No preview available
HomeMy WebLinkAbout2003-12-15 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, DECEMBER 15,2003 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, December 15, 2003, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88 th Avenue, Tamarac, Florida. PRESENT: Mayor Schreiber, Vice Mayor Roberts, Commissioner Portner, Commissioner Flansbaum-Talabisco, and Commissioner Sultanof. ALSO PRESENT: City Manager Miller, City Attorney Kraft, Assistant City Manager Cernech, and City Clerk Swenson. Mayor Schreiber led the Pledge of Allegiance. 1 . OVERVIEW OF THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF INSURANCE FRAUD: Captain Bill Santner, Broward Regional Manager, State of Florida Department of Financial Services, gave a presentation on insurance fraud. Mr. Santner said insurance fraud costs each household approximately $1,500 per year, and much of the fraud stems from health care and prescription fraud. Vice Mayor Roberts asked how the City could help residents avoid insurance fraud, and Mr. Santner replied by offering training to homeowner groups and distributing information in City Hall lobby and clubhouses. Commissioner Sultanof asked Mr. Santner to contact him and he would make sure the brochures were properly distributed. Mayor Schreiber asked about workers compensation fraud and Mr. Santner said arrests in that area are made from his division. 2. DECEMBER 17, 2003 AGENDA ITEMS: a. Item No. 7. COMMERCIAL GARBAGE FRANCHISE AGREEMENT — SOUTHERN WASTE SYSTEMS, LLC.: (T02029) Motion to adopt Ordinance on first reading authorizing the appropriate City officials to execute a Commercial Garbage Franchise Agreement between the City of Tamarac and Southern Waste Systems, LLC. Public Works Director Jack Strain and Project Manager (Solid Waste Recycling) Amber D'Amato gave a presentation. Commissioner Portner questioned the amount of revenue to the City and Project Manager (Solid Waste Recycling) D'Amato responded it is depenclant on the volume collected. Commissioner Portner questioned the recyclable revenue and Project Manager (Solid Waste Recycling) D'Amato said this is only collected from residential properties; the franchise in question is for commercial property. Commissioner Sultanof questioned the fees from recycling and Project Manager (Solid Waste Recycling) D'Amato said the fees are not paid to the residential properties, they are paid to the City. Project Manager (Solid Waste Recycling) D'Amato said the City received several hundred thousand dollars from recycling fees and commercial waste fees. Commissioner Sultanof asked if the new franchisee would be December 15, 2003 City Commission Workshop 1 able to bid for collection in the new commerce park and Project Manager (Solid Waste Recycling) D'Amato said they could. b. Item No. 6(e). SUBMISSION OF HOME PROGRAM DESCRIPTION: (TR10299) Approving the submission of the Home Program Description to Broward County for the use of funds through the Home Investment Partnerships Program Consortium Fiscal Year 2004/2005 for the City of Tamarac's Minor Home Repair Program with an option to shift funding into the First -Time Homebuyer Program; approving the federally required set -aside of fifteen percent (15%) for Community Housing Development Organizations (CHDOS) (Case No. 21—MI-03). Economic Development Manager Tammy Reed - Holguin gave a presentation and said Broward County is the lead agency in the consortium. Mayor Schreiber asked why the County is involved, since Tamarac is an entitlement City. Economic Development Manager Reed -Holguin explained we will be under the County for the next two years, along with other cities, and spoke of the different types of funding; CDBG, SHIP and this program, HOME. Commissioner Sultanof asked about the funds involved and Economic Development Manager Reed - Holguin said $146,000, the same as last year. Commissioner Portner asked if there was a cap on what each recipient is allowed and Economic Development Manager Reed -Holguin said the City set the cap at $15,000. Commissioner Portner asked how many households were helped this year and Economic Development Manager Reed - Holguin said 50-60; this request is for 7 more households. Mayor Schreiber asked about selection of contractors and said in the past there have been complaints from recipients and he feels the contractors should be screened. Economic Development Manager Reed -Holguin said the licensed general contractor does quality inspections, which will hopefully alleviate the complaints. C. Item No. 6(g). PURCHASING REPLACEMENT AND NEW VEHICLES: (TR10307) Purchasing replacement and new vehicles utilizing the Florida Sheriff's Association Bid #03-11-0825; authorizing an expenditure in an amount not to exceed $257,653. Public Works Director Jack Strain introduced Project Manager (Solid Waste Recycling) D'Amato and Purchasing/Contracts Manager Glatz. Public Works Director Strain gave a presentation. Commissioner Sultanof asked how many vehicles were