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HomeMy WebLinkAbout2008-02-11 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, FEBRUARY 11, 2008 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, February 11, 2008, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler. ABSENT: Vice Mayor Marc L. Sultanof. 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. 1. FEBRUARY 13., 2008 AGENDA ITEMS: a. Item No. 6(f) on the consent agenda. AGREEMENT BETWEEN THE CITY OF TAMARAC AND FERGUSON GROUP_ FOR FEDERAL LOBBYING SERVICES: (TR11348) Awarding LOI #08-07L and executing an agreement between the City of Tamarac and the Ferguson Group providing for Federal Lobbying Services for a two (2) year period. Assistant City Manager Phillips gave a presentation and spoke of the City's previous contract with the Russ Reid Company. In December 2007 the Commission directed staff to put out requests for LOI's, and as a result the Ferguson Group was chosen by the Mayor and City Commission. The Ferguson Group will work with the City on a broad based, long term project basis, which includes appropriations, earmarks and federal grant money. Commissioner Portner stated his objection to not having had the opportunity to interview all the applicants and asked if there were any firms that came in at less than $95,000. Assistant City Manager Phillips explained the proposals ranged from $67,000 - $120,000. Commissioner Dressler said the least expensive is not always the best choice, and Commissioner Atkins -Grad said she felt the Commission made the best choice with the Ferguson Group. Mayor Flansbaum- Talabisco asked when they would begin work and Commissioner Dressler asked if the Group had started assisting staff with the deeper and broader agenda. Assistant City Manager Phillips said they already started per discussions at the interview. City Attorney Goren explained the Ferguson Group works at its own risk, with no legal commitment until the contract is approved at Wednesday's meeting. Commissioner Atkins -Grad and Mayor Flansbaum-Talabisco thanked staff for working with the Ferguson Group to eliminate some of the original costs that were quoted. b. Item No. 6(c) on the consent agenda. PURCHASE OF REPLACEMENT VEHICLES: (TR11339) Purchasing replacement vehicles utilizing the Florida Sheriffs Association Bid 07-15-0827; authorizing an expenditure in an amount not to exceed February 11, 2008 City Commission Workshop Page 1 of 6 $46,428; declaring certain equipment as surplus and directing that equipment be disposed via sale through established internet markets to be selected; placing all proceeds into the appropriate fund from which the assets were originally purchased; authorizing budget transfers as needed for proper accounting purposes. Public Works Director Strain and Purchasing/Contracts Manager Glatz appeared. Public Works Director Strain gave a presentation and said one of the vehicles, a hybrid, will be used for code enforcement. Commissioner Dressler mentioned that there is a shortage of these vehicles due to so many cities ordering them for their fleet vehicles. Mayor Flansbaum-Talabisco said she would like an update on the tracking report after the first quarter of use. Commissioner Dressler said one important reason for the hybrids is the reduction in the carbon footprint, which is meaningful from an environmental viewpoint. C. Item No. 6(g) on the consent agenda. MUNICIPAL COMPETITIVE GRANT PROGRAM FUNDS FOR THE HURRICANE PREPAREDNESS AND TRAINING PROJECT: (TR11344) Submitting an application to the Florida Department of Community Affairs for Emergency Management Preparedness and Assistance Trust Fund (EMPATF) Municipal Competitive Grant program funds for the Hurricane Preparedness and Training project in the amount of $50,000 providing for a 2 to 1 cash and in -kind match of $100,270 in local funds for a total project cost of $150,270 in the event of approval of the application; providing for acceptance of the award and executing of documents upon approval. Deputy Fire Chief Schuldt and Special Projects Coordinator Gresek appeared. Special Projects Coordinator Gresek gave a presentation and listed the issues addressed in the grant application: CERT funding, EOC upgrades, Public Information Campaigns for bilingual hurricane brochures, and All Terrain Vehicle to assist people with special needs. Commissioner Dressler spoke of the possibility of our representatives in Tallahassee helping us to obtain this grant, and Assistant City Manager Phillips spoke of our lobbyists who assist on the state and local level. The Mayor and City Commission said they would like to hear more from our lobbyists, Mitch Ceasar and Ron Book, perhaps twice a year. Mayor Flansbaum- Talabisco spoke of door hangars after a hurricane, so those doing safety checkups will know at a glance whether households need assistance or they are doing well. Deputy Fire Chief Schuldt said he would look into the cost for the door hangars. Commissioner Atkins -Grad suggested inserting the door hangars into the Tam -A -Gram and Assistant City Manager Phillips said staff would look at the cost. Mayor Flansbaum-Talabisco asked staff to research door hangars and get back to the Mayor and City Commission with their recommendations. Commissioner Dressler said the two times door hangars would be advantageous are after a hurricane and during a pandemic. Commissioner Dressier suggested double sided door hangars to address both issues. Deputy Fire Chief Schuldt said we would need to train residents on when and how to use the door hangars. 