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HomeMy WebLinkAbout2005-01-24 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, JANUARY 24, 2005 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, January 24, 2005, at 9:30 a.m. in Room 105, Tamarac City Hall, 7525 NW 88th Avenue. PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. Mayor Schreiber led the pledge of allegiance. Mayor Schreiber acknowledged State Representative Ari Porth who was in the audience. Representative Porth said his office is located at 1300 Coral Springs Drive and he and his staff are always easily accessible. 1. JANUARY 26, 2005 AGENDA ITEMS: a. Item No. 6(g). INITIATING EMINENT DOMAIN PROCEEDINGS FOR PUMP STATION: (TR10618) Acquisition of private property through negotiated conveyance or eminent domain serves a public purpose and is necessary for the improvement, maintenance and operation of a pump station for drainage and flood control purposes; authorizing the appropriate city officials to initiate eminent domain proceedings; authorizing the appropriate city officials to retain expert witnesses and consultants and take further actions that are reasonably required to acquire the property described in Exhibit A. City Attorney Kraft, Assistant City Attorney Steinerts, Public Works Director Strain, and Attorney Mitchell Burnstein appeared. Assistant City Attorney Steinerts gave a presentation and indicated the city entered into good faith negotiations with the owner of the property, but to no avail; the next step is possible eminent domain proceedings. Mayor Schreiber asked how long the proceedings would take and Attorney Burnstein replied if we moved forward today with a quick take petition for eminent domain it would take about three to four months. Vice Mayor Sultanof questioned how a property value is established under eminent domain proceedings and Attorney Burnstein explained that each side would retain an appraiser and if the appraisals were not close then the issue would go to mediation or possibly jury. Commissioner Roberts questioned whether we can assess the owner for maintaining the property if we do not own the property and Assistant City Attorney Steinerts explained it is in the city files that it was intended for the property to be turned over to the city for a public use; it is our pump station and our responsibility to maintain it. Mayor Schreiber asked if the owners have paid taxes on the property and City Attorney Kraft replied they took ownership through a tax sale in 1994. Commissioner Portner January 24, 2005 City Commission Workshop Page 1 of 8 asked if the city spoke with the owners and made a counter offer, and Assistant City Attorney Steinerts said the owners have been contacted but they did not entertain any of the city's offers. The owners asked for $1 million for under one acre of property. Commissioner Portner asked for an explanation of eminent domain and questioned whether an appraisal is necessary. Attorney Burnstein explained it is the power of government to take private property for a public purpose; the process is addressed in F.S. Chapters 73 and 74. Attorney Burnstein spoke about the process and said the petition puts the owner on notice, and while the steps are being followed we will still try to negotiate a purchase price. Mayor Schreiber asked if a request for an action of eminent domain could be rejected by the court and Attorney Burnstein said it could. Commissioner Flansbaum-Talabisco asked how much Attorney Burnstein thought the property would end up costing the city and Attorney Burnstein said he did not know; we have not yet gotten to that point. b. Item No. 6(f). MAINTENANCE EASEMENT — PARKER HG, INC—SABAL .... PALM GOLF COURSE PROPERTY: (TR10619) Executing a "City of Tamarac Maintenance Easement" with Parker HG, Inc. for the maintenance of canals and drainage ditches located within the Sabal Palm Golf Course property; authorizing and directing the City Clerk to record said document in public records of Broward County. City Attorney Kraft, Assistant City Attorney Steinerts and Public Works Director Strain appeared. Assistant City Attorney Steinerts said this maintenance agreement for a maintenance easement will allow us to legally go onto the property to maintain the canals and deal with drainage issues. Mayor Schreiber asked about the owner and Assistant City Attorney Steinerts said the present owners have owned the property just over one year and once the attorney for the owners got involved things progressed much smoother. Commissioner Portner questioned the staff memorandum regarding an existing easement and Public Works Director Strain said it is a utility easement. Commissioner Portner questioned the fact that the grantor may terminate without cause and asked if the city argued that clause. Assistant City Attorney Steinerts explained it is not the city's property; it is the owner's property right to have that clause as part of the agreement. City Attorney Kraft explained we have been a long time getting to this point and this agreement brings to fruition what the Mayor and City Commission want to do. This is the best contract we could bring to the Mayor and City Commission and as quickly as we could. Commissioner Portner added he felt the clause should be 'termination for cause'. Mayor Schreiber