the Commission's concern about becoming involved in decisions of the district. Broward County Vice Mayor Lieberman said it is necessary to maintain the type of community people bought into with deed restrictions, and said she spoke with several Senators and the Bill is passing, but she would like to have the City's support. There are two other communities in which deed restrictions expired and it would be good for Tamarac to help those communities and allow them to go back and fix their internal mechanisms. Vice Mayor Roberts said there still are unanswered questions; in particular 75% of the residents have not agreed to the district. Broward County Vice Mayor Lieberman said the applicable standard is 50% + 1. Two public hearings were held and the section presidents overwhelmingly approved the district. Vice Mayor Roberts expressed concern that there are no monetary limits, and Broward County Vice Mayor Lieberman and Mr. Davis said the `need standard' for special assessments is a recognizable resemblance to specific costs necessary, and the law requires assessments be supported by the benefit to the property. Vice Mayor Roberts suggested a referendum for the residents of the Woodlands and asked when the deed restrictions expired. Broward County Vice Mayor Lieberman said they expired in 1999. Mayor Schreiber said not everyone in the Woodlands is in favor of the district and he wants to make sure the people are not disadvantaged with something they do not want. Commissioner Partner said this Bill would benefit the City and he is in favor of it. There was discussion regarding whether there is time for the residents to conduct a referendum election on the question of whether they want or do not want a special district. Mayor Schreiber called for a recess at 10:30 a.m., and reconvened the workshop meeting at 10:45 a.m. with all present as before. Mayor Schreiber opened the workshop meeting for public participation. Seymour Margolis, 4704 Queen Palm Lane, Ilene Singer, 9539 Weldon Circle, and Mery Cohen, 6103 Elm Tree Circle, spoke in opposition to the special district. Larry Torn, 4500 King Palm Drive, Dr. Stanley Benson, 5305 Sago Palm Blvd., Jack Talabisco, 5215 White Oak lane, Les Weinberg, 4504 King Palm, Harvey Kram, 4802 Queen Palm Lane, and Robert Noskin, 4905 Umbrella Tree Lane, spoke in favor of the special district. John Landeck, 3011 NW 46 Street asked how Tamarac Lakes South could get assistance with their deed restrictions. Mayor Schreiber suggested Mr. Landeck contact City Attorney Kraft. March 24, 2003 City Commission Workshop 2 Vice Mayor Roberts said she needs more information regarding the zoning overlay before making a decision, and while she is in favor of the Woodlands getting their deed restrictions back, she would like to explore more options. Mayor Schreiber said while there are many things to consider, the main concern is the deed restrictions. Commissioner Sultanof said to get the deed restrictions back would require the approval of everyone affected, and this is the only other avenue available. Commissioner Portner reminded everyone that this matter came before the commission a year ago and Vice Mayor Roberts said at that time that she wanted more time to study the situation. The presidents of the eight sections are in favor of the district, and this commission has the ability to give them what they want. Commissioner Sultanof expressed concern about the city being held harmless, and Exhibit "B" being incorporated into the document. Mr. Davis assured that even without Exhibit "B" Tamarac is not responsible for the district's costs. There was discussion regarding a closed ballot referendum, and Commissioner Flansbaum-Talabisco expressed concern that the longer the wait the worse the situation gets in the Woodlands. City Attorney Kraft explained there is concern in the community about what is happening in Tallahassee. If a referendum is required, 30 days is the outside window of opportunity, and City Manager Miller said if we want the Woodlands to have a referendum it must be done quickly. Mayor Schreiber asked for an expression of interest for a referendum. Vice Mayor Roberts, Commissioner Sultanof, and Mayor Schreiber were in favor of a referendum for the community. Commissioners Portner and Flansbaum-Talabisco were against a referendum. Mr. Torn asked for clarification of the votes needed, and it was explained that a majority of those voting would be acceptable. Mayor Schreiber called for a recess at 11:50 a.m. and reconvened the workshop meeting at 12:10 with all present as before. Mayor Schreiber moved out of the regular order of business on the workshop agenda to take up item No. 6. DISCUSSION AND PRESENTATION RE: FDOT PROJECT -- COMMERCIAL BOULEVARD: Assistant City Engineer Mauro Burgio introduced William Wang, DOT Project Manager and Guillermo Suero, Consultant to FDOT. Mr. Wang gave a presentation and said the project, which is a continuation of the Commercial Boulevard project, and goes from 315t Avenue to Powerline, would begin in 2005. Mr. Wang discussed safety improvements (medians and bikeways), and Mr. Suero spoke of rehabilitation of existing asphalt. Mayor Schreiber asked about an entryway sign for the City of Tamarac in the median on Commercial Boulevard and Prospect