2. DISCUSSION RE: ORDINANCE NO. 0-2007-18 — COMPREHENSIVE PROCEDURES FOR CITY COMMISSION MEETINGS — VOTING ORDER: Commissioner Portner clarified that while he voted no on first reading of this ordinance and yes on second reading he still does not agree with the voting order. Additionally, he does not understand why commissioners are limited to three items per agenda. City February 11, 2008 City Commission Workshop Page 2 of 6 Attorney Goren explained in meeting with staff, the intent was to take the prior resolutions and current information and coordinate a document for the Commission that is fair and clear. The ordinance was discussed at workshop meetings and came before the Mayor and City Commission twice prior to being adopted. City Manager Miller said the City researched various counties and cities in Florida as well as nationwide, to put together this ordinance, which the Mayor and City Commission considered. Every commissioner was briefed on the agenda, which is distributed several days in advance; if any commissioner has questions on an agenda, City Manager Miller is available to answer them; there is no attempt by staff to limit a commissioner bringing up anything which he/she wants to discuss at any time. Until today, there have been no concerns expressed about the number of items that can be placed on an agenda by any Commissioner. Commissioner Partner said he wanted to put four items on the agenda but he was told he was limited to three. City Manager Miller said these are Mayor and City Commission rules and procedures. Mayor Flansbaum-Talabisco said this was voted on and discussed at various workshops, and no issue was brought up. It is fair and equitable and there is a provision for emergency items to be brought up. Commissioner Dressler agreed three items are fair and reasonable; staff s job is to bring recommendations to the Mayor and City Commission, and the Mayor and City Commission have the ability to object to recommendations of staff. We have an ordinance in affect which speaks for itself. Commissioner Atkins -Grad said many cities have done the same thing. Commissioner Portner confirmed he had discussed the ordinance with the City Manager during his agenda review and he told the City Manager then that he was against it. 3. DISCUSSION RE: CITY CODE PROVISIONS RELATIVE TO REGULATION OF AGGRESSIVE DOGS AND HOUSE BILL 101: Commissioner Dressler spoke of a situation in one of his district's neighborhoods wherein a renter had a pit bull, and neighbors were afraid of the dog. To gain further information, Commissioner Dressler asked for a meeting with City Attorney Goren, BSO, Code Enforcement and Deputy City Manager Cernech. Two issues were discussed: HB101, which is an attempt on a statewide basis to define aggressive dogs, not by breed but by behavior and other characteristics. Commissioner Dressler said he feels it makes sense for the City of Tamarac to support HB101. Additionally, the question came up regarding the City of Tamarac ordinance, which is pit bull specific. At the meeting, BSO Chief Duguay had said BSO and management could do a better job educating and enforcing on the street level, improving communication between BSO and Code Enforcement, and coordinating with the City Attorney if it is deemed suitable. Commissioner Dressler said his personal belief and practice is never to initiate an item without consensus and cooperation of his colleagues. BSO Lt. Ulvang said this was discussed with BSO Chief Duguay and a detailed e-mail was sent outlining the ordinance. If an officer sees a pit bull he/she is to meet with the owner and forward the information to Lt. Ulvang, and he will forward the information to Code Enforcement, who will then meet with the dog owner(s) if they are in violation of the code. Mayor Flansbaum-Talabisco said this is an issue throughout the city, and asked how many pit bulls are in the City. Community Development Director Bramley said there are two registered. Lt. Ulvang said Tamarac's ordinance is unique but the public is not educated about it. Lt. Ulvang suggested sending the February 11, 2008 City Commission Workshop Page 3 of 6 information with the water bills, and Community Development Director Bramley said an article will appear in the next Tam -A -Gram. Mayor Flansbaum-Talabisco suggested educating the homeowner association presidents. City Attorney Goren discussed the history of our ordinance and spoke of Section 767, F.S., which says those cities whose regulations were in place before 1990 hold. Tamarac's ordinance went into affect prior to 1990; it is breed specific as to one breed, and specifies set regulations. HB101 takes Sec. 767.14, F.S. and deletes certain wording "no such regulation specific to breed". This is a statewide Bill. Commissioner Dressler said he would like an expression of interest to have a resolution drafted in support of HB101, better education on this matter for everyone, and strict enforcement. Mayor Flansbaum-Talabisco questioned regulation of animals at the dog park and Director of Parks and Recreation Warner said in most dog parks there is signage relative to no aggressive dogs being allowed in the park; but this is not a breed specific exclusion. Deputy City Manager Cernech added we are in the process of developing rules for the dog park regarding non -breed specific issues; if a dog misbehaves in the park it will be dealt with appropriately. Commissioner Dressler spoke of dogs that need to be muzzled and restrained, and City Attorney Goren said Chapter 767 contains a provision regarding dangerous dogs, which are deemed by the court as dangerous, and who must be muzzled and restrained and can not be in a dog park. Mayor Flansbaum-Talabisco asked for an expression of interest for a resolution in support of HB101 and all were in agreement. 