involved and Project Manager (Solid Waste Recycling) D'Amato said there are 14; 13 replacements and one new vehicle; said purchases were approved in the FY04 budget. There was discussion regarding the Parks and Recreation van which was not included in the package, as it does not match any vehicle on the Sheriffs Bid. Mayor Schreiber commented on the fact that all vehicles were American made. Project Manager (Solid Waste Recycling) D'Amato spoke about purchasing like vehicles in order to keep a stock of replacement parts and the ability to purchase parts at a discount. Commissioner Portner questioned item 6(b) on the consent agenda and asked if this pertains to cameras. LEGISLATION - INSTALLATION OF TRAFFIC INFRACTION DETECTION DEVICES: (TR10308) Supporting the City of Pembroke Pines' request to the Florida Legislature to adopt legislation permitting the installation and utilization of traffic infraction detection devices at intersections; authorizing the City Clerk to transmit a copy of this Resolution to the Governor of the State of Florida, each member of the I December 15, 2003 City Commission Workshop 2 Broward County Legislative Delegation, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Broward County Commission, the Mayor of each municipality in Broward County, the Florida League of Cities and the Broward League of Cities. Assistant to the City Manager Phillips answered in the affirmative, and said the City put forth a request for the legislative agenda to address the issue and give cities leeway in providing traffic infraction devices. Tamarac received a copy of a resolution from the City of Pembroke Pines requesting support in their efforts to encourage the use of these devices, which generated this proposed resolution. Commissioner Portner said at the last workshop meeting he strongly objected to this and he still objects, as he feels this is an infringement on peoples' rights and he will not vote for it. Mayor Schreiber questioned whether the City Clerk is to forward our Resolution to the various entities and Assistant to the City Manager Phillips said to show our support we will forward copies of the Resolution to those entities named in the Resolution. Commissioner Portner questioned Item 6(c) on the consent agenda and asked if the seller usually pays the commission. REAL ESTATE SALES COMMISSION — CENMARK REALTY SERVICES: (TR10305) Authorizing payment of a real estate sales commission in the amount of $59,139.12 to Cenmark Realty Services, Inc. City Manager Miller said depending on how the deal is negotiated dictates whether the seller pays the commission. City Manager Miller reviewed the negotiation process which took place over the past four years, and explained Mr. Caplan's participation and assistance. When Mr. Caporella heard about the SWIM Central program and the opportunity to do something for the youth in our community, he said he would be happy to donate five acres of property to us. Staff is now requesting that Mr. Caplan be compensated 3% for the five acres. Commissioner Portner thanked Mr. Caplan for reducing the commission from 7% to 3%. Mr. Caplan thanked the Commission and said he is still working on the City's behalf; trying to expand the park by an additional five acres. Commissioner Portner questioned item #8, Temporary Ordinance 2031 and asked how it affects the Commissioners. AMENDING CHAPTER 10 AND CHAPTER 24 OF THE TAMARAC CODE REGARDING STREET LIGHTING: (T02031) Motion to adopt Ordinance on first reading amending Chapter 10, "Land Development Regulations", Article V, "Improvements", Division 2, "Roads and Public Rights -Of -Way", Section 10- 191, "Street Lighting", (b)(1), "Design and Construction Standards", Amending the identification of minimum standard for street lighting design and construction within the code to the current edition of the IESNA Lighting Handbook, published by the Illuminating Engineers Society of North America-, amending Chapter 24, "Zoning ", Article V, "Off -Street Parking and Loading", Section 24-579, "Lighting Standards", (a)(2)c, "Intensity", amending the identification of the current standard within the Code to the current edition of the IESNA Lighting Handbook, published by the Illuminating Engineers Society of North America; providing for codification. Public Works Director Strain explained that it should not affect the Commissioners; it is a clerical consolidation regarding the editions of the handbook and the title of the handbook. Commissioner Portner questioned language regarding property owners, builders and developers, and Public Works Director Strain said this is more for developers than homeowners, as it is December 15, 2003 City Commission Workshop 3 specific to parking lots and street right-of-ways. Commissioner Portner asked if this affects the County also and Public Works Director Strain said it is just for new developments and City right-of-ways. Mayor Schreiber asked if it involved Florida Power and Light, and Public Works Director Strain