Road. Assistant City Engineer Burgio said the City tried for a long time to get a sign, but is having trouble getting a permit from DOT. Mr. Suero said now that the medians are being worked on, perhaps they could revisit some of the locations the City suggested in the past. Vice Mayor Roberts asked about responsibility for maintenance of the medians and expressed concern about the cost for maintenance of more aesthetic medians. Mr. Wang said the medians are maintained by Tamarac. Commissioner Sultanof asked if Tamarac would have input into the landscaping, and Mr. Wang explained that before a joint project agreement is entered into the project design must be approved by the Commission. Mr. Suero explained FDOT's method of March 24, 2003 City Commission Workshop 3 arranging projects so that large sections of streets are not broken up at one time. Mayor Schreiber questioned the bikeways and Commissioner Flansbaum-Talabisco asked who determines the width of the bike lanes. Mr. Wang said there is no extra cost for the bikeways and they are determined by FDOT guidelines. Mr. Suero stated that on the south side of Commercial from 315t Avenue to 26th Terrace a sidewalk would be put in on DOT'S right of way. Commissioner Portner asked for reproductions of the presentation, and Mr. Suero said he would send them to Assistant City Engineer Burgio for distribution to the Commission. Mr. Suero also spoke about replacement of a traffic light and median changes on Commercial east of NW 29 Terrace and also at 25th Terrace. There was discussion of a letter of intent regarding landscape maintenance. 5. MARCH 26 2003 AGENDA ITEMS: a. Item No. 6(m). CITY COMMISSION RULES OF PROCEDURE: (TR10075) Amending rules of procedure for the City Commission to outline a process for reconsideration of items and issues previously considered by the Commission and to provide for recital of the Pledge of Allegiance at all Commission meetings. Assistant to the City Manager Diane Phillips gave a presentation. Commissioner Portner said he was not present at the last meeting and questioned whether the revision to the Commission Rules of Procedure is a violation of first amendment freedom of speech rights. Commissioner Portner said he took this as a personal affront for him bringing up the resolution regarding the war on Iraq. City Attorney Kraft replied this is a procedural revision and each Commissioner is free to discuss what they want under commission remarks. Commissioner Sultanof referred to the paragraph at the end of each agenda that refers to City Commission consideration or ability to act upon any item. There was discussion about the conflict in the language in the agenda and the new policy. Vice Mayor Roberts suggested a super majority, and Mayor Schreiber asked for an expression of interest to require a super majority to bring up an item that has already been before the Commission three times, prior to the six-month waiting period. Commissioner Portner, Vice Mayor Roberts and Mayor Schreiber expressed interest in a super majority. Commissioner Portner said he felt the pledge before each workshop meeting should be rotated the same way it was for regular meetings. There was a majority expression of interest for the Mayor to lead the pledge at workshop meetings. b. Item No. 6(n). REPLACEMENT VEHICLE PURCHASE: (TR10069) Purchasing replacement vehicles utilizing the Florida Sheriff's Association Bid #02-10-0826 and the Florida Department of Transportation Bid #FVPP-02-CA-3; authorizing an expenditure in an amount not to exceed $192,663. Assistant City Manager Michael C. Cernech gave a presentation and said this resolution fulfills the budgetary requests approved during the budget hearings. Vice Mayor Roberts questioned the different replacement costs, and Assistant City Manager Cernech said the role and needs of departments has changed; some vehicle requests were upgraded and some needs were less than originally anticipated. Commissioner Portner questioned the cost of repair vs. replacement, and Project Manager (Solid Waste Recycling) D'Amato explained that the number of miles and total cost of repairs to date are taken into consideration. Commissioner Sultanof asked if we would piggy -back on Broward County or FDOT March 24, 2003 City Commission Workshop 4 bids, and Vice Mayor Roberts questioned warranties. Project Manager (Solid Waste Recycling) D'Amato said the pick-up trucks are from the Florida Sheriff's Association Bid and the bus is from the DOT bid; the extended warranties are included in the vehicle replacement cost. C. Item No. 6(o). AGREEMENT - FINANCIAL ADVISORY SERVICES: (TR10067) Terminating the existing agreement dated October 16, 1996 with Public Financial Management, Inc. and all addenda thereto and executing a new agreement with Public Financial Management, Inc. for a three-year term to provide financial advisory services on an as -needed basis. Finance Director Dona Newman gave a presentation and said at the time the existing agreement was approved, the City was without a Finance Director, and it was the right decision for that time. Mayor Schreiber questioned the bond transaction costs, and Finance Director Newman explained the rationale behind the costs. Commissioner Portner questioned Item 6(e) on the consent agenda. GOVERNOR