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HomeMy WebLinkAbout2003-08-25 - City Commission Workshop Meeting MinutesCITY OF TAMARAC WORKSHOP MEETING MONDAY, AUGUST 25, 2003 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, August 25, 2003, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. ROLL CALL: 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. Mayor Schreiber called for the pledge of allegiance. 1. UPDATE AND OVERVIEW OF LEGISLATIVE SESSION: Ron Book, Lobbyist, gave a presentation and said this was a bad legislative session. Mr. Book termed Senator Wasserman Schultz's approach as short-sighted and narrow regarding the Woodlands issue. Mr. Book said he stayed involved and did his best to keep the Commission apprised of the issue; prospects for this coming year remain to be seen. Mr. Book discussed the water project issue and said there is $100 million in the legislative budget which will remain until next year. Tamarac was granted $450,000 for its water projects and Mr. Book anticipates that more money will be forthcoming next year because the Water Management District does not like to see projects started and not completed. Mr. Book said he will continue to be responsive to Tamarac. Commissioner Portner said he would like to hear from Mr. Book in addition to him speaking with City Manager Miller. City Manager Miller noted Mr. Book's contract specifies communication with the City Manager and Mayor Schreiber added the proper procedure is for Mr. Book to respond to the City Manager who then keeps the Commission informed. Commissioner Portner thanked Mr. Book for spending time with him while he was in Orlando attending Broward Days. 2. AUGUST 27 2003 AGENDA ITEMS: a. Item No. 6(r). TASK AUTHORIZATION — DESIGN PERMITTING AND BIDDING FOR TAMARAC EAST WATER MAIN IMPROVEMENTS: (TR10211) Executing Task Authorization No. 03-10E with Mathews Consulting, Inc., to provide professional services for the design, permitting, and bidding for the Tamarac East Water Main Improvements, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution #R-2001-185, for an amount not to exceed $67,245.00; approving funding from the appropriate budgeted Utilities Operational account; authorizing the appropriate City Officials to administer the contract. Utilities Director Ray Gagnon gave a presentation and said this item encompasses phases 3 and 4 of the master plan. The design of the Boulevards and Tamarac Lakes North will eliminate August 25, 2003 City C ommissinn Wnrkshnn water mains in back yards, relocate the mains and meters to the front, upgrade the fire system and facilitate meter reading. Commissioner Portner questioned the length of the process, location and cost. Utilities Director Gagnon responded that construction will be along 27th and 28th Avenues, and would begin in April 2004 with completion set for August 2004. Utilities Director Gagnon said he did not have the actual cost figure with him but it is budgeted. Mayor Schreiber asked if this project will improve firefighting capacity and Utilities Director Gagnon responded in the affirmative. b. Item No. 6(p). AGREEMENT ADDENDUM — WACKENHUT CORPORATION: (TR10216) Executing an agreement addendum with the Wackenhut Corporation for security services effective nuns pro tunc to August 5, 2003 through August 4, 2004 adopting by reference all terms and conditions of Broward County agreement for RLI No. D090297RB; authorizing an expenditure in an amount not to exceed $4,500 monthly. Assistant City Manager/Interim Public Works Director Michael C. Cernech noted as of today he will no longer be Interim Public Works Director and introduced Jack Strain, the new Public Works Director. Assistant City Manager Cernech gave a presentation and said Wackenhut has offered to go on a monthly basis with Tamarac until the county renegotiates the agreement with Wackenhut, at which time Tamarac will again piggy -back with the county. Commissioner Portner asked if the county would possibly assume the cost and Assistant City Manager Cernech answered no and explained the county facilitates the contract thereby affording the city the opportunity to piggy -back. Mayor Schreiber questioned funding from Homeland Security and Assistant City Manager Cernech said funding requests have been made by Fire Rescue, with success; for this security service we have not had success in obtaining funds. If the opportunity to apply for funding for security services arises, we will do so. Commissioner Flansbaum-Talabisco questioned how security at the entrance to City Hall could be improved. Assistant City Manager Cernech said we could ask BSO to do a security evaluation, and we can take a look at our procedures and give the guard in front specific instructions. Commissioner Sultanof questioned