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HomeMy WebLinkAbout2009-01-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MONDAY, JANUARY 12, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the workshop meeting of the City Commission to order on Monday, January 12, 2009, at 9:30 a.m. in conference room 105, at Tamarac City Hall, 7525 NW 88t' Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Patricia Atkins -Grad, Commissioner Pamela Bushnell, Commissioner Diane Glasser, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance. City Manager Miller informed everyone of the passing of Assistant Director of Human Resources Dorothy Cummings, over the weekend, and said "Dodi" will be sorely missed, as she was an excellent employee, administrator, and appeared before this Mayor and City Commission several times. Those who wish to pay their respects may do so at Kraeer Funeral Home on North State Road 7. Visitation will be on Tuesday from 4:00 p.m. — 8:00 p.m., with services at 8:00 p.m. Condolences may be sent to the family through Human Resources. Mayor Flansbaum-Talabisco called for a moment of silence in memory of Ms. Cummings. Mayor Flansbaum-Talabisco said on Saturday morning she received a phone call from City Manager Miller, relaying the tragic news. Ms. Cummings will be missed Fire Chief Budzinski spoke of an article that appeared in the Palm Beach Post on Sunday, with regard to fire resistant pants worn by firefighters in accordance with NFP standards. An issue arose in Boca Raton, wherein a Boca Raton firefighter was feeling lethargic and rundown, and went through a multitude of tests. An elevated level of antimony, a heavy metal used as a fire resistant enhancer, was found. The metal is contained in the material of the pants the firefighters wear. There have been no complaints or claims in Tamarac. Palm Beach contacted the Center for Disease Control and asked Tamarac to participate in a study to determine if there is a problem with the pants. Tamarac will participate in the study, which the CDC wants to complete by the end of February. City Attorney Goren said the Chief is coordinating with the appropriate professional staff; there is no litigation pending. 1. Presentation regarding appropriation funding — 2010 Federal Legislative Session. Assistant City Manager Phillips and Val Gelnovatch, The Ferguson Group appeared. Assistant City Manager Phillips gave a presentation and spoke of projects we will put forward for the coming federal session. Our goal is to stick to the plan and continue to Workshop Meeting Monday, December 8, 2008 Page 1 of 6 leverage city and grant/appropriation monies. Commissioner Dressler asked for a clarification of the stimulus and Ms. Gelnovatch said the entire package is $800,300,000,000. TARP (Troubled Asset Recovery Program). Assistant City Manager Phillips spoke of the priorities for appropriation requests. With regard to the current SAFETEA-LU ACT (Transportation funds), it will be several years before we see monies moving through this Bill, and we can put the overpass project as well as the Main Street streetscape elements, bike path, park and ride facility into this schedule. Ms. Gelnovatch said these projects are not competing with our appropriation projects as they come through a different system, but Tamarac's projects are a good fit for this criteria. Commissioner Dressler questioned the time frame and Ms. Gelnovatch said staff had already worked much of this out and they intended to continue to finalize the numbers for Bills and earmarks. Commissioner Dressler spoke of the timing of the stimulus package and Ms. Gelnovatch spoke of hurdles in the Senate, as well as the tax implications that need to be flushed out; it is likely a Bill will be ready the within 30 days of the swearing -in ceremony. For FY10 we will want the Mayor to come to Washington in February or early March to communicate Tamarac's priorities. Senator Debbie Wasserman -Schultz is one of Tamarac's best assets in Washington. Assistant City Manager Phillips added our plan is to continue to try leveraging dollars. We replaced the radio system last year as a lease/purchase. The total cost over three years is $550,000; the state gave us $200,000 this year. We will try to get funding through the federal government to offset the cost, and we were granted the $200,000 prior to the Speaker of the House saying there would be no more money for municipalities this year. Commissioner Dressler questioned the Main Street revitalization source of funding and Ms. Gelnovatch responded it may be from the federal stimulus