agreed this was the best contract that could be created for the easements. Commissioner Roberts confirmed that Commissioner Portner would rather see the termination clause in the contract 'with cause' than 'without cause'. Vice Mayor Sultanof explained that without cause is legalese that protects the property owner and it is contained in most agreements. C. Item No. 6(c). CHANGE ORDER —PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE,__ INC.: (TR10616) Executing Change Order Number 1 to the agreement between the City of Tamarac and Prestige Property Management and Maintenance, Inc. for the inclusion of Caporella Park, Veterans Park, Sunset Pointe Park, the Tamarac Community Center and park parcels on NW 61't Street and NW 77t" Street; authorizing an additional annual expenditure in an amount not to exceed January 24, 2005 City Commission Workshop Page 2 of 8 $40,536 for said purpose. Public Works Director Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director Strain explained this is for maintenance of Parks and Recreation properties. During the bid process and the new contract these properties were inadvertently omitted; however, prices were quoted to Parks and Recreation for maintenance of their properties. In discussion with the vendor it was agreed they would give us a 14% discount for the three year contract to include the properties as part of the larger contract. Vice Mayor Sultanof spoke of maintenance for rights -of -way that are chopped up due to illegal parking on the areas and whether the cost to repair and re -sod was part of the agreement. Mayor Schreiber and Public Works Director Strain said these types of repairs are not included in the contract. d. item No. 6(b). SURPLUS EQUIPMENT: (TR10621) Declaring certain equipment as surplus and directing that certain computer equipment be disposed of via donation to Challenger Elementary School, Millennium Middle School and Touchdowns4Life Charter School. IT Director Sucuoglu and Purchasing/Contracts Manager Glatz appeared. IT Director Sucuoglu said 50 PC's have been replaced and the used PC's are normally disposed of through auction. This year, at the direction of the Mayor and City Commission, local schools were contacted to see if they had an interest in the equipment, and 30 of the 50 PC's will be given to three Tamarac schools; ten each to Challenger Elementary School, Millennium Middle School and Touchdowns4Life Charter School. Mayor Schreiber asked about the value of the units and IT Director Sucuoglu said at auction they sell for $25.00 - $40.00 per unit. Vice Mayor Sultanof said the City of Tamarac and schools have a partnership and this is a good gesture on our part. There may be other equipment the city wishes to dispose of that the schools can use, perhaps sound equipment, and suggested that Commissioners Roberts and Flansbaum-Talabisco send letters asking if the schools are interested. Commissioner Flansbaum-Talabisco asked Purchasing/Contracts Manager Glatz to see what equipment we have available before she sends out letters. e. Item No. 6(d). TAMARAC FIRE RESCUE LIFEPAK PURCHASE: (TR10606) Purchasing from Medtronic Emergency Response Systems, a sole source provider, two (2) Lifepak 12 Biphasic Cardiac Defibrillators and Monitors with related accessories at a cost of $45,272.50; six (6) Mobile Battery Service Stations at a cost of $10,170.00; five (5) Extended Life Displays with software and new keypad for existing Lifepak 12'S at a cost of $9,524.25; for a total cost of $64,966.75. Chief Budzinski, Division Chief Sheridan and Purchasing/Contracts Manager Glatz appeared. Chief Budzinski said this is for two new defibrillators to replace outdated models used by the paramedics, plus accessories. Commissioner Roberts questioned the cost and Chief Budzinski explained it is for the two defibrillators. Commissioner Portner asked for clarification of information sent directly to the hospitals and the response time. Division Chief Sheridan said there is an almost immediate response from the physician at the hospital and Chief Budzinski added that these units are used in conjunction with radio and mobile phones to speak to the physicians. Chief Budzinski stated that St. Malachy church installed two units donated by a member of the parish through the Firefighters' Charitable Foundation. The equipment is starting to come into the community. Commissioner Portner asked how clubhouses could get the equipment and Chief Budzinski said it could be January 24, 2005 City Commission Workshop Page 3 of 8 purchased or contributed by individuals. Additionally, Dr. Ulin, our medical director, has volunteered to oversee the AED's for any business or clubhouse in Tamarac. All they have to do is contact the fire department. Commissioner Portner asked about discounted prices if several clubhouses got together to purchase equipment and Chief Budzinski said it could be negotiated. f. Item No. 6(h). REFUNDING SEWER FEES—WOODMONT COUNTRY CLUB: (TR10620) Approving the refunding of wastewater charges in the amount of $10,951.06 to Woodmont Country Club accrued between February 2001 and May 2004. Deputy City Manager/Interim Finance Director Cernech explained the reason for the request to refund the fees and reviewed the parameters set out in the code. The new owners of Woodmont Country