the use of ID card access for all first floor offices except Customer Service. Assistant City Manager Cernech said we can look into that option, but perhaps maybe a more detailed process of letting people in would be effective. Commissioner Flansbaum-Talabisco said she would like to see the guard given instructions and Commissioner Portner asked about getting a magnetometer. City Manager Miller noted a security audit of City Hall was performed and decisions were made based on cost; staff can look into a magnetometer if the Commission desires. Assistant City Manager Cernech said staff will investigate and come back to the Commission with suggestions. C. Item No. 6(u). EXTERNAL AUDITOR SERVICES: (TR10163) Executing an agreement between the City of Tamarac and KPMG LLP, as the City's External Auditor for a three (3) year period beginning with the fiscal year ending September 30, 2003, with an option to renew the contract in subsequent years at mutually acceptable terms by both parties. Finance Director Dona Newman introduced Controller Bill Nealon and Senior Procurement Specialist Jim Nicotra. Finance Director Newman explained time is of the essence on this contract because we must provide an audited financial report to the state by March 315t of each year. Audits usually start in August and are completed August 25, 2003 City Commission Workshop in December or January. Finance Director Newman explained the RFP process and the fact that there were problems negotiating the indemnification and hold harmless agreement with the city's first choice. The city then moved on to choice number two, KPMG. Finance Director Newman said staff recommended KPMG, however the Commission has the right to choose another firm if they so desire. There was discussion about giving the Commission two choices and Vice Mayor Roberts said all four firms should have been interviewed. Mayor Schreiber said that KPMG is being sued by several companies and Finance Director Newman said they look at the background of the firm and the people the city will be dealing with; if the Commission desires, for future choices, the city can look at a company's international record. Mayor Schreiber said that he would rather Tamarac go with a local firm with a good reputation, a firm that would be a good corporate neighbor and would give back to the community. Commissioner Portner recommended using Grau and Company and Vice Mayor Roberts agreed. Mayor Schreiber agreed they have an excellent reputation throughout the county. Commissioner Sultanof agreed and questioned a 3-year contract. Finance Director Newman said this is a normal amount of time for a contract of this type. There was an expression of interest and all except Commissioner Flansbaum-Talabisco agreed to contract with Grau and Company. d. Item No. 10. AMENDING CHAPTER 16 OF THE TAMARAC CODE — ARTICLE Vill, POLICE OFFICER PENSION PLAN: (TO2021) Motion to adopt Ordinance on first reading amending Chapter 16, Pensions and Retirement, Article VIII - Police Officer Pension Plan; providing for a subsidy benefit of $220.00 per month for participants who retire on or after 10/01/02; providing for codification. Human Resources Director Maria Swanson introduced Employee Relations Manager Cummings who gave a presentation. Commissioner Portner asked for an explanation of premium tax revenues and Human Resources Director Swanson said they are monies collected from homeowner casualty insurance, a portion of which is returned to the municipality to help support police and fire pension plans. Commissioner Portner said he is on the collective bargaining board and this is a very confusing issue. Commissioner Partner said he has written a report on this and it is an item that can bankrupt a city. e. Item No. 8. AMENDING CHAPTER 2 OF THE TAMARAC CODE — ARTICLE III CREATING DIVISION 14 ENTITLED "ECONOMIC DEVELOPMENT ADVISORY COMMITTEE: (TO2019) Motion to adopt Ordinance on first reading amending Chapter 2 of the City of Tamarac Code of Ordinances entitled, "Administration", Article III "Boards, Committees, Commissions", creating Division 14 entitled, "Economic Development Advisory Committee", Sections 2-234.37 through 2-234.42 as provided herein to serve in an advisory capacity in matters relating to economic development within the City of Tamarac; providing for appointment of new board members and providing for specified duties (Case No. 32-Z-03); providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Community Development Director J. Christopher King gave a presentation and said at a previous workshop, the Commission directed the City Manager's office to look into the creation of an Economic Development Advisory Committee. At the July 7th workshop, the Mayor August 25, 2003 City (,nmrnisSinn Work0ior and