for FY09 and FY10 appropriations. Assistant City Manager Phillips explained this would be just for phase I with a focus on water lines and streetscape. Commissioner Dressler said the solar panel retrofit of city buildings is inefficient from a fiscal standpoint, and Assistant City Manager Phillips said it is very costly at a total of about $800,000 for all our buildings. We are putting it forward as an appropriation request. Commissioner Dressler spoke about the park and ride as it pertains to intermodal transportation. Ms. Gelnovatch said there is a specific home for this funding if the garage links to other forms of transportation (i.e., bike ways or bus routes.) Commissioner Bushnell asked if there is a known dollar figure being worked on and if the projects are driven by category or dollar amounts. Ms. Gelnovatch said there is always the possibility the funding will be less. Assistant City Manager Phillips added it is a combination of category and money. The overpass is a first priority with $600,000 already promised and we need the balance of the funding to complete the project. The second priority is the radio system because we have promised funds. The water and/or streetscape, if we get a portion of the funds we can do the work in phases. We have a measure of control. In addition to funds for utility related improvements, we have some money put away. There is flexibility to this; we will put these things forward as priorities, but if the funding for water funding is available, we will accept that. Commissioner Glasser expressed concern with the current financial climate, and spoke of funding for cities tying in to providing employment opportunities for people, and she said she does not know where all these little projects will go or how many people we will be using. The government wants to get people off unemployment and wants them to go into the stores and purchase things. Assistant Workshop Meeting Monday, December 8, 2008 Page 2of6 City Manager Phillips said that is one of the things being asked and one of the things we want to outline in our projects when we get to Washington. The projections for Main Street for immediate construction will create about 40 jobs. Once developed, the impact will be over 750 jobs. Vice Mayor Atkins -Grad said Ms. Gelnovatch keeps the Mayor and City Commission very well informed, and questioned the status of the radios. I.T. Director Sucuoglu said this is replacement of infrastructure and the work is half done. Ms. Gelnovatch spoke of the criteria for the Stimulus Bill funding: job generation, whether the funds can be spent immediately, and whether the states can come up with an action plan within 180 days. The projects we are looking at for the Stimulus Bill are as follows: solar panels, main street infrastructure, infiltration and inflow reduction, wastewater pump station renewal, LED streetlights, water recovery projects, bikeways/walkways, and virtualization of data center/desktops. Commissioner Dressler questioned whether there will be restrictions in the Stimulus Bill for spending in U.S. companies only, because he is concerned that the biggest manufacturers of solar panels are in China. Ms. Gelnovatch said she has seen such restrictions in writing, but there have not been provisions like that in the Stimulus Bill. Commissioner Bushnell said it is almost impossible to make such a limitation. Commissioner Glasser questioned whether the federal government will give the money directly to the cities and Ms. Gelnovatch said the U.S. Conference of Mayors is making a strong advocacy push for transportation money to be allocated to the state through the Surface Transportation Program. Mayor Flansbaum-Talabisco referenced the U.S. Conference of Mayors, who is on board with monies coming directly to the cities. Commissioner Dressler questioned whether the wastewater pump station renewal is different from the water treatment plant and suggested asking for additional monies for the project. Mayor Flansbaum-Talabisco said she and Director of Utilities Gagnon sit on the Water Task Force and there have been discussions regarding regionalization of the osmosis technology and water reclamation. The issue is timing. Vice Mayor Atkins -Grad left the room at 10:45 a.m. and returned at 10:48 a.m. Director of Utilities Gagnon added we would not be able to get permitting within 18 months for an osmosis plant. 