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HomeMy WebLinkAbout2001-01-08 - City Commission Workshop Meeting MinutesCITY OF TAMARAC WORKSHOP MEETING CITY COMMISSION OF TAMARAC, FLORIDA CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, January 8, 2001, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, and Commissioner Marc L. Sultanof. ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant City Manager Tim Hemstreet, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. 1. January 10. 2001 AGENDA ITEMS: a. Item 7(c) GRANT AWARD & CONCEPTUAL APPROVAL AGREEMENT: (TR9234) Accepting a grant award and authorizing a Conceptual Approval Agreement between the City and Florida Communities Trust in the amount of $257,780 for reimbursement of a portion of the acquisition costs for the McNab Park parcel. Special Projects Coordinator Diane Phillips gave a presentation. Mayor Schreiber spoke about lack of activities in passive parks, and Special Projects Coordinator Phillips said passive parks may have grills, picnic shelters and playgrounds, but no ball fields. Commissioner Sultanof asked whether there would be a shelter and barbeque in the McNab Park parcel and Special Projects Coordinator Phillips responded. Commissioner Sultanof said this type of park is different than the nature parks, and suggested one of the City buses stop at the nature walk. Vice Mayor Roberts asked about bathroom facilities and the open field space. Parks and Recreation Director Margoles said there is open field space for unorganized play. Mayor Schreiber asked whether the park would have a skateboard rink, and Commissioner Portner asked if an equestrian trail is allowed. Parks and Recreation Director Margoles said there would be no skateboard rink or equestrian trail. b. Item 7(f) APPOINTING NINE (9) MEMBERS TO THE MASTER PLAN ADVISORY COMMITTEE: (TR9235) Appointing nine (9) members to the Master Plan Advisory Committee for a limited term to work with the consultant and staff on all aspects of the "Parks, Open Space, Recreation and Social Services Master Plan" project; providing for the election of a chairperson. Parks and Recreation Director Margoles gave a presentation and said the Committee is appointed for a limited term to advise staff and consultants of community input and suggestions. Commissioner Portner asked about the members' expertise and Parks and Recreation Director Margoles said they all have expertise in different areas and would be a conduit to the community. Commissioner Portner stressed that this is a large undertaking and a long- range project. January 8, 2001 City Commission Workshop 1 C. Item 7(g) AGREEMENT - INTERNATIONAL ASSOCIATION OF FIREFIGHTERS: (TR9245) Approving and executing the Agreement with the International Association of Firefighters, Local 3080 for the period from October 1, 2000 to September 30, 2003; authorizing the preparation of amendments to Chapter 16 of the City Code for consideration by the Pension Board; providing for the transfer of funds. Personnel Director Maria Swanson gave a presentation, explained the changes in the contract, and said there will be no DROP program. Mayor Schreiber asked whether there would be any detriment to the City if a DROP program were instituted, and Personnel Director Swanson and Fire Chief Budzinski responded and explained the cost to the City in future years. Commissioner Portner said a DROP plan is inconsistent with what the Firefighters want, and he would not vote for a DROP plan. Personnel Director Swanson introduced and commended Dorothy Cummings, Jim Budzinski, Amber Denny, Kristin McKew, and Bob Soloff, Labor Counsel, who participated in negotiations. Commissioner Sultanof commended all who worked on the contract and said they have done a fantastic job. d. Item 9 TELECOMMUNICATIONS - TERMS AND CONDITIONS: (TO1917) Motion to adopt Ordinance on second reading creating Chapter 5.6 of the City Code, entitled Telecommunications, Sections 1 through 16, providing the terms and conditions for the erecting, constructing, and maintaining of a telecommunications facility in the City's public rights of way for the provision of telecommunications service. Assistant City Manager Tim Hemstreet gave a presentation and introduced Kristin McKew, Assistant to the City Manager and Jorge Cruz Bustillo, Telecommunications Counsel of Liebowitz and Associates. Assistant City Manager Hemstreet said minor modifications were made to the Ordinance since its first reading on December 13, 2000. There was discussion about the language regarding restoration of property in rights -of -ways. City Attorney Kraft explained if an Ordinance is substantially changed between first and second readings the Commission would have to start over. Vice Mayor Roberts asked why the language regarding restoration of damaged property in rights -of -ways was not included in the first reading, and Mr. Bustillo said the language is legally sufficient and the performance bond was drafted so that if restoration is not made money can be drawn from the performance bond to cover the costs. It covers property that criss- crosses the right of way, not property outside of right of way, and the language could be amended at a later date. Mayor Schreiber asked how much