said it did not. Public Works Director Strain spoke about standards for each type of use. Commissioner Fortner asked Utilities Director Gagnon about the legitimacy of an advertisement left on his door by the Tri County Water Association, Inc. for water sampling. Utilities Director Gagnon said it is a program private companies use to sell water filters. Vice Mayor Roberts questioned item 6(f) on the consent agenda, and asked if it is normal to refund fire rescue assessment fees? FIRE ASSESSMENT FEE REFUND TO BROWARD COUNTY: (TR10304) Executing a Fire Assessment fee refund in the amount of $14,359.19 to be issued to Broward County for a 2004 Fire Assessment fee payment made in order to receive final permits for the Tamarac Branch Library. Management and Budget Officer Sammartino explained this is for the new library that was recently constructed and these fees are not normally paid by a government agency; they are exempt from the assessment. 3. UPDATE — MAINTENANCE RE: SABAL PALM GOLF COURSE: Public Works Director Jack Strain said over a year ago the City began trying to obtain maintenance easements at the Sabal Palm Golf Course. The City is presently maintaining the canals, which are private property, but the City has not been given the easements necessary to gain legal access. The City hired a consultant to look at the areas and come up with access points, and in August 2003 the City met with the owner of the golf course, presented the package to him and asked him to review the package and get back with the City. Mayor Schreiber asked if there is an agreement between the City and the golf course, and City Attorney Kraft explained there is a stipulation from the 1970's which said the City would be given an easement in order to maintain the canals. One issue that must be taken into consideration is that if we are to maintain the canals we need to have legal access to them. Mayor Schreiber questioned whether we are benefiting the golf course or the residents and said this is a poor use of public funds. Public Works Director Strain explained if the canals are not maintained the City Commission will get calls from the residents, as has happened in the past. Assistant City Manager Cernech explained the original agreement was for the benefit of the golf course. City Attorney Kraft explained that this is not really an agreement; it grew out of litigation between the City and Leadership Housing. Commissioner Sultanof asked whether it is time to negate the agreement, and City Attorney Kraft said because of the stipulation the City is obligated to do something with no ability to do it, as we have no easements. Commissioner Sultanof said if we are denied the access then we do not have to maintain the canals, and Assistant City Manager Cernech explained that the City is fulfilling its obligation under the stipulation. The golf course owner is not fulfilling his obligation under the stipulation to provide access. Mayor Schreiber asked if we do this for any other golf course in the city and if there is a cancellation clause. Assistant City Manager Cernech said we do not do this for other golf courses, and there is no December 15, 2003 City Commission Workshop 4 cancellation clause, per se. The City is going to stop the maintenance now, during the slow growth season, as opposed to the last time we stopped when it was a much higher growth time of year, and we will try to compel the golf course to give us the easements so we can comply with the stipulations. In the event we do not get the easements we will consult with the City Attorney as to how we might move forward and relieve ourselves of this obligation. Mayor Schreiber suggested going back into court and challenging the stipulation; City Attorney Kraft said there have been preliminary discussions about that. Commissioner Flansbaum-Talabisco said given that it is in Commissioner Portner's district, the residents will be calling him. Commissioner Portner said every commissioner has the same problem as far as the canals are concerned. The problem here is the easements. Staff is working diligently; if we don't clean the canals in that area, the phones will ring off the hook for all the commissioners here. Commissioner Portner asked what position the City is taking as far as going back to court, and City Attorney Kraft said we are not at that point yet. Since this is private property, Code Enforcement has a role in this as well, which is one of the things that would be done first. Vice Mayor Roberts said that since there is a newspaper reporter in the audience this morning, we should be able to get the word out to our residents that the owner won't give us permission as he is legally bound to do, so they don't get upset with us when the canals are not maintained. Commissioner Sultanof asked if we could exercise the full weight of our code and start fining the golf course owner. City Attorney Kraft said there is a process that must be followed. Assistant City Manager Cernech spoke of complaints from residents the last time the City stopped maintaining the golf course canals. Commissioner Flansbaum-Talabisco asked why the owner won't allow the easements, and Assistant City Manager Cernech said it is the City's understanding that the owner believes he will in the future build townhouses and condominiums on the golf course and by giving the City maintenance easements to the property it will impact his ability to do that. Assistant City Manager Cernech said staff would work with Commissioner Portner and talk to the homeowner associations so that they understand the City's position. 