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
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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.
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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
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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
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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?
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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.
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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
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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.
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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
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