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HomeMy WebLinkAbout2005-09-06 - City Commission Special Meeting MinutesCITY OF TAMARAC SPECIAL CITY COMMISSION MEETING CONFERENCE ROOM 105 TUESDAY, SEPTEMBER 6, 2005 CALL TO ORDER: Mayor Schreiber called the Special City Commission meeting to order on Tuesday, September 6, 2005, at 11:00 a.m., in Conference Room 105, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, Interim City Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Schreiber led the pledge of allegiance. City Manager Miller introduced Finance Director Chapman and Chief Budzinski. City Manager Miller said with regard to the memorandums distributed to the Mayor and City Commission prior to today's meeting (a. Preparation, Response and Recovery Report — Hurricane Katrina; b) Hurricane Katrina Outreach), directors are available to respond to any questions the Mayor and City Commission may have. City Manager Miller stated that Hurricane Katrina devastated three states, Mississippi, Louisiana and parts of Alabama. During and after the event there was a lot of concern with regard to response efforts and timeliness of the response efforts. The sights shown on television and in the newspapers are upsetting and gruesome. There has been an outpouring of aid from many non -profits throughout the United States, with approximately $250,000 from the private sector. Recovery will be a long term process; it will be several years before the area is rebuilt. The City of Tamarac has been set up as a contribution point, and press releases have gone out to this end. Tamarac is part of the State Emergency Plan Network and we respond to the state in providing whatever type of service they feel is right and timely for the stricken areas. Tamarac has been in touch with the emergency network daily. Chief Budzinski said Florida was contacted immediately after Hurricane Katrina impacted the Gulf Coast; in particular, the State of Mississippi contacted Florida and asked for assistance in establishing their EOC. Commissioner Portner asked if the governor of Mississippi personally made the contact. Chief Budzinski said there was a formal request from the state, which would come through the Mississippi governor's office to the Florida governor's office. Early last week Florida sent 30 more key people at the state level EOC, and they are in the process of surveying the situation to find out what is needed. Friday of last week a team of experienced people was put together to deal with the six lower counties in September 6, 2005 Special Commission Meeting 1 Mississippi. Deputy Fire Chief Schuldt was asked to participate and he arrived in Mississippi on Saturday. They are still in the process of determining what is necessary to get the communities back up and operating under basic emergency functions. Some teams dispatched from Florida to New Orleans and surrounding areas fall under the United Search and Rescue (USAR) which is a national response team. These teams will be providing search and rescue services. There are currently 50 rescue units there from Florida and more are needed. Much of the emergency response equipment in the affected areas is inoperable, and there has been a response from across the country to supply needed equipment. This is a big issue and a large coordination of response efforts. Hurricane Andrew was the last national disaster operated without an emergency plan; having no formal plan created problems and the need for a coordinated effort was recognized. The plan in place, while seemingly cumbersome, is efficient. Response in these types of situations is not immediate, which is the unfortunate nature of these disasters. Mayor Schreiber said it is a process of evaluation at this point. Chief Budzinski continued, explaining that there was no expectation that the bridges and main roads going into New Orleans would be impassible; rescue workers needed to find alternate routes to get into the city; they had to divert to side roads, some of which were flooded, and it took them longer to get to their destinations. It will take years to resolve the destruction. As an aside, Chief Budzinski stated that there were still people in shelters five years after Hurricane Andrew. As daily operations resume their normal process, we tend not to realize the extent of these situations. Mayor Schreiber asked which agency handles coordination of the rescue. Chief Budzinski said under the initial response plan the lead agency is FEMA, with Homeland Security responsible for FEMA. Mayor Schreiber said based on their performance, we are in bad shape. Chief Budzinski said at the street level things are happening, but it is impossible to respond to everyone at the same time. Commissioner Sultanof said there is no place in the world that can respond as quickly as we would like to; the roads are impassible and the Coast Guard is bringing people in, but they have been hampered by looters. It is not an easy package. Commissioner Sultanof commended the firefighters of Tamarac, the State of Florida and those of other states for coming to the front quicker than people understand. Commissioner Sultanof said he hoped New Orleans is not rebuilt because the city is surrounded by a lake, the gulf and canals and it is below sea level. Chief Budzinski said after Hurricane Andrew there was a significant shift in the way FEMA approached disasters. More focus was placed on mitigation rather than merely repairing. September 6, 2005 Special Commission Meeting 2 Commissioner Portner said New Orleans is a city unique unto itself and to say it should not be rebuilt is an affront to the people in Louisiana and New Orleans. Commissioner Portner said he requested this meeting to see what Tamarac can do as a city for New Orleans. Commissioner Portner gave several recommendations one of which is to open the Tamarac Community Center for evacuees of all three states affected by the storm. Mayor Schreiber asked who would make the determination of those people who are to come here. Commissioner