more the amendment to the Ordinance would cost the City, and City Attorney Kraft said it could be done in- house. Assistant City Manager Hemstreet said industry's issues have been addressed and Mr. Bustillo said the two law firms that wrote letters to the City are present at today's meeting, and he does not expect other firms to attend Wednesday's meeting. Mayor Schreiber questioned Item 7(b) on the consent agenda. TRANSPORTATION IMPROVEMENTS TO RELIEVE TRAFFIC CONGESTION: (TR9236) Urging the Florida Department Of Transportation (FDOT) to fast -track the scheduling of proposed transportation improvements to relieve traffic congestion and delays on Commercial Boulevard between S.R.7/US 441 and Rock Island Road and to initiate completion of such improvements prior to December 31, 2001; providing for transmittal of this resolution to the Florida Department of Transportation (FDOT), Broward County January 8, 2001 City Commission Workshop 2 Transportation Planning Division and Florida Turnpike Authority. Mayor Schreiber said he was told by FDOT it would take 3 years to begin construction, but he would like to see it happen sooner, and suggested contacting State Representatives to move the project forward. Mayor Schreiber said the project manager told him if the County financed the project and then got reimbursed from the State, the State might be able to find a way to start sooner. City Manager Miller said he would forward a letter to the State Representatives. Vice Mayor Roberts asked if transportation money is available from the State and Mayor Schreiber said it is. Commissioner Sultanof spoke about adding State Road 441 to the mix, and Commissioner Portner said the three County Commissioners representing Tamarac should be approached. Mayor Schreiber said the Sunshine Law needs to be taken into consideration when meeting with the County Commissioners, and City Attorney Kraft suggested that Tamarac could request a joint workshop meeting with the County Commissioners, properly noticed by the City and the County. There was an expression of interest in holding a joint meeting. Mayor Schreiber questioned Item 7(d) on the consent agenda. FAGERSTROM PLAT - CASE NO. 9-P-00 - MF #02-96 (TR9214) Granting a Vacation of Easement of a ten foot (10') utility easement along the east property line within the Fagerstrom Plat located at the north side of Commercial Boulevard, west of University Drive; specifically Tract "A" of the "Fagerstrom Plat", according to the Plat thereof as recorded in Plat Book 164, Page 46 of the Public Records of Broward County, Florida; Case No. 9-P-00. Community Development Director King explained the reason for the vacation of easement request. Commissioner Portner asked why the easement was being reduced and Community Development Director King explained. Mayor Schreiber asked about the affect of loss of funds to the cost of the bonds and the overall cost of the project in Item 7(e) on the consent agenda. AGREEMENT - SENIOR CENTER PROGRAM AT THE TAMARAC COMMUNITY CENTER: (TR9243) Executing an agreement in the amount of $244,217, between Broward County and the City of Tamarac for a Senior Center Program at the Tamarac Community Center, Broward County's U.S. Department of Housing and Urban Development (HUD), Community Development Block Grant Program, 26th Year. Parks and Recreation Director Margoles explained that there was no affect on costs of construction. Mayor Schreiber asked to have the word "random" defined with regard to Item 8 on the regular agenda. REVISING THE CITY COMMISSION VOTING SEQUENCE: (TR9179) Motion to adopt resolution amending Resolution No. R-97-303, revising Section 2, Paragraph 9.2 of the Rules of Procedure of the City Commission, revising the City Commission Voting Sequence. There was discussion about the use of the word "random"; Mayor Schreiber asked why this resolution was proposed, and Commissioner Portner said for a more democratic method of voting. Mayor Schreiber said the Mayor always votes last. h. Commissioner Portner questioned Item 7(h) on the consent agenda. AGREEMENT - WESTWAY TOWING, INC. (TR9221) Executing an agreement with Westway Towing, Inc. for furnishing towing services for the City of Tamarac for a five year period beginning January 8, 2001 City Commission Workshop 3 January 1, 2001 through December 31, 2005 with an option to renew for an additional five year period for an amount of $37,500 annually and in accordance with RFP 00-14R. Commissioner Portner said he received several letters and information about alleged infractions regarding Westway Towing, Inc., and asked if that would interfere with the contract and whether more time is needed . to investigate the allegations. Purchasing/Contracts Manager Lynda Flurry said a full reference check was done on each company, and no further investigation was needed. 2. GRANT APPLICATION — RECORDS MANAGEMENT PROGRAM: (TR9142) Approving a grant application to the Florida Department of State in the amount of $10,000 for funding to design a records management program. Special Projects Coordinator Diane Phillips gave a presentation. Commissioner Sultanof said with the new technology available a study should be made regarding records storage and retention, and City Clerk Marion Swenson responded to questions from Commissioner Sultanof regarding microfilming and retention schedules. 