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.
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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
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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
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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
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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
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