Commission directed staff to move forward with legislation to create said committee. Commissioner Sultanof said that Tamarac's reputation is spreading beyond the state and recommended Commissioner Partner as liaison to the committee. Commissioner Portner said he would like to be the liaison and Commissioner Sultanof requested the liaison report to the Commission after each committee meeting. Mayor Schreiber said the city should not support the committee financially and Commissioner Sultanof said he had recommended an alliance rather than a city committee. Mayor Schreiber said before we get into this discussion, we must determine the direction in which we want to move. City Manager Miller said at the last meeting discussion was held to get the committee going and the committee would then recommend to the Commission whether an alliance would be in the city's best interest. Commissioner Portner suggested we follow Coral Springs' plan. City Manager Miller said Tamarac is beginning this process the same way Coral Springs did several years ago. City Manager Miller said he spoke with the City Manager of Coral Springs regarding this matter and there are several aspects to look at; first the committee must be established and then staff will work with the committee and bring back recommendations. f. Item No. 6(v). INTERLOCAL AGREEMENT — PUBLIC TRANSPORTATION SERVICES: (TR10218) Executing the Interlocal Agreement between the City of Tamarac and Broward County for Public Transportation Services. Assistant Parks and Recreation Director Greg Warner and Administrative Services Manager Dania Maldonado gave a presentation. Commissioner Portner asked if we would be getting another bus from the county and Assistant Parks and Recreation Director Warner responded we are actually giving a bus back since the routes have been revised and four routes were combined to three. Administrative Services Manager Maldonado explained we currently have four routes; the blue route will be eliminated with most stops incorporated into the remaining three routes. We will continue receiving the $20 per hour of service and the capital contribution is being increased to $12,000. Mayor Schreiber asked if Bermuda Club's request was included in the routes. Administrative Services Manager Maldonado said the entire perimeter would be served by the yellow route. Commissioner Portner asked how many buses we have now and Administrative Services Manager Maldonado responded three county buses and one of our own. Mayor Schreiber asked if the county has been troublesome. Assistant Parks and Recreation Director Warner answered no, there is a big push for ridership levels, but the county worked closely with city staff to establish the three routes. g. Item No. 6(x). AGREEMENT — CITY HALL ROOF REPLACEMENT: (TR10225) Executing an agreement with Specified Architectural Systems, Inc., a sole source distributor, for the replacement of the translucent panel roof system at City Hall; authorizing an expenditure not to exceed $316,583.30, which includes a contract price of $287,803.00 and a project contingency of $28,780.30. Assistant City Manager Michael C. Cernech gave a presentation and said there is only one distributor and one manufacturer in the state for this type of roof, therefore staff is recommending a sole source distributor. The roof will have the same look and translucency; hurricane rated on the exterior and fireproof on the interior. Mayor Schreiber asked about a warranty and Assistant City Manager Cernech responded there is a 5-year unconditional August 25, 2003 City Commission Workshop warranty and maintenance. Commissioner Sultanof asked if this is the same company that installed the current roof and John Thornton, Specified Architectural Systems, Inc., said no and confirmed only the panels will be replaced. Mr. Thornton explained the panels are designed to set on top of the framing, with no caulking or butt -glazing. Commissioner Sultanof spoke about shrinkage and leaks, and Mayor Schreiber questioned the assurance the panels will not discolor. Mr. Thornton reiterated there is a 5-year guarantee. Commissioner Portner asked about monies set aside for this project and Project Manager (Solid Waster/Recycling) D'Amato said $110-120,000 had been put in a sinking fund and the balance of the cost is in the current budget. h. Item No. 5(y). AGREEMENT FOR RELEASE OF RESTRICTIVE COVENANT — CENTEX HOMES: (TR10219) Executing an agreement entitled, "Agreement for Release of Restrictive Covenant"; authorizing the execution of the "Release of Restrictive Covenant" pursuant to the provisions of said agreement between the City of Tamarac and Centex Homes, a Nevada General Partnership, in order to accommodate the future development of the property generally located