Club audited their books and found the discrepancy. The city has already refunded three months' worth of fees as is provided for under the City Manager's jurisdiction in the code and now turns to the Mayor and City Commission for approval for the remainder of the refund. Commissioner Roberts thanked staff for being human and admitting to an error and praised Woodmont Country Club's auditing system. Mayor Schreiber added it was an honest mistake which should be corrected. Mayor Schreiber called for a recess at 10:20 a.m. and reconvened the workshop meeting at 10:35 a.m. 2. PRESENTATION AND DISCUSSION OF THE CITY'S CONVERSION FROM USE OF CHLORINE TO CHLORAMINE FOR DISINFECTION OF DRINKING WATER: Utilities Director Gagnon and Laboratory Manager Oney appeared. Utilities Director Gagnon introduced Laboratory Manager Oney and said she is on the Water Service Quality Committee and co-authored a manual of water safety practices which is used throughout the world. Laboratory Manager Oney gave a presentation. Mayor Schreiber asked how soon it would take affect and Laboratory Manager Oney said it would begin Wednesday. Utilities Director Gagnon spoke of notifying appropriate parties, e.g., pet stores and dialysis labs in Tamarac about the change since it would affect those users. Vice Mayor Sultanof questioned the amount of bleach in the water and Utilities Director Gagnon said it is about 4 parts per million. Mayor Schreiber asked about the cost and Utilities Director Gagnon said there would be an increase due to the addition of another chemical. Vice Mayor Sultanof asked about affects as a result of sending the water through the treatment plants, and how it will affect the aquifer. Utilities Director Gagnon said it does not increase water withdrawal from the aquifer nor does it affect treatment of wastewater. There was discussion about use of the water in fish tanks. Vice Mayor Sultanof asked if hospitals were notified and Laboratory Manager Oney said they were. Commissioner Roberts asked if only pet shops that use Tamarac water were notified and Laboratory Manager Oney said this is correct. Mayor Schreiber suggested placing a notice in the newspaper, and Vice Mayor Sultanof agreed it would be a good idea to place a notice in the Sun -Sentinel. Vice Mayor Sultanof asked how much a notice would cost and City Clerk Swenson said $300-$400. There was discussion about disintegration of black toilet valves due to the chloramines and Utilities Director Gagnon explained the suggested change to the red rubber valves. Commissioner Roberts asked whether the water would be affected by a boil water order due to a pipe break January 24, 2005 City Commission Workshop Page 4 of 8 since the chloramines are not removed by boiling water, and Laboratory Manager Oney said boiling water is for bacteria and does not involve chloramines. Utilities Director Gagnon explained all employees involved in answering phones in the City have been trained to answer questions the public may have regarding this process. 3. DISCUSSION REGARDING HOLIDAY SIGNAGE AT THE TAMARAC COMMUNITY CENTER NEXT HOLIDAY SEASON: Mayor Schreiber explained he received many complaints regarding the fact that there was no 'Merry Christmas' signage at city facilities. Commissioner Roberts said she has lived in Tamarac for 24 years and does not remember ever seeing Merry Christmas signage on city property; the menorah and tree are two basic symbols. Vice Mayor Sultanof said happy holidays or seasons greetings covers everything. Commissioner Portner added this country was founded on the Judeo/Christian theme and Christmas is a Christian holiday; things have become too politically correct and people are afraid to say anything that may offend anyone. He, in particular, likes to say Merry Christmas and he has no problem with putting up similar language during the season. Additionally, since we put up a menorah and tree, why not put up a manger? Commissioner Flansbaum-Talabisco said being half Jewish and half Christian she would like to see a compromise and asked staff to research how to wish all religions a happy holiday. It could be extensive, but there must be a way to do it. City Attorney Kraft explained that the rules by which holiday displays are governed are not new and unique to Tamarac. They fall under the first amendment and we cannot promote one religion over another. The Supreme Court said the menorah and tree are sufficient, and what we have now is proper and legal under the first amendment. City Attorney Kraft added it might be worth looking at something all inclusive but we must be careful not to promote one religion over another. Mayor Schreiber agreed that in keeping with the Supreme Court ruling we should do what is permissible; the tree and menorah. 