HomeMy WebLinkAbout2010-03-22 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
MONDAY MARCH 22, 2010
CALL TO ORDER: Mayor Talabisco called the workshop meeting to order at 9:30 a.m. on
Monday, March 22, 2010, in Room 105, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL
33321.
PRESENT: Mayor Beth Talabisco, Vice -Mayor Harry Dressler, Commissioner Pamela
Bushnell, Commissioner Patricia Atkins -Grad, and Commissioner Diane Glasser.
ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Attorney Jacob Horowitz,
Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson.
Mayor Talabisco led the pledge of allegiance.
1. Discussion/Update re: Pain Clinics. BSO Chief Duguay, Assistant City Attorney Horowitz
and BSO Detective Pat Keegan appeared. Assistant City Attorney Horowitz gave a
presentation on the draft Ordinance and said this would impose a 6-month business tax receipt
moratorium on pain clinics and businesses that dispense pain medications, and would give the
State of Florida the opportunity to act on pending Bills. The draft Resolution supports efforts
on a statewide level. BSO Chief Duguay said there are currently no pain clinics in Tamarac
but there are pharmacies that dispense such pain medications indiscriminately. Commissioner
Bushnell asked if the legislation would affect Urgent Care Centers and Assistant City Attorney
Horowitz defined pain clinics and pain management clinics and said Urgent Care Centers are
not included in that definition. Commissioner Glasser questioned monitoring of the facilities
and BSO Chief Duguay explained BSO's procedures. Vice -Mayor Dressler questioned the
generic opioids description of Oxycodone and BSO Chief Duguay said Oxycodone is a brand
name. Mayor Talabisco added there is federal legislation in the works regarding this matter
that would help us. Mayor Talabisco asked for an expression of interest to add the draft
Ordinance and Resolution to Wednesday's Commission meeting agenda. All were in
agreement.
2. Presentation of FY09 CAFR. Financial Services Director Mason and Pablo Llerena, GLSC
& Co., PLLC appeared. Financial Services Director Mason gave a presentation and spoke of
material weaknesses found by the auditors, which, he said, would not recur; there will be a
change in timing as to when the auditors come to Tamarac in the future. Vice -Mayor Dressler
spoke of the debt service millage and said when inflation hits it is to our advantage to be more
highly leveraged; looking down the road 5-10 years there could come a point where we would
want to change that. Vice -Mayor Dressler commended Financial Services Director Mason on
his work for the City of Tamarac. Commissioner Bushnell questioned a fixed one-time
expenditure, and Financial Services Director Mason said perhaps the purchase of land or
hurricane repairs that are not refundable from the federal or state governments.
Commissioner Atkins -Grad complemented the auditors and Financial Services Director Mason
on their work, and Financial Services Director Mason commended Controller Cajuste. Mayor
Talabisco asked if the Charter recommendations will impact what was discussed today and
Financial Services Director Mason said it will impact, in the future, how we designate fund
balance.
Page 1 of 4 City Commission Workshop March 22, 2010
3. Item No. 6 (b) on the Consent Agenda. AUTHORIZING FOUR -WEEK VACATION FOR
MAYOR AND COMMISSION: (TR11765) Authorizing a four -week consecutive period (July 18,
2010 — August 15, 2010) during which time the City Commission will not schedule any regular
meetings pursuant to Section 4.06 of the City Charter. City Clerk Swenson presented the item.
Vice -Mayor Dressler left the room at 10:20 a.m. and returned at 10:25 a.m.
4. Item No. 6 (c) on the Consent Agenda. SKATE PARK AMENITIES: (TR11776) Approving
the purchase and installation of skate park amenities from American Ramp Company at a cost
not to exceed $180,220.15, utilizing the Texas Association of School Boards "Buyboard"
Consortium. Parks & Recreation Director Warner, Assistant Director of Parks and Recreation
Probert, and Purchasing/Contracts Manager Glatz appeared. Director of Parks and
Recreation Warner and Assistant Parks and Recreation Director Probert gave presentations.