north of NW 57t" Street at NW 915t Avenue, specifically Parcel "P" of the "Lyons Industrial Park" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 1 of the Public Records of Broward County, Florida (Case No. 14-MI-03). Community Development Director J. Christopher King gave a presentation and noted the property conveyance has already been done and development applications were submitted last week. After approval of the applications, five acres will belong to Tamarac to be used for the pool. Mayor Schreiber said he would like to see Centex Homes bid on constructing the pool when the time comes to let bids; Community Development Director King responded they will not be precluded. Vice Mayor Roberts asked if Centex will pay the $40,000 lien on the property and Community Development Director King responded in the affirmative. Vice Mayor Roberts asked why this item is on the consent agenda rather than on the regular agenda and City Manager Miller said all the issues had been worked out and the item could be moved to the regular agenda if the Commission so desires. Vice Mayor Roberts said she intends to pull the item and vote against it. Mayor Schreiber said he believes an item of this great importance and large expense should be on the regular agenda. City Manager Miller said at the next meeting, public hearings will be advertised for this item. Community Development Director King acknowledged the team effort between the City Attorney's office, City Manager's office, Parks and Recreation, Utilities and Public Works in moving this item forward. Community Development Director King especially thanked Assistant City Attorney Steinerts who worked behind the scenes with attorneys for Centex. Combined Items: 1. Item No. 9. AMENDING CHAPTER 24 OF THE TAMARAC CODE — "ZONING" ARTICLE III TABLES 1 AND 2 AND DIVISION 9 "RM-10 PLANNED APARTMENT DISTRICT": (TO2001) Motion to adopt Ordinance on first reading amending Chapter 24 entitled, "Zoning", Article III entitled, "District Regulations", Table 1 entitled, "Table of Miscellaneous Residential Zoning District Requirements", correcting an error and changing the maximum building length from 350 feet to 400 feet, Table 2 August 25, 2003 City C ommiF jinn VVr)rk-hnr entitled, "Table of Setback Lines in Residential Zoning Districts", reducing the distance between the end walls of three story structures from thirty (30') feet to twenty (20') feet; amending Chapter 24 entitled, "Zoning", Article III entitled, "District Regulations", Division 9 entitled, "RM-10 Planned Apartment District"; Section 24-229 entitled, "Special Approval for Plots with Multiple Structures or Principal Structures Exceeding Permissible Length", reducing the minimum distance between buildings or wings of buildings from thirty (30') feet to fifteen (15) feet, and reducing the minimum distance between buildings end to end from thirty (30') feet to fifteen (15) feet (Case No. 10-Z- 03); providing for codification. 2. Item No. 11. AMENDING CHAPTER 24 OF THE TAMARAC CODE — "ZONING", ARTICLE III, DIVISION 1, DIVISION 10 "R-4A PLANNED APARTMENT DISTRICT": (TO2002) Motion to adopt Ordinance on first reading amending Chapter 24 of the Code of Ordinances entitled, "Zoning", Article III "District Regulations", Division 10 entitled, "R-4A Planned Apartment District", Section 24-250 entitled, "Special Exceptions for Plots with Multiple Structures or Principal Structures exceeding Permissible Length", reducing the minimum distance between buildings or wings of buildings from thirty (30') feet to fifteen (15') feet, and reducing the minimum distance between buildings end to end from thirty (30') to fifteen (15) feet (case No. 9-Z-03); providing for codification. Mayor Schreiber said he did not approve of these changes as they benefit the developers and reduce the space between buildings, which is a detriment to the Tamarac residents. Vice Mayor Roberts agreed and said by reducing space between buildings, green space is being eliminated. Community Development Director King explained the reason for these ordinances is there is a conflict in the code. Mayor Schreiber suggested making changes to the code that would benefit the public not private interests. Mayor Schreiber called for a recess at 11:15 a.m. Mayor Schreiber reconvened the workshop meeting at 11:30 a.m., with all present as before. Vice Mayor Roberts questioned item 6(w) on the consent agenda and asked if a new light pole is being added. AGREEMENT — TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT: (TR10180) Executing a Site Lease Agreement with AT&T Wireless Service of Florida for the installation of a telecommunications antenna and associated equipment on the existing tower at Tamarac Sports Complex; authorizing the appropriate City Officials to