Portner said someone is taking care of making that determination now and bringing people to other cities. Commissioner Portner said when the Tsunami struck he recommended the Mayor and City Commission donate $100,000 to the relief fund, but he was told that the money is public funds. Commissioner Portner said public funds are for the public good, and asked about donating the money to an organization. Commissioner Roberts suggested donating $25,000 but not directly to New Orleans. Commissioner Roberts said it is a beautiful city and should be rebuilt, but she is concerned about devastation outside the New Orleans area. Commissioner Portner said that is a paltry sum for the City of Tamarac and suggested $75,000 to whichever organization the city deems appropriate. Mayor Schreiber said we currently make donations through the United Way. Commissioner Portner said additionally he would like the Mayor and City Commission to send a resolution to Governor Jeb Bush asking him to abate the gas tax for the State of Florida for the next 60 days. Commissioner Portner said he lived in New Orleans for some time and when it rained there the streets flooded but it did not matter to the residents. Commissioner Portner reiterated he would like to have the Tamarac Community Center opened to house evacuees and a donation of money to a relief fund, preferably not the Red Cross, as well as the resolution requesting an abatement of the gas tax for 60 days. Mayor Schreiber asked if the money suggested would be used to pay for housing evacuees at the Tamarac Community Center or if that amount is separate and apart from that suggestion. Commissioner Portner said it would be separate and apart. Vice Mayor Flansbaum-Talabisco said there is no question everyone here is compassionate and caring, and this is a disaster of biblical proportions. Vice Mayor Flansbaum-Talabisco said an encouraging note is that she heard over $400 million has been raised so far, and she also heard the waters are beginning to recede and people seem to be slightly lighter hearted than they have been over the past week. There are September 6, 2005 Special Commission Meeting 3 a number of programs available in which cities and counties can participate; there is a county program in which every employee as well as the commissioners donated one day of pay, for which the county wrote a check to charity. Parkland is holding a blood drive; and Vice Mayor Flansbaum-Talabisco said she spoke with Jim Cruickshank of University Hospital and Broward School Board Superintendent Dr. Till with regard to nurses and teachers now without jobs and no place to go. Mayor Schreiber said if they come here they must be able to find places to live. Vice Mayor Flansbaum-Talabisco said as a city we can facilitate this. Mr. Cruickshank's assistant spoke with Vice Mayor Flansbaum-Talabisco and told her the A.C.A. and Tenet Hospital systems are relocating people, and Vice Mayor Flansbaum-Talabisco asked, as a city, do we perhaps have jobs available here for those people. Money is only one component of what the city can contribute. Commissioner Sultanof said the Tamarac Community Center does not have the facilities needed for this type of event unless portable bathrooms and portable space is brought in; ten families would be a lot to take in, if at all possible. Commissioner Sultanof said he would like to see other facilities made available where perhaps many people could be housed. Twenty-five families went to Boynton. It is not only a matter of transplanting people from one area to another, but we need the facilities and ability to care for them. Tamarac is not equipped for this. Organizations like the Salvation Army, Red Cross, and others are equipped to handle these situations. When we talk about money cities should donate, there has to be a purpose under the law or charter relating to how we can disburse sums of money. It is a wonderful gesture and Commissioner Sultanof said he is for it 100%; but there is only so much a single city can do. Saturday evening at the AFL-CIO Gala, he found out many cities are going in the same direction; however, none said they will give cash on the barrel head. Money is being raised. Commissioner Sultanof said every year Tamarac gives $115,000 to charities (this is in our budget) and he is concerned about legal restrictions with regard to what we can and can not do. Finance Director Chapman said currently the City of Tamarac is doing what it can to collect donations. Any citizen wishing to write a check to United Way, donate cash, or use a credit card for a donation may come to our customer service department, where these donations are being accepted. We will ensure the money gets to the donator's designated destination. For the city to provide cash funding under law there must be a municipal need, and Finance Director Chapman deferred to Interim City Attorney Goren for further discussion. Interim City Attorney Goren explained under the state constitution and Florida Statutes tax money must be spent for particular purposes. Chapter 166, F.S., the home rule powers, discusses municipal purpose. There is a difference between public purpose and municipal purpose. Not all public purposes are municipal purposes. It is required that a city spend ad valorem tax dollars within its jurisdictional borders. The Mayor and City Commission give donations to county wide organizations that have an impact September 6, 2005 Special Commission Meeting 4 benefiting people within the city, and these benefits are supported by those organizations. Findings can be made suggesting what happens in the Gulf Coast is public in nature, but Florida law limits what local government can do outside its borders, and Interim City Attorney Goren discussed a request to the City of Coral Springs from the School District to pay for bleachers outside the jurisdictional limits of the City of Coral Springs, which is inconsistent with Florida Statutes. The topic being discussed by the Mayor and City Commission this morning has serious