4. DISCUSSION RE: INSTALLATION OF LIGHTNING DETECTORS AT CITY PARKS: Parks and Recreation Director Margoles and Assistant Director of Parks and Recreation Warner gave a presentation. Assistant Director of Parks and Recreation Warner said City Manager Miller was contacted by an individual from the TAF requesting that we place lightning detectors in our parks. Vice Mayor Roberts said she brought the subject up at the TAF meeting, and most of the TAF members did not like the fact of having permanent lightning detectors; they requested hand-held detectors instead. Their reasoning was that some of the lightning detectors go for 20 miles and since the park is very close to the Everglades; if there is lightning over the Everglades the detector would go off and you would have to get out of the park, which would interrupt games. Mayor Schreiber asked the range of the hand-helds and Vice Mayor Roberts said between 3-5 miles. Assistant Director of Parks and Recreation Warner said hand-helds can reach ranges of 40 miles, but they can be set to different ranges. Mayor Schreiber said he recalled that the recommendation was made to go into the lightning detector program for safety purposes. Assistant Director of Parks and Recreation Warner said contact has been made with various cities who have lightning December 15, 2003 City Commission Workshop 5 detectors and he received favorable reports from the cities. Two cities presently have the hand-helds and are changing over to the in -place system. TAF is talking about their own members holding the hand-helds. Commissioner Sultanof asked what happens if they leave the hand-helds at home. Assistant Director of Parks and Recreation Warner said that is one of the issues that were discussed with Risk/Safety Manager Tomaszewski; the city does not want the hand-helds. City Attorney Kraft said the issue of liability needs to be discussed. Whatever system we go with there have to be established procedures and they have to be followed correctly. Commissioner Portner asked if there have been any accidents regarding lightning in our parks to date and Parks and Recreation Director Margoles said there have been no problems at the parks. Commissioner Portner asked if there is staff at the parks during league play and Parks and Recreation Director Margoles said not necessarily. It would be the responsibility of the league to make sure people leave the field in the event of lightning. Commissioner Portner said the need for electronic devices is a moot point; we all want to protect our citizens, however, having a lightning detection system in the parks makes us responsible and the question is do we want to be responsible. Commissioner Portner said he does not see the need for these systems. Mayor Schreiber said it is important because it is the elected officials' responsibility to protect the public. Commissioner Sultanof said in the event something happens and there are no lightning detectors in the parks, are we under an insurance liability for anyone who is playing in the park? Risk/Safety Manager Tomaszewski responded someone may sue us based on lightning strikes, but it is an act of God. The City does look into it. Commissioner Sultanof asked if the City has insurance for any liability, not for lightning. Risk/Safety Manager Tomaszewski said we have insurance for liability not for lightning. City Attorney Kraft said even with liability insurance there can be exclusions to that coverage. Commissioner Sultanof asked if the linear park would be included in this program, and Parks and Recreation Director Margoles said that is one of the questions for the Commission to decide. This was to come before the Commission in the FY05 budget; whether to consider putting the devices in the sports complexes only or in all the parks. Commissioner Sultanof asked if research has been done with Parkland and Coral Springs regarding the detectors, and Assistant Director of Parks and Recreation Warner said Parkland, Coral Springs and Weston have lightning detectors. Commissioner Flansbaum-Talabisco asked about liability if the system goes off or does not go off, and used a golf course as an example. City Attorney Kraft said if, using Commissioner Flansbaum-Talabisco's example of a golf course, the golf course establishes procedures and put up a big sign that says when the siren goes off, get off the golf course, and then the siren