4. DISCUSSION REGARDING GUIDELINES FOR LOCATION OF COMMUNITY RESIDENTIAL HOMES: Commissioner Roberts said a number of homeowners questioned community residential homes, which is why she wanted this brought up at today's workshop meeting. Community Development Director King explained community residential homes follow requirements set out in Chapter 419, F.S. There are restrictions as to the number of unrelated individuals residing in the homes as well as the distance between homes. The homes are licensed through the state and other jurisdictions. There are four community residential homes currently located in the City of Tamarac, specifically in the Sunflower/Heathgate section. Two are under review; one in Woodlands and one along McNab Road east of Pine Island Road. Mayor Schreiber questioned whether the City of Tamarac has an occupancy code that limits the number of people allowed to reside in a house, since older residents pass on and the homes are sold to younger residents who move into a home with larger families. Community Development Director King explained the zoning code defines a single family residence as six or fewer non -blood related individuals, and this complies with state statutes; the city cannot be more restrictive than the statutes. City Attorney Kraft said the matter could be looked into. Vice Mayor Sultanof asked if the homes under DCF could include housing of children, medical caretakers and support staff, and furnishing of food. January 24, 2005 City Commission Workshop Page 5 of 8 Community Development Director King responded in the affirmative. Vice Mayor Sultanof spoke of people moving into condominiums under HUD and the 80/20 ruling and bringing in children; in particular the St. Andrews Nob Hill Condominium that started out as rentals and now is changing to condominiums. City Attorney Kraft and Commissioner Roberts said this is a separate issue. Commissioner Portner confirmed that there is no restriction on the number of related people living in one house and Community Development Director King said that is correct. Commissioner Roberts confirmed that there is no basic law or restriction to one person per bedroom, and added some bedrooms in the Sunflower/Heathgate community are very small. Commissioner Roberts said the residents in the Sunflower/Heathgate community are upset since currently all four of the residential homes are in this community and there are traffic concerns, and asked if there is anything the city could do to limit the area so the homes are not all in one development. Community Development Director King responded as long as they meet the distance requirement criteria there is nothing the city can do; however, he will look into the matter with the City Attorney's assistance. 5. DISCUSSION REGARDING DONATION TO THE U.S.A. NETBALL ASSOCIATION IN THE AMOUNT OF 1 000.00: Commissioner Portner asked for support for a donation to the U.S.A. Netball Association. Parks and Recreation Director Margoles spoke of an in -kind contribution which would allow the association use Tamarac facilities for the trial games, which would come to about $1,700.00 based on approximately 27 hours at $65.00 per hour. Mayor Schreiber said it was his understanding that city officials tried to contact the netball association to no avail. City Manager Miller explained that after his briefings with the Mayor and City Commission on Wednesday and Thursday last week the city was able to contact them. Vice Mayor Sultanof left the meeting at 11:20 a.m. and returned at 11:22 a.m. Commissioner Portner withdrew his request for a cash donation in lieu of an in -kind contribution. Commissioner Roberts asked if there would be a conflict with the TAF league and Parks and Recreation Director Margoles said there would not. Parks and Recreation Director Margoles recommended they use the Multi -Purpose Center gym, and she did not have the exact dates it would be needed yet. The netball association may want to use the gym during the day, which would than cause a conflict with the school's use. Mayor Schreiber said if they want to use the facility at no charge, they will have to conform to the times the facility is available. Commissioner Flansbaum- Talabisco asked when the trials are scheduled and Parks and Recreation Director Margoles said the last week in February and the first week in March. Commissioner Flansbaum-Talabisco asked where the netball association is located and Parks and Recreation Director Margoles said Oakland Park; she has been in contact with them through e-mail. Commissioner Flansbaum-Talabisco asked if other cities are offering support and Parks and Recreation Director Margoles said she did not know. Commissioner Roberts also asked what other cities are doing, and noted the request was sent by the Broward League President, Lauderdale Lakes Commissioner Hazelle Rogers. Mayor Schreiber indicated the backup the commission received indicates there are entry fees, and questioned why the association could not afford to pay for the use of January 24, 2005 City Commission Workshop Page 6 of 8 the facility. Parks and Recreation Director Margoles said there is no indication they cannot pay; her understanding is we were discussing a $1,000 sponsorship and the suggestion was to give an in -kind donation rather than cash as long as it does not inconvenience ongoing programs. Vice Mayor Sultanof agreed to an in -kind donation. Commissioner Roberts said she agreed with an in -kind donation instead of cash, but would first like to see what other cities in Broward County are doing before going to the next level. Commissioner Portner said it does not matter what other cities are doing; Tamarac could be first to make its donation and others could follow us. Commissioner Roberts said it is not the point that this city would follow any other city; many have not heard of netball and