implications. There is more legitimacy in spending money with local organizations or raising money for a certain purpose. Interim City Attorney Goren said he does not know who will look over the Mayor and City Commission's shoulder with regard to these types of expenditures, but there are regulations regarding spending municipal tax money. It is hard to distinguish city from state dollars. Interim City Attorney Goren said he recognizes this commission, as well as others, is concerned for the Gulf Coast. Vice Mayor Flansbaum-Talabisco said Florida is in the middle of the hurricane season and we must be cognizant of what could happen here. Our first charge is to take care of our citizens. Commissioner Portner's suggestion regarding use of the Tamarac Community Center as a refuge means closing it to our residents; their money goes to the Tamarac Community Center and they use it. Vice Mayor Flansbaum-Talabisco said we need to consider this and she does not know the legal impact it will have. Interim City Attorney Goren said the issue regarding contributing salaries from individual people is for a recognized purpose and is not public money. Regarding the use of the public facility, and to allow the use of the facility to the exclusion of others may bring about other challenges. Mayor Schreiber said under the law it is difficult for the City Commission to do what it wants to do. Everyone feels they want to help; advertisements have gone out for people to bring money to city hall and it will be directed in the manner requested by the donors. Employees can do something on their own, but we are restricted from spending public funds. It is also impractical to use the Tamarac Community Center for such purpose. Commissioner Portner asked if we are impeded from taking $75,000 and donating it to the United Way, and Interim City Attorney Goren said the Mayor and City Commission currently makes contributions from the general fund to charitable organizations that support residents in the city. These organizations also benefit the county as a whole. We will be on stronger legal ground to make donations to organizations that operate in the city and the county than those organizations that operate outside the city. It is less subject to challenge to make donations to local organizations with national connections. There is already precedent in the city whereby we make these types of donations. At the end of the day the disposition of these funds may be sent to the Gulf Coast. Mayor Schreiber asked if we provide money to the United Way and indicate they must use it for a particular purpose for New Orleans or Mississippi, will we be back at square one? September 6, 2005 Special Commission Meeting 5 Interim City Attorney Goren said if we designate a destination of the funds it re -opens the door for challenge. Interim City Attorney Goren added there are cities in Florida making direct contributions, but he does not represent these cities. Interim City Attorney Goren said he is obligated to Tamarac to be truthful about analysis and strict interpretation of the Florida Constitution and Statutes. The Mayor and City Commission are public, elected officials open to scrutiny. It is his obligation to make sure when the grading occurs the Mayor and City Commission has made the right decisions. Vice Mayor Flansbaum-Talabisco said she would like to start with an employee contribution program, which she will spearhead and write the first check. The total donation could be made on behalf of the employees of the City of Tamarac, if the Mayor and City Commission are in agreement with the suggestion. Mayor Schreiber asked if a specific amount would be indicated or this would be optional for each employee. Vice Mayor Flansbaum-Talabisco said it would be optional. Vice Mayor Flansbaum- Talabisco said she looks to staff to get the information necessary to start the program, and reiterated the county has a similar program. City Manager Miller said it would have to be a voluntary program, similar to the county program, which allows employees to dedicate vacation, administrative or sick days. If this is the direction of the Mayor and City Commission, staff will look into the program. Mayor Schreiber said the money is needed now. City Manager Miller responded the donations will be turned into money and the city will administer the program and donate the money as the Mayor and City Commission sees fit. Commissioner Roberts asked if some evacuees were relocated to our community, could Tamarac pay the hotel bill if the hotel were located in the city. Interim City Attorney Goren said possibly yes, but it must be within the city limits. Commissioner Roberts said she found out before today's meeting that Coral Springs is participating in a food drive, and perhaps that would be better for our residents than giving money. City Manager Miller said at this point in time after hearing from FEMA and the other relief organizations, it is better to provide cash now, and later when they have figured out exactly what is needed, e.g., workers, food, surplus equipment, we will be notified. For now, it is better to stay with cash donations. September 6, 2005 Special Commission Meeting 6 Commissioner Sultanof agreed and said money is funneled to the Salvation Army and other relief organizations because they have the mechanics to put it to the best use. Fire fighters were out this weekend collecting money in their boots; people are also soliciting at the stores, such as Wal-Mart and Publix, and the City of Tamarac needs to have the infrastructure to do these things. Some Tamarac staff would help; all of us would help. Kings Point Clubhouse has a large Red Cross table with a container and people are giving money. We need to gather money from every source possible. Money will speak quickly. Commissioner Sultanof said he agrees with Vice Mayor Flansbaum-Talabisco, the employee donations should be voluntary, and there is also the upcoming "Taste of Tamarac" during which donations can be collected. City Manager Miller