Commissioner Bushnell expressed concern over the fact that there would be no staffing at the
Skate Park. Director of Parks and Recreation Warner spoke of the Skate Board Immunity
Statute in the Florida Statutes and said there will be security cameras installed and BSO will
have the ability to pull the information up on their laptops; additionally maintenance staff will be
at the sports complex throughout the day. Commissioner Bushnell questioned the number of
people allowed in the Skate Park at one time, and questioned the City's liability. Director of
Parks and Recreation Warner explained there will be signage and we will work with the Fire
Department as to capacity. Additionally, part of the Skate Board Immunity Statute will require
parents to sign a waiver, and there will be periodic checks to make sure waivers have been
signed. Mayor Talabisco questioned the mechanism for staff to hand out waivers and stickers
for the helmets and Director of Parks and Recreation Warner said when the park first opens
staff will be available and we will publicize the matter. There was discussion regarding the
City's level of liability if there is full time staff available. Commissioner Bushnell questioned the
hours of use and if there will be a fee to use the facility. Director of Parks and Recreation
Warner said the facility will be open during park hours (8:00 a.m.-9:00 p.m. weekdays and
until 10:00 p.m. weekends.) Assistant Parks and Recreation Director Probert said staff would
look into a fee. Assistant City Attorney Horowitz explained the waiver is only applicable to
participants under the age of 18. Assistant Parks and Recreation Director Probert added there
are a minimal amount of injuries reported from skate park use. Director of Parks and
Recreation Warner said in case of emergencies, there will be a phone number posted to call.
Mayor Talabisco questioned the use of volunteers and Assistant Parks and Recreation
Director Probert said while it is difficult to get volunteers to monitor facilities, staff would keep
trying. Deputy City Manager Cernech said per capita there are more injuries associated with
basketball than skate boarding. Mayor Talabisco expressed concern regarding the liability to
the City should someone get hurt and Assistant City Attorney Horowitz discussed sovereign
immunity protection to the City, and said there is the same level of liability as with other sports
activities. Commissioner Glasser questioned the location of the cameras and who would have
access to the information. Director of Parks and Recreation Warner replied BSO and Parks
and Recreation Staff can watch the film on laptops — the information will be networked.
Commissioner Glasser said she was still not comfortable with this. Commissioner Bushnell
questioned cameras at other venues and Director of Parks and Recreation Warner said there
are none at this time. Assistant City Manager Phillips spoke of a submission for State funding.
Vice -Mayor Dressler said he is also uncomfortable with the liability matter and suggested
removing the item from the consent agenda for further discussion and asked Director of Parks
and Recreation Warner to get information regarding liability from other cities that have Skate
Page 2 of 4 City Commission Workshop March 22, 2010
Board Parks. Assistant City Attorney Horowitz and Director of Parks and Recreation Warner
said they could get information for the Mayor and City Commission for Wednesday's meeting.
Commissioner Atkins -Grad said she would like to see this move forward with no liability to the
City. Commissioner Bushnell questioned an age limit to use the park and Director of Parks
and Recreation Warner said up to a certain age, a parent will need to accompany a child.
There was discussion regarding a fee to use the facility.
Mayor Talabisco moved out of the regular order of business on the agenda to take up Item No.
7 on the workshop agenda.
7. Update Re: Dog Park Operations. Parks and Recreation Director Warner gave a
presentation and spoke of the use of the dog park, operations, items that need attention as
identified by users as well as BSO and staff observations, scheduling, drive-throughs, contact
with registered volunteers about working at the dog park, signs moved away from the gate
area that were blocking view of the parking lot, sign boards, BSO surveillance and additional
patrols by BSO and signage. Staff will continue recruitment of volunteers, more frequent trips
to the park to speak with `regulars' to solicit input and ask that they help with monitoring,
review of current signage to insure most important messages are highlighted to all users,
placement of signs with instructions on what to do if you witness an aggressive dog or
unregistered Pit Bull, BSO efforts, and seeking funding for security camera systems. Director
of Parks and Recreation Warner proposed working with the City Clerk's office to issue tags to
be displayed on dog collars to make sure Pit Bulls or Pit Bull like dogs are registered in
Tamarac. Commissioner Atkins -Grad said she is happy to see the City is looking into
obtaining security cameras. Commissioner Bushnell questioned the cost of the mitts for
animal waste pickup and Director of Parks and Recreation Warner said he would get back with
her. Commissioner Bushnell said she had suggested mobile dog groomers come to the park
which would provide a good service as well as another set of eyes in the park. Director of
Parks and Recreation Warner said he had made contact with them to get involved in some of
our events. Commissioner Glasser said she has heard great things about the dog park and we
are heading in the right direction for solutions to problems. Vice -Mayor Dressler said
increased awareness of vehicle break-ins is important; people should not be leaving valuables
in their cars.