BUSH'S PROPOSED FY2003-2004 BUDGET -- STATE HOUSING TRUST FUND AND LOCAL GOVERNMENT HOUSING TRUST FUND: (TR10060) Opposing the portion of Governor Bush's proposed Fiscal Year 2003-2004 budget that eliminates the State Housing Trust Fund and the Local Government Housing Trust Fund as dedicated funding sources, and reduces by approximately $94.5 million the funds available for affordable housing programs (Case No. 5-MI-03); and authorizing the City Clerk to forward a copy of the Resolution to the Florida Housing Coalition for inclusion in correspondence to the State Legislature. Commissioner Portner said the present administration would not pay attention to this resolution; they are transferring money from the trust fund to the general fund, and this can only be done one time. Commissioner Partner asked if this resolution would be sent to other cities, and City Manager Miller said we could do that. Commissioner Sultanof said the Governor cannot sign an unbalanced budget, and Commissioner Portner said it would be balanced, somehow. 7. UPDATE RE: TAMARAC CITIZEN CORPS COUNCIL: Chief Jim Budzinski introduced Public Education Specialist Van Schoen, who distributed a handout to the Commission. Vice Mayor Roberts asked where the Community Council was in the handout, and Chief Budzinski said he did not have an emblem for them, but they are included. Chief Budzinski gave a presentation and said the Citizen Corps Council has been accepted by State and Federal government and we are established. Vice Mayor Roberts asked about funding and Chief Budzinski responded that by having the Citizen Corps Council in Tamarac allows us to submit directly for grants, and all the groups will have the ability to use the umbrella of the Council. Tamarac is ahead of the program and we have even had other cities call us for information. Commissioner Sultanof questioned the executive board officers and asked if City Manager Miller had designated someone; Chief Budzinski said this has not been done yet. There was discussion about the number of members of the executive board, and clarification that there would be no multiple representation or dual capacity service on the board. Chief March 24, 2003 City Commission Workshop 5 Budzinski said he intends to move forward in the community through the homeowner associations. 8. DISCUSSION RE: CHARTER BOARD APPOINTMENTS: City Clerk Marion Swenson said in September 2002 the electors voted to change the Charter Board from an elected to an appointed board, and Section 8.01 of the Charter states that the Charter Board is to be appointed to serve for a one-year period. City Clerk Swenson asked the Commission how they wanted to select members for the Charter Board; whether they wanted to advertise or select members from their districts, and when they wanted to make appointments. Commissioner Portner, Commissioner Sultanof, Commissioner Flansbaum-Talabisco and Mayor Schreiber were in agreement not to advertise; and the Commission wished to make appointments the second meeting in April. Mayor Schreiber called for a recess at 1:30 p.m. and reconvened the workshop meeting at 2:00 p.m. with all present except Vice Mayor Roberts. 9. DISCUSSION RE: SCHOOL BOARD POLICY REGARDING A MODIFIED CALENDAR: Community Development Director J. Christopher King gave a presentation and there was discussion regarding the effect this would have on city programs, and said the city would be impacted as follows: the city uses school facilities for the summer camp program; provision of daycare between sessions; an additional impact on the school crossing guard line item. Parks and Recreation Director Margoles added that Parks and Recreation staff would be impacted and additional programs needed; the programs we provide now in the summer are staffed by people from the after school programs and college students. Commissioner Sultanof said this would also impact vacation time for parents. Parks and Recreation Director Margoles said the problem with getting 2/3 of the parents to approve the modified calendar is that there are not necessarily the same parents voting in all the schools. Also, Parks and Recreation Director Margoles questioned the time element to make necessary changes. Community Development Director King said it appears that the earliest this would be put into affect, should the school board move forward with the changes, would be for the 2005 school year. Mayor Schreiber said the school board only wants our opinion at this time. They have not explained the modified plan or the benefit to the community. Commissioner Sultanof questioned whether this would have a monetary effect on our summer camp program. Parks and Recreation Director Margoles responded that it will be difficult for us to provide the service, but the educational benefit to the children may outweigh it. Mayor Schreiber said he sees no advantage to recommending the change and asked for an expression of interest. Commissioner Portner, Commissioner Sultanof, and Commissioner Flansbaum-Talabisco were against the change. Community Development Director King said he would prepare the response. Commissioner Flansbaum-Talabisco said she wanted to revisit the Woodlands Independent District issue that was discussed this morning, as elected officials are looked at to