2. Item No. 6(b) on the Consent Agenda. EDI GRANT AWARD AGREEMENT: (TR11538) A resolution of the City Commission of the City of Tamarac, Florida, accepting FY2008 Special Project Grant No. B-08-SP-FL-0156 in the amount of $147,000 from the Department of Housing and Urban Development; authorizing the appropriate City Officials to execute a grant agreement between the Department of Housing and Urban Development (HUD) and the City of Tamarac for reconstruction of the Tamarac Recreation Center; providing for conflicts; providing for severability; and providing an effective date. Assistant City Manager Phillips, Val Gelnovatch, The Ferguson Group, and Director of Parks and Recreation Warner appeared. Assistant City Manager Phillips gave a presentation. Commissioner Bushnell asked the estimated cost and Assistant City Manager Phillips said it is over $3 million. Workshop Meeting Monday, December 8, 2008 Page 3 of 6 3. Item No. 6(c) on the Consent Agenda. DESIGN SERVICES FOR MEDIAN IMPROVEMENTS ON NOB HILL ROAD: (TR11527) A Resolution of the City of Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute an agreement with Corzo Castella Carballo Thompson Salman, P.A., for professional design services for median improvements to Nob Hill Road, from Westwood Drive to Southgate Boulevard, to include design for landscaping, irrigation, curbing and brick pavers within the medians for an amount not to exceed $45,800; authorizing budget amendments as needed for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. Public Works Director Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director Strain gave a presentation. Commissioner Glasser said on the SW corner of Nob Hill Road and McNab Road there is no handicap access ramp to the street. Public Works Director Strain said he would look into it. Mayor Flansbaum-Talabisco spoke of inadequate signage and lighting on the Turnpike exiting on Commercial Boulevard. Public Works Director Strain said he would contact the Turnpike Authority. 4. Item No. 6(d) on the Consent Agenda. SIDEWALK RESTORATION: (TR11529) A Resolution of the City commission of the City of Tamarac, Florida, authorizing an expenditure not to exceed $50,000 for sidewalk repair and replacement utilizing the Southeast Florida Governmental Purchasing Cooperative Agreement with Straightline Engineering Group; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; providing for an effective date. Public Works Director Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director Strain gave a presentation. Vice Mayor Atkins -Grad said we are doing a great job with the sidewalks. 5. Item No. 6(e) on the consent agenda. FIRST AMENDMENT TO CINGULAR WIRELESS PCS LEASE AGREEMENTA• (TR11537) A resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate city officials to execute first amendment to the PCS site lease agreement with new Cingular Wireless PCS, LLC, to amend the notices paragraph, and to relocate existing antennas located at one hundred feet to a new height of eighty eight feet on the cell tower located at the Water Treatment Plant. I.T. Director Sucuoglu and Purchasing/Contracts Manager Glatz appeared. I.T. Director Sucuoglu gave a presentation. Commissioner Dressler asked who regulates how we charge these companies and I.T. Director Sucuoglu said we started off with market based figures and adopted a 5% annual increase at that time. We are now at the high end of the lease values. Commissioner Dressler asked staff to look in to using the same pricing models as the wireless companies do, and City Manager Miller said staff would look into that, as it might well be time to survey the market and see how other cities are looking at it. Vice Mayor Atkins -Grad asked if we have fewer towers will that affect services and I.T. Director Sucuoglu said technology is shifting and we are moving from high towers to smaller cell sites. Mayor Flansbaum- Talabisco said Commissioner Dressler's suggestion can be filtered through the League of Cities to see what others are doing. Workshop Meeting Monday, December 8, 2008 Page 4 of 6 6. Item No. 6(h) on the consent agenda. TAMARAC RELAY FOR LIFE: (TR11543) A resolution approving a request on behalf of the American Cancer Society for in -kind support for the Tamarac Relay for Life event benefitting the American Cancer Society to be held at Tephford Park beginning at 6:00 p.m. on Friday, April 17, 2009, and ending on Saturday, April 18, 2009, at Noon. Director of Parks and Recreation Warner and Danielle Toms, Staff Partner and Community Representative for American Cancer Society appeared. Director of Parks and Recreation Warner gave a presentation. Mayor Flansbaum-Talabisco questioned the City's liability with regard to people spending the night at Tephford Park and City Attorney Goren