Mayor Talabisco returned to the regular order of business on the agenda.
5. Item No. 6 (d) on the Consent Agenda. AMENDMENT #2 - RENEWAL WITH FRANKLIN
COMMUNICATIONS, LLC: (TR11778) Authorizing the appropriate City Officials to renew an
agreement for "printing & distribution of City of Tamarac publications" to and execute and
agreement with Franklin Communications, LLC for printing services for a one (1) year period,
providing for one (1) additional one (1) year renewal option at the discretion of the city;
authorizing the City Manager to approve expenditures for printing. Public & Economic Affairs
Officer Berns and Purchasing/Contracts Manager Glatz appeared. Public and Economic
Affairs Officer Berns gave a presentation. Mayor Talabisco said she spoke with Ben Chicofsky
and he was very happy to have received the proclamation.
6. Item No. 6 (e) on the Consent Agenda. SUNRISE TRAFFIC SAFETY DEVICES GRANT:
(TR11782) A Resolution of the City Commission of the City of Tamarac, Florida authorizing the
appropriate City officials to execute an Agreement between the City of Tamarac, a sub -grant
Page 3 of 4 City Commission Workshop March 22, 2010
participant, and Sunrise Fire Rescue, the sub -grantee project coordinator, for the receipt of
Traffic Safety Devices under a Broward County Emergency Medical Services (EMS) Grant, as
part of the State EMS County Grant funds. EMS Division Chief Sheridan gave a presentation
and said at this time we hope to be able to outfit all our apparatus since other cities are
backing out of the grant due to the paperwork involved.
8. Discussion/report re: Metropolitan Planning Organization (MPO). Vice Mayor Dressler
reported on the status of the MPO and said the westernmost cities do not receive much of the
benefit of the funds spent by the MPO. The MPO discussed going independent and having its
own staff, thus enabling the MPO to make decisions with a new focus — Mass Transit. A
special task force was created and three motions were passed: 1) form an independent
organization and terminate the 1977 agreement with Broward County with five months' written
notice; 2) approve an Interlocal Agreement between the MPO and Broward County to transfer
or offer 17 positions to employees from Broward County to the MPO; 3) instruct the MPO
Executive Director to negotiate for administrative services with a third party agency. The vote
on each of the motions was favorable, 15-4. Commissioner Glasser asked if the MPO
appointments were County Commission appointments and if the 25 people working for the
MPO, who are County employees would be willing to give up their amenities with the County.
Vice -Mayor Dressler responded of the 19 delegates, four are appointed by the County
Commissioners. Vice -Mayor Dressler said the amenities was one of the issues discussed.
Commissioner Atkins -Grad left the room at 11:47 a.m. and returned at 11:50 a.m.
Commissioner Glasser asked if Vice -Mayor Dressler thought this would be successful and if a
vote from the MPO was enough to accomplish the above. Vice -Mayor Dressler said yes to
both. Commissioner Bushnell asked if the MPO would then absorb other agencies, such as
the State Road 7 Collaborative and Vice -Mayor Dressler said he believes once the MPO gets
established as an independent organization it will then be able to address different
organizations that need to be plugged in as part of the implementation. Commissioner Glasser
asked where most of the funding comes from and Vice -Mayor Dressler said it is federal.
9. Discussion/report re: Amendment 4. Vice Mayor Dressler spoke in opposition to
Amendment 4 and discussed the City of Denver's bad experiences with Amendment 4. Vice -
Mayor Dressler added 700,000 signatures were collected to place the item on the ballot in
November, without going through the legislature. Developers and realtors have spent all they
can to fight this referendum. Cities cannot spend taxpayers' money to advocate any position.
Vice -Mayor Dressler said it is his belief this will be approved in November and the impact on
Tamarac and other cities will be extremely severe, due to tax regulations already in place, and
the fact that there will be no impact or user fees coming to the cities because there will be no
development. Vice -Mayor Dressler said his forecast is that cities in Florida will go bankrupt.
There being no further business to come before the Mayor and City Commission, Mayor
Talabisco adjourned the workshop meeting at 12:05 p.m.
WJ
Marion Sweh.§on, CMC
. City Clerk
Page 4 of 4 City Commission Workshop March 22, 2010