confirmed that the suggestion is for staff to help on a voluntary basis from time to time and during special events. City Manager Miller said we have the unions to deal with, but if staff is doing this on a voluntary basis, it can be accomplished. Commissioner Portner gave a personal check to Finance Director Chapman in the amount of $200.00 made payable to the City of Tamarac, for the hurricane fund. Vice Mayor Flansbaum-Talabisco asked about an expression of interest to have staff gather the necessary information and start the employee fund. City Manager Miller said steps can be taken if this is the direction of the commission as long as it is clear this will be strictly voluntary on the part of the employees. Staff will institute the necessary steps. Commissioner Portner asked how we would be able to find out if there are rooms available in local hotels for evacuees. Vice Mayor Flansbaum-Talabisco asked what the next steps would be if there are hotel rooms available. Interim City Attorney Goren explained if the commission desires to do something like that they must set parameters of the city's contribution to help evacuees who become Tamarac residents, as well as how this operation will move forward. Commissioner Portner asked if it would be wise to stipulate a certain amount of days for housing. Vice Mayor Flansbaum-Talabisco added if nurses need to come to Tamarac to look for work we can house them for a stipulated number of days while they look for jobs. Commissioner Portner said he is not as concerned with nurses coming to Tamarac looking for work as much as he is concerned with the evacuees who have nothing and have no skills. He has seen devastation many here today have not seen. Commissioner Portner said we must realize what it is to be without; and we must realize September 6, 2005 Special Commission Meeting 7 some way to help these people; we must act immediately and move forward. Ten people can be housed in the Tamarac Community Center and we can bring in portables and feed them. This country was built on doing; now, not tomorrow. This is our country; we help everybody else we should help our own. Mayor Schreiber said as elected officials it is our obligation and responsibility to do things within the law. Government agencies are addressing these problems, and everybody is doing what they can to help. We can not just jump in and solve the problem. We do care; but we want to do what is legal and proper. We are taking the first steps by instituting the employee program for funds as well as events to solicit funds. Multiply this by cities in the county, the state and across the nation. What anyone wants to do privately, they can do. Our city attorney tells us what is proper and what is not, and we realize as elected officials we have limitations as to what we can do with taxpayer's money. Vice Mayor Flansbaum-Talabisco seconded by Commissioner Roberts moved authorization of staff to develop a voluntary employee leave donation program with funds going to the United Way. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", and Mayor Schreiber "yes". Motion carried. Vice Mayor Flansbaum-Talabisco seconded by Commissioner Roberts moved the drafting of a resolution asking Governor Jeb Bush to abate the gas tax for 60 days. On roll call Commissioner Roberts voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", Mayor Schreiber "yes", and Commissioner Portner "yes". Motion carried. Commissioner Roberts asked, with regard to the previous motion for employee donation of days, what would happen if someone already had vacation days scheduled and could not afford to give a day's pay but wanted to make a donation. Finance Director Chapman said that person could write a check. Vice Mayor Flansbaum-Talabisco said this gives us a chance as a community of people who .work for Tamarac to show residents what we've done. Mayor Schreiber asked what else can be done to help. Chief Budzinski said in the past the Mayor and City Commission endorsed participation under a statewide mutual aid plan and if Tamarac gets a request for resources on short notice, he would ask for a commitment from the Mayor and City Commission to support the need and deploy whatever resources are available at the time. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved commitment from the Mayor and City Commission to support the City of Tamarac's participation in statewide mutual aid and provide the need for resources when required. September 6, 2005 Special Commission Meeting 8 1 I Chief Budzinski said the statewide plan has been extended beyond services. There was discussion regarding surplus equipment and Finance Director Chapman suggested the motion include surplus equipment the city may have available. Vice Mayor Flansbaum-Talabisco asked that this also include computer equipment. Finance Director Chapman said there would be a hold placed on auction of all surplus equipment for the time being to enable us to respond to future requests for provision of needed services and equipment in the affected areas. City Manager Miller clarified the motion, as amended. Interim City Attorney Goren said he would revisit the surplus equipment action already addressed and abate the auction. Commissioner Roberts seconded by Commissioner Portner moved to amend the previous motion made by Commissioner Sultanof and seconded by Vice Mayor Flansbaum-Talabisco, said amendment to be as follows: Motion to authorize the city to implement the state emergency plan and to include surplus equipment. On roll call Vice Mayor Flansbaum-Talabisco voted "yes", Commissioner Sultanof "yes", Mayor Schreiber "yes", Commissioner Portner "yes", and Commissioner Roberts "yes". Motion carried. Commissioner Portner distributed information to the Mayor and City Commission for discussion at the next workshop meeting. There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the Special Commission Meeting at 12:18 p.m. _ -MARION.SWENSON, CMC CITY CLERK September 6, 2005 Special Commission Meeting 9 E SdH EIBER, MAY R