3. CENSUS 2000: Community Development Director J. Christopher King gave a presentation and said Florida received two additional seats because of the population increase. Mayor Schreiber asked if the increase in population increased the revenue sharing from the State, and Community Development Director King said that would be based on the increase of each individual municipality. 4. CHARTER BOARD: City Manager Miller referenced a November 15, 2000 letter from the Charter Board, requesting more frequent recognition of Charter board members at events, and also asking for an opinion from the Commission as to whether they were to remain an elected Board or become an appointed Board. City Manager Miller asked if the Commission wanted him to draft a response to the Charter Board for Mayor Schreiber's signature on these two issues. Mayor Schreiber said it is incumbent upon the Commission to respond, and changes to the Charter Board must be done by referendum. Mayor Schreiber said Tamarac is the only City in the State with an elected Charter Board; other cities appoint a committee to review the charter and make recommendations. Vice Mayor Roberts said she would like the Charter Board's opinion about putting a referendum question to the public, and Mayor Schreiber suggested inviting the Charter Board members to a workshop to discuss the issue. Commissioner Sultanof said all the members of the Charter Board should be recognized at City functions, and Mayor Schreiber suggested making it a policy to recognize the Charter Board at functions, and asked the City Manager to send a response letter to the Charter Board and to schedule a joint workshop between the City Commission and Charter Board. City Manager Miller said he would make it a part of the next workshop meeting. 5. COMMISSION VACANCY: City Manager Miller reviewed past procedure regarding appointment to fill a Commission vacancy. Commissioner Sultanof questioned language in the previous advertisement regarding length of term, and City Attorney Kraft said the new ad should reflect that the appointment is until March 2002, and Commissioner Portner said the applicant must reside in the district when applying. City Manager Miller suggested the advertisement run for 10 working days and be January 8, 2001 City Commission Workshop 4 noticed two times in the newspaper. Vice Mayor Roberts asked that the advertisement also state the date and time of interviews. Mayor Schreiber asked for an expression of interest, and all were in favor. City Manager Miller said he would check the Commissioners' calendars before setting a date for the interviews. Vice Mayor Roberts said the Board of Directors of the Broward League of Cities was having a joint meeting with the Charter Review Commission on January 18t", and they had asked each City for input. City Manager Miller said staff could review the County Charter and report back to the Commission. Mayor Schreiber said Tamarac was being sued by the County and is subject to $10,000 in fines because of violations at the Tamarac Community Center where Dooley and Mack cut trees without a permit. Mayor Schreiber asked why Tamarac could not take control of permitting, removal and planting of trees. There was discussion about canopies and City Manager Miller said there is a cost attached to this, and it has been placed in the budget as a proposed program modification in the past. Commissioner Sultanof questioned how Tamarac could we take this out of the County's hands and then go to them for money for landscaping, City Manager Miller replied that there are conflicts and recommended that things stay as they are for the remainder of this budget year. Regarding the $10,000 fine, the subcontractor moved ahead faster than he should have and removed Seagrape Trees without a permit, but the subcontractor is liable and will have to pay. City Attorney Kraft said Dooley and Mack have claimed full responsibility for this matter. Commissioner Portner asked if the replacement trees need to be full grown trees, and Mayor Schreiber said if the City were in control this would not have happened. Vice Mayor Roberts said the County cut down trees on Pine Island Road without permission, and a single-family homeowner cannot replace one tree with several trees because in 20 years they would not all fit on the property. Mayor Schreiber asked City Manager Miller to review a request from the Student Nurses of Oskaloosa County for a proclamation. Mayor Schreiber spoke about newspaper boxes being a detriment to Tamarac's appearance, in particular, the northwest corner of Commercial Boulevard where there are 18 newspaper boxes. Commissioner Partner said this came up at the December 13, 2000 meeting at Satellite City Hall, and he believes the City Attorney has looked into the matter. City Attorney Kraft explained that newspaper boxes could be controlled while still protecting first amendment rights, and City Manager Miller said staff would put together a report for the Commission. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 11:10 a.m. ��;'.r,r,..,,.._•. MARION SWENS N', -WC, CITY CLERK January 8, 2001 City Commission Workshop 5