do what is in the best interest of the City. If a situation arises and the Commission asks for a referendum because they are not sure what to do, it sets a March 24, 2003 City Commission Workshop 6 precedent. Commissioner Flansbaum-Talabisco used the storage unit on Commercial Boulevard as an example and said there was a huge outcry against the project, but it passed. The Commission did not ask for a vote from the people. Handling matters this way sets a precedent and limits the Commission's ability to govern. Since this Bill came from the State, Commissioner Flansbaum-Talabisco wanted a legal opinion as to whether the Commission can turn around and set it out to the residents in the form of a referendum. Mayor Schreiber explained that the matter before the Commission today, involves the Woodlands. It is their problem; they brought it to the City because they need something to be done to replace their deed restrictions. The Commission felt this was the most democratic way to find out from the people living there how they feel about it; it affects only them; it is an internal problem. Commissioner Sultanof said the storage facility was not the same thing and he does not feel a precedent will be set here. The City must listen to the owner of the property, but cannot stop the owner or ask surrounding residents for opinions; the Commission is elected to vote on it. This is different, as it is an enclosed enclave. City Attorney Kraft said the Commission asked for a referendum but it will not set a legal precedent. The Commission is not bound to do this in the future. Commissioner Sultanof said if Exhibit "B" is acceptable to the Woodlands group he would have approved it without question. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 2:30 p.m. 1 Marion Swenson, CIVIC City Clerk March 24, 2003 City Commission Workshop 7 Page 1 of 2 - Marie Abbandando From: Singertrav@aol.com Sent: Tuesday, March 18, 2003 3:45 PM To: Joe Schreiber; Karen Roberts; Ed Portner; Marc Sultanof Cc: Mitch Kraft Subject: Woodlands Independent District Dear Mayor and Commissioners: I have grave concerns about the Woodlands Independent District (WID) bill pending in Tallahassee regarding the impact on both the City of Tamarac and the homeowners of the Woodlands. I have read HB01569 and cannot understand why intelligent people could not find a more reasonable and judicial solution to the existing predicament. What is the unspoken purpose for taking this elaborate and draconian action? When you strip away all legalese, what this bill establishes is an oligarchy masquerading as a "board of commissioners". After meeting many of the residents, I don't believe they know all the details or understand the implications of this bill. Below is listed some items I find troublesome: ,,. Sec. 4. (1) "Sole function of said initial board shall be to" impose "a non ad valorem special assessment." Should not assessments be voted on? Are there monetary limitations? Sec. 4. (2-5) WID Board Elections — Where does the bill state WID will pay the cost of elections. How much will routine plus special elections cost this city. NOT with my taxes. Sec. 5. (4) The WID will have the authority to request and accept Public grants. Please!!! Sec. 5. (11) (e) The CITY will be required to enforce the more stringent restrictions and codes enacted by the WID. At what cost? What about additional cost not anticipated in the contract. '(11) (e) 1 The WID will have the authority to privatize, close and re -plan their public streets. Why? Does the City want to hand over this authority? L Sec. 5. (17 & 18) The WID has authority to issue revenue bonds and incur debt. Even though the WID shall not create a debt that obligates any governmental entity, what happens if they default? Will the City be morally obligated to help the residents and bail them out? Sec. S. (2i) The WID will be eligible to receive planning and improvement grants, etc., as an "improvement district." How can we let the WID take funds set side for improvised neighborhoods? How devious. VSEC. (11 & 12 ) This act shall be liberally construed and shall be the controlling factor in the event of conflict with other laws/acts. Talk about loopholes. I can hear the proponents of the bill; "we have no intentions of taken advantage of anyone; we just want to protect our property value." Best laid intentions.....! Assuming the first elected WID board would never do anything underhanded, there is immense authority established. What will be ten years from now? What a kind of precedent is this setting? How many more special districts will be established? I request that the City examines this bill with a fine tooth comb making note of possible unintended problems. Then the board must convey to our Broward 3/18/2003 _/j Page 2 of 2 Legislators these concerns. Finally, it is imperative that the City have an - opportunity to review the final draft before the City passes a resolution allowing the bill to be enacted. Please acknowledge receipt of my message and what action you plan to take. Most of you know I'm not an alarmist but I am concerned that this WID bill will cause unforeseen ramifications. Sincerely, Ilene R. Singer 9539 Weldon Cir. # 215 Tamarac, 33321 954 720-5k52- E-mail singertrav@aol.com e-mailed 3-18-03 3/18/2003