said staff would be consulted regarding insurance requirements. Director of Parks and Recreation Warner said he has been in contact with Risk Management and we are working on the insurance requirements. The western end of the park, at the playground, is where the event will be contained and the ACS will have staff and volunteers on site. Mayor Flansbaum-Talabisco questioned security and logistics, and said she is in support of the event but she has concerns. Director of Parks and Recreation Warner discussed the logistics and security. Mayor Flansbaum-Talabisco said she would like more visual information. City Manager Miller suggested briefing for the Mayor and any Commissioners who wished on this matter. Mayor Flansbaum-Talabisco asked Director of Parks and Recreation Warner to address the issues at the commission meeting on Wednesday. Commissioner Dressler confirmed the item would be pulled from the consent agenda on Wednesday for discussion and then voted on separately. Commissioner Glasser questioned the security issue and Director of Parks and Recreation Warner said the ACS is to contract with the Sheriffs Department. Mayor Flansbaum-Talabisco asked that BSO Chief Duguay give a presentation Wednesday evening also. Vice Mayor Atkins -Grad suggested using the Linear Park for the event and Director of Parks and Recreation Warner said a contained area of a certain size is needed and the Linear Park does not lend itself to the requirements. Commissioner Bushnell asked haw many people typically walk and Ms. Toms said 300-400. 7. Item No. 7 on the regular agenda. RED LIGHT CAMERAS: (TO2170) Motion to adopt Ordinance on second reading creating Chapter 14.5 of the Code of Ordinances of the City of Tamarac to be called "the Tamarac Dangerous Intersection Safety Act"; and new Sections 14.5-1 through 14.5-15 providing for intent and definitions; establishing an enforcement program within the City; authorizing the City to permit and implement the use of unmanned cameras/monitoring devices for red light infractions; providing enforcement procedures, including notice, appeal hearings, penalties, imposition of administrative charges and collection; providing for exceptions; providing for codification; providing for severability; providing an effective date. City Attorney Goren gave a presentation. 8. UPDATE REGARDING TRAFFIC MAGISTRATE: City Attorney Goren gave a presentation on the status of the Special Magistrate issue and discussed Bills put forth by Senator Ring and Representative Porth. There is a $3.00 surcharge to be added to each violation which will go toward funding the Special Magistrates. At this point, we do not know what will occur in future years, but Senator Ring and Representative Porth are prepared to put this Bill back into the mix if necessary for next year. Workshop Meeting Monday, December 8, 2008 Page 5 of 6 9. DISCUSSION REGARDING FEDERAL STATUTE HONEST SERVICES AND MISUSE OF OFFICE ACT: City Attorney Goren discussed the above federal statute and said this came up due to the fact that a County Attorney for Leon County, FL has prepared a memorandum regarding the misuse of emails. The statute addresses gifts and third party relationships. Commissioner Dressler asked if the federal statute threshold for gifts is different than that of the state and City Attorney Goren said the Florida law regarding gift giving is well defined with regard to monetary values. The federal statute does not take the numbers into consideration. City officials must report any gift taken or given in excess of $100 value; if a gift is from a lobbyist it can not be worth more than $100. The microscope lens is much wider today than it has been in the past. If there is any question regarding gifts, the Mayor and City Commission and staff are encouraged to discuss same with the City Attorney's Office. The City's ethics compact is very clear. One can not accept any gift given to influence a decision. Commissioner Glasser said she has friends for many years who may give her a gift; and while the gift is not in conjunction with her work as a commissioner, these people may have business with the City. City Attorney Goren said it would have to be looked at carefully and it will be addressed on a case by case basis. Mayor Flansbaum-Talabisco said the rules are our friends and it is better to question the City Attorney when in doubt. If one is not sure, it is a good rule of thumb to just say no. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 11:45 a.m. Lle�d� Marion Swenson, CMC-- City Clerk 1 Workshop Meeting Monday, December 8, 2008 Page 6 of 6