execute any permit applications as may be required on behalf of the city as owner of the property. Assistant City Manager Cernech responded that it is merely another ring on an existing tower. Commissioner Sultanof asked if we are being compensated for it and Assistant City Manager Cernech said yes. Commissioner Portner asked about item 6(t) on the consent agenda. RFP AWARD AND AGREEMENT — SECURITY ACCESS CONTROL SYSTEM: (TR10177) Awarding RFP NO. 03-09R to and executing an agreement with Security One, Incorporated for the replacement of proprietary components of the security access control system; authorizing an expenditure in an amount not to exceed $32,063.47. Assistant City Manager Cernech explained that Simplex is a proprietary system and that by going to August 25, 2003 City Commission Workshop r another vendor, it allows for a greater number of competitors and affords a better price to the city. Commissioner Portner questioned item 14 on the regular agenda. AMENDING SECTION 22-132 OF THE TAMARAC CODE — RETURN OF UTILITY CUSTOMER DEPOSITS: (T02014) Motion to adopt Ordinance on second reading amending Chapter 22 entitled, "Utilities", Article III entitled, "Rates and charges and billing procedure", Division 4 entitled, "Billing and discontinuance of service", Section 22-132 entitled, "Consumer deposit", allowing for the return of consumer deposits for customers in good financial standing; providing for codification. APPROVED ON FIRST READING JULY 9, 2003 Finance Director Newman explained that good financial standing is defined as two years good payment history with no more than one late payment per year. Refunds will appear as a credit on utility bills. Vice Mayor Roberts questioned item 6(d) on the consent agenda and said she is not in favor of the 7% salary increase in Section 2. She believes it should be no more than 5%. AMENDING TERMS OF EMPLOYMENT: (TR10191) Amending terms of employment of the City Attorney. Commissioner Sultanof suggested that 6% would be a more applicable adjustment. Commissioner Portner agreed with 5% for the salary adjustment and Commissioner Flansbaum-Talabisco said she is comfortable with 7%. Mayor Schreiber said the city attorney is not like any other employee in the city. He is responsible for legal activities of the city and through the years, has done a good job keeping Tamarac out of trouble. Mayor Schreiber felt 7% was fair. Commissioner Sultanof said in order to create a consensus, he would agree to 7%. There was discussion about the city manager's evaluation date and Commissioner Flansbaum- Talabisco asked to hear from the Human Resources Director regarding this issue. Human Resources Director Swanson spoke about the perception of the amounts shown in the budget for the manager's and attorney's salaries. After much discussion, there was an expression of interest as follows for the City Manager's review date to be changed to October 1": Commissioner Flansbaum-Talabisco, Commissioner Sultanof and Mayor Schreiber "no"; Commissioner Portner and Vice Mayor Roberts "yes". It was decided then to leave the City Manager's anniversary date as it currently is in April. Mayor Schreiber questioned item 13 on the regular agenda. AMENDING SECTION 22- 96 OF THE CODE — ADDING REQUIREMENT FOR AUTOMATIC ANNUAL ADJUSTMENTS TO WATER AND WASTEWATER RATES AND CHARGES PURSUANT TO THE U.S. CPI: (T02011) Motion to adopt ordinance on second reading amending Chapter 22 entitled, "Utilities", Article III entitled, "Rates and Charges and Billing Procedure", Division 2 entitled, "City of Tamarac Utility", Section 22-96, entitled, "Rates and Charges Applicable to City Utility", adding the requirement for automatic annual adjustments to water and wastewater service availability charges and consumption rates pursuant to the U.S. Consumer Price Index for the period; providing for codification. APPROVED ON FIRST READING JUNE 25, 2003 City Manager Miller explained if the CPI is not addressed during the budget process, it will be automatic; however the Commission has the right of review and can change or eliminate the CPI for a particular year. August 25, 2003 C'it\, Cnmmission Workshnr City Manager Miller discussed the Commission's previous request to have Dr. Mathes back for goal -setting sessions in the fall. City Manager Miller said some Commissioners indicated their desire not to invite Dr. Mathes at this time; however City Manager Miller said he would like to get together with the Commission in a few months to share his educational experience while in Virginia this summer. After discussion, the expression of interest was to postpone Dr. Mathes indefinitely. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 12:10 p.m. Marion Swenson, CMC City Clerk 1 n August 25, 2003 City Commission Workshop