goes off and a person does not get off the golf course and gets hurt or killed, that's probably more defensible than if you don't have a sign and people are not sure why the siren has gone off. That's a whole different scenario. Risk/Safety Manager Tomaszewski said the city needs to look into procedures and optional issues. Mayor Schreiber asked for an expression of interest. Vice Mayor Roberts asked how we are going to make sure this is enforced, and Parks and Recreation Director Margoles said the City will develop procedures in cooperation with TAF so they know what their responsibilities are. Commissioner Sultanof, Commissioner Flansbaum-Talabisco, Mayor Schreiber and Vice Mayor Roberts were in favor of lightning detectors. Commissioner Portner was not in favor. Parks and December 15, 2003 City Commission Workshop 6 Recreation Director Margoles asked for clarification whether to move forward with a budget recommendation for the system, not the hand-helds, just for the sports complex and Tamarac Park or the entire park system. Mayor Schreiber, Commissioner Flansbaum-Talabisco, and Vice Mayor Roberts said for the entire park system. Vice Mayor Roberts said this was to be requested in the 2005 budget but it should be moved to mid year for the above two parks and then for the 2005 budget for the other parks. After discussion Parks and Recreation Director Margoles said she would put the information together and come to the Commission for their decision during mid -year budget. 5. DISCUSSION RE: ADVERTISING ON CITY BUSES: Administrative Services Manager Maldonado gave a presentation on bus advertising. Commissioner Sultanof asked if a contract is executed for advertising (not wraps) does the City have leeway regarding City sponsored events. Administrative Services Manager Maldonado said we currently have some vehicles with bus frames to hold advertising regarding City events. The frames will require a contract but may generate less revenue than the wraps. Commissioner Sultanof asked if there has been favorable input regarding the advertising that we currently display in the frames and Administrative Services Manager Maldonado said there has been great input. Commissioner Sultanof asked if the County objects to us advertising on their buses and Administrative Services Manager Maldonado said not as long as we return the buses in the same shape as we received them. Commissioner Flansbaum-Talabisco said the vinyl wrap is not necessarily attractive; and Administrative Services Manager Maldonado said all advertisements would have to be approved by the City Manager. Commissioner Portner asked how sponsorship would be impacted by advertising, and Parks and Recreation Director Margoles said a sponsorship packet would be put together. Commissioner Portner asked if sponsorship or advertising would increase revenue to the City, and Parks and Recreation Director Margoles said both will. Commissioner Portner asked if Margate's system has been looked into and Administrative Services Manager Maldonado said they charge $15,000 per year per bus for a two-year term. Mayor Schreiber asked for an expression of interest. Commissioner Sultanof said he is in favor of appropriate advertising; Commissioner Portner and Vice Mayor Roberts also were in favor. Mayor Schreiber said the Commission should have a say in what is advertised and how. 6. UPDATE — FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) WATER QUALITY RULE: Utilities Director Ray Gagnon gave a presentation and said new regulations affect all cities. The FDEP modified Chapter 62-555, F.A.C. regarding precautionary boil water notices, and if the valves have to be shut down for a repair there will be a mandatory two day boil water notice issued. The City will try to mitigate the impact of the new rule by changing the way we do business, in essence, if there is a break in the line, water will be slowed and the break will be fixed wet within the guidelines of the new rule. Tamarac is always diligent and will fault on the side of conservation. Commissioner Sultanof said he received an e-mail from Mayor Stork of Wilton Manors saying Tamarac has an outstanding utility department. December 15, 2003 City Commission Workshop 7 Commissioner Portner said the Commissioners have been dissuaded from attending meetings such as Planning Board and Code Board because of possible intimidation of the Board members. Commissioner Portner said several weeks ago Mayor Schreiber attended a Code Board meeting and Commissioner Portner said he received calls from the Board members saying they felt intimidated at the Mayor's presence. Mayor Schreiber replied he attended the meeting as a citizen, not in his capacity as the Mayor. Vice Mayor Roberts asked if any other commissioner or the City Manager received phone calls regarding this matter, and all replied they had not. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 11:15 a.m. Marion Swenson, CMC City Clerk I n December 15, 2003 City Commission Workshop 8