that puts up a red flag for her. Commissioner Portner said it is a form of basketball and there are 24 countries involved. Commissioner Roberts said she has not heard anything from Coral Springs, and the City of Tamarac does not donate to local sports leagues. Commissioner Flansbaum-Talabisco agreed there is nothing wrong with being thorough and doing our homework. Mayor Schreiber said it appears the commission is in favor of giving space in lieu of a cash donation but it would be wise to get information from other cities; if they are doing nothing it does not mean Tamarac cannot do something. Commissioner Flansbaum-Talabisco added there will be many girls coming to this corridor and the question then arises as to where they will stay — in our motels? Will there be a benefit to Tamarac? Vice Mayor Sultanof suggested contacting the president of the Broward League of Cities, Hazelle Rogers, for a breakdown of what is happening. Parks and Recreation Director Margoles said in order to waive the fees she will bring a resolution to the Mayor and City Commission. Mayor Schreiber suggested returning to the next meeting with information on the matter so the Mayor and City Commission can act on it. 6. DISCUSSION REGARDING PROCESS FOR ADDING ITEMS FOR CONSIDERATION DURING COMMISSION WORKSHOP MEETINGS: Commissioner Flansbaum-Talabisco said this is the second time this issue has come before the Mayor and City Commission and she believed it would help the Mayor and City Commission to do a better job and be more effective. Assistant City Manager Phillips explained the process used by the county and said there had been some previous discussion about organizing the agendas for workshops, particularly items brought forward by the Mayor and City Commission. Assistant City Manager Phillips distributed a memorandum from Management Intern Visser that outlined the Broward County Non -Agenda and Suspense List process, and added this may be something for us to consider. Commissioner Roberts said if the Mayor and City Commission do not want to discuss something or need more information they should say so and ask staff to look into the matter and bring it back in the future when the Mayor and City- Commission are prepared to discuss it. Commissioner Roberts said she did not feel the need for a policy. Additionally, at the end of the memo that was distributed to the Mayor and City Commission there is language stating that this is Broward County Commission practice, and the 'non -agenda and suspense list process is not found in the county code nor is it contained in any written policy'. Commissioner Roberts added that at the last workshop she asked that the residential community home issue be looked into and brought back to the Mayor and City Commission for discussion at today's workshop. Commissioner Flansbaum-Talabisco agreed, but added that historically this does not happen, and January 24, 2005 City Commission Workshop Page 7 of 8 asked why it could not be made into a policy; there are always extenuating circumstances that may come up, but she feels having a policy is a better way to run a business. Commissioner Portner said many times he thinks of something at a workshop meeting and when he brings up an item the Mayor and City Commission do not have to make a decision that day; it can be brought back at another time. Mayor Schreiber agreed and added if a general practice is adopted everyone will be more informed. Vice Mayor Sultanof pointed out language at the end of the agenda that says 'the City Commission may consider such other business as may come before it.' At the end of the agenda the Mayor and City Commission may bring up an item to be considered by staff. Mayor Schreiber clarified the matter by saying the point of this discussion is that at times someone brings up an item at the end of the agenda and there is discussion on the item whether the Mayor and City Commission are prepared to discuss it or not. City Manager Miller said the program the county follows makes a lot of sense; it makes it easier for everyone; on occasion there are emergency items or unforeseen matters that need to be talked about. For the most part, City Manager Miller said, it is better to have information available ahead of time. Commissioner Flansbaum- Talabisco stated that in light of today's discussion, she withdraws the request for a policy, but would like everyone to follow the practice that if an item is brought up at the end of a meeting there would be no discussion until the Mayor and City Commission are fully informed. All agreed. Commissioner Portner expressed sympathy to Commissioner Flansbaum-Talabisco on the passing of one of her dogs. Commissioner Portner asked about the donation for the Tsunami victims and a fund for widows of soldiers hailing from Tamarac. Mayor Schreiber said there is a nationwide movement to set up funding for soldiers' families, to make them whole when tragedy strikes. Commissioner Portner asked for a resolution asking the state government to institute a program to set up funding for widows of soldiers. Mayor Schreiber and Vice Mayor Sultanof agreed to a resolution. There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the workshop meeting at 11:50 a.m. Marion Swenson, CMC City Clerk I January 24, 2005 City Commission Workshop Page 8 of 8