4. DISCUSSION RE: OUTSOURCING OF UTILITY FUNCTIONS: Commissioner Partner, City Manager Miller and Utilities Director Gagnon appeared. Commissioner Portner said he and City Manager Miller spoke with the gentleman from DMA who appeared at the last workshop, but did not make a presentation. The company has a contract with the City of Hollywood for customer service operations and meter reading. Director of Utilities Gagnon gave a presentation and outlined the reasons it would be better for Tamarac to not privatize or outsource. Commissioner Portner said the reason he is looking at privatizing/outsourcing is for up front money. Commissioner Atkins -Grad left the room at 11:00 a.m. and returned at 11:02 a.m. Director of Utilities Gagnon explained the contract between the City of Hollywood and DMA. Commissioner Portner asked City Manager Miller to find out how much DMA would give the City up front, and the percentage they would give back to the City. City Manager Miller said in order to get that information we would need to write up a proposal. Commissioner Dressler said this sounds more like outsourcing than privatization, and explained many cities going through financial problems take people off their payroll and outsource those jobs. Commissioner Dressler said he accepted the data provided by Director of Utilities Gagnon and did not feel it necessary to outsource. Commissioner Dressler spoke of the time staff spends on issues they are asked to research by the Mayor and City Commission, and said staff is already laden with work, especially now during the hiring frieze, and Commissioner Dressler said he felt a consensus is necessary on any request to staff from a Commissioner that would require an inordinate or unreasonable utilization of staffs' time, which may impede something else they are working on for the Mayor and City Commission. Commissioners Dressler February 11, 2008 City Commission Workshop Page 4 of 6 and Atkins -Grad said they did not want to consider outsourcing the Utility functions. Mayor Flansbaum-Talabisco spoke of her previous business which involved outsourcing. Many times there are issues regarding staff, money or morale which made outsourcing a necessity. In general, her company tried to keep staff in tact, but it was not always possible. When outside people are brought in it creates questions and concerns among remaining staff. Commissioner Portner asked how much time would be involved to find out an answer to his question, and City Manager Miller said quite a bit as it involves a lot of work. There was discussion regarding whether staff would be kept in tact should the City outsource. Human Resources Director Swanson explained that typically private companies approach counties or cities and offer to take over a piece of the operation. They say they can do it cheaper because they can spread out the overhead. The contract in place in Hollywood now is not the same contract they started out with; additionally these companies tell the cities not to worry about the employees, they will take them all. While the pay may not be reduced, the company will not offer the package we offer and they (the employees) will no longer be part of our pension plan if they are working for a private company. Some employees will choose to leave due to conditions or benefits and in the end you will wind up with a different crew and a system different from the way we operate. The focus tends to be to fix things that are not broken here. Private companies are in the business to make a profit. City Attorney Goren agreed with Human Resources Director Swanson; when divisions are outsourced restrictions pertain to pensions. Mayor Flansbaum-Talabisco called for an expression of interest to outsource utility functions and Commissioner Atkins -Grad, Commissioner Dressler and Mayor Flansbaum-Talabisco said no. Commissioner Portner said yes and asked the City Manager to provide him with an answer regarding whether or not the City would save money outsourcing this function. City Manager Miller said he could only provide that information if a study is done. Mayor Flansbaum- Talabisco called for an expression of interest on whether there should be a consensus of the Mayor and City Commission before staff moves forward to research an item that will take up an inordinate amount of time. All were in favor. 5. DISCUSSION OF SALE/LEASE BACK FINANCING: Commissioner Portner and Finance Director Steven Chapman appeared. Commissioner Portner said he had, in the past, inquired about moving City Hall to 57th Street or selling City Hall and leasing it back. At the end of the lease period the building is bought back. Mayor Flansbaum-Talabisco and City Attorney Goren left the room at 12:00 p.m. and returned at 12:02 p.m. Financial Services Director Chapman gave a presentation and explained sale/lease back is a type of financing cities are able to do, and it is a benefit because they do not have to go to the voters to get approval. This type of financing is used primarily when a municipality does not have a good credit rating and does not have access to the capital markets, and is a more expensive type of financing. Commissioner Partner questioned whether the City had gotten an appraisal on City hall and Financial Services Director Chapman replied no funds have been authorized for an appraisal. Mayor Flansbaum- Talabisco asked for an expression of interest for a sale/lease back on City Hall, and February 11, 2008 City Commission Workshop Page 5 of 6 Commissioner Dressler, Commissioner Atkins -Grad, and Mayor Flansbaum-Talabisco were not in favor. Commissioner Portner was in favor. There was discussion regarding mutual respect. Mayor Flansbaum-Talabisco reminded everyone that Wednesday's commission meeting will be held at the Tamarac Community Center at 7:00 p.m. Mayor Flansbaum-Talabisco sent her personal best and the best wishes of the rest of the Commission to Vice Mayor Sultanof and his wife, Sylvia, and wished Mrs. Sultanof a speedy recovery. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 12:45 p.m. cf-oL ,�, arion Swenson, CMC City Clerk 1 1